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Suspension By Reason Of Prejudicial Question


Section 5. Judgment in civil action not a bar

The judgment in civil actions based on Arts. 32, 33, 34 and 2176
absolving the defendant from civil liability does not bar the criminal
action.

NOTE: Where the criminal case was dismissed before trial because the
offended party executed an affidavit of desistance, the civil action
thereof is similarly dismissed.


Section 6. Suspension by reason of prejudicial question

PREJUDICIAL QUESTION
   - It is one which 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.

PURPOSE: To avoid two conflicting decisions.

NOTE: A prejudicial question is 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.

PREJUDICIAL QUESTION
1. The prejudicial question may be raised during the preliminary
   investigation of the offense or in court before the prosecution
   rests its case.
2. The suspension of the criminal case due to a prejudicial question
   is only a procedural matter, and is subject to a waiver by virtue
   of prior acts of the accused.
3. There is no prejudicial question where one case is administrative
   and the other is civil.

Time to Plead
   - When the criminal action has been filed in court for trial, the
     petition to suspend shall be filed in the same criminal action
     at any time before the prosecution rests.

WHERE TO FILE PETITION FOR SUSPENSION BY
REASON OF PREJUDICIAL QUESTION
1. Office of the Prosecutor; or
2. Court where the criminal action has been filed for trial at any
   time before the prosecution rests.

Section 7. Elements of prejudicial question

ELEMENTS OF A PREJUDICIAL QUESTION
1. The civil action must be instituted PRIOR to the criminal action;
2. The civil action involves an issue similar or intimately related
   to the issue raised in the subsequent criminal action;
3. The resolution of such issue determines whether or not the criminal
   action may proceed.








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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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