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
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
- 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.
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.