Friday, July 18, 2014

PREJUDICIAL QUESTION:

     A prejudicial question is defined as: x x x one that arises in a case the resolution of which is a logical antecedent of the issue involved therein, and the cognizance of which pertains to another tribunal. It is a question based on a fact distinct and separate from the crime but so intimately connected with it that it determines the guilt or innocence of the accused, and for it to suspend the criminal action, it must appear not only that said case involves facts intimately related to those upon which the criminal prosecution would be based but also that in the resolution of the issue or issues raised in the civil case, the guilt or innocence of the accused would necessarily be determined. (JOSELITO R. PIMENTEL V. MARIA CHRYSANTINE L. PIMENTEL & PEOPLE, G.R. NO. 172060, SEPTEMBER 13, 2010, CARPIO, J.).

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