Prejudicial Questions

CIVIL LAW QUESTION 1997

In the context that the term is used in Civil Law, state the

(a) concept, (b) requisites and (c) consequences of a prejudicial question.

SUGGESTED ANSWER:

 (a)  Concept 

A prejudicial question is one which must be decided first before a criminal action may be instituted or may proceed because a decision therein is vital to the judgment in the criminal case. In the case of People vs. Adelo Aragon (L-5930, Feb. 17, 1954), the Supreme Court defined it as one which arises in a case, the resolution of which question is a logical antecedent of the issues involved in said case and the cognizance of which pertains to another tribunal (Paras, Vol. 1, Civil. Code Annotation, 1989 ed. p, 194).

(b)    Requisites

 1 The prejudicial question must be determinative of the case before the court.

2 Jurisdiction to try said question must be lodged in another tribunal.

(c) Consequences 

The criminal case must be suspended. Thus, in a criminal case for damages to one's property, a civil action that involves the ownership of said property should first be resolved (De Leon vs. Mabanag. 38 Phil. 202)