Professional Documents
Culture Documents
Prejudicial Question
A prejudicial question is 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. The prejudicial question must be determinative of the case before the court but the
jurisdiction to try and resolve the question must be lodged in another court or tribunal.
More simply, for the court to appreciate the pendency of a prejudicial question, the law
requires the concurrence of two essential requisites, to wit:
a) The civil action involves an issue similar or intimately related to the issue raised in the
criminal action; and
b) The resolution of such issue determines whether or not the criminal action may
proceed. (CHING vs. COURT OF APPEALS, G.R. No. 110844, April 27, 2000)
Pendency of a civil action for nullity of marriage does not pose a prejudicial question in a
criminal case for concubinage. The rationale behind the principle of prejudicial question is to
avoid two conflicting decisions. For a civil case to be considered prejudicial to a criminal action
as to cause the suspension of the latter pending the final determination of the civil case, it must
appear not only that the said civil case involves the same facts upon which the criminal
prosecution would be based, but also that in the resolution of the issue or issues raised in the
aforesaid civil action, the guilt or innocence of the accused would necessarily be determined.
(BELTRAN vs. PEOPLE, G.R. No. 137567, June 20, 2000)
Property Regime of Unions Without Marriage (Art. 148, FC); Support; Retroactive
Application of the Family Code
Actual contribution is required by Art. 148 of the Family Code, in contrast to Art. 147 .
which states that efforts in the care and maintenance of the family and household are regarded as
contributions to the acquisition of common property by one who has no salary or income or work
or industry. The care given by one party [to] the home, children, and household, or spiritual or
moral inspiration provided to the other, is not included in Art.148. Hence, if actual contribution
of the party is not proved, there will be no co-ownership and no presumption of equal shares
The right to support (for shelter) of illegitimate children does not prevail over the right of the
spouses to eject them. Article 203 of the Family Code expressly provides that the obligation to
give support shall be demandable from the time the person who has the right to receive the same
needs it for maintenance, but it shall not be paid except from the date of the judicial or extrajudicial demand. (TUMLOS vs. FERNANDEZ, G.R. No. 137650, April 12, 2000)