What is a prejudicial question?
A prejudicial question generally exists in a situation where a civil action and
a criminal action are both pending, and there
exists in the former an issue that must be pre-emptively resolved before the
latter may proceed, because howsoever the issue raised in the civil action is resolved would be
determinative juris et de jure of the guilt or innocence of
the accused in the criminal case.[1] The rationale behind the principle is
to avoid two conflicting decisions,[2] and its existence rests on the
concurrence of two essential elements: (i) the civil action involves an issue
similar or intimately related to the issue raised in the criminal action; and
(ii) the resolution of such issue determines whether or not the criminal action
may proceed.[3]
[1] Yap v. Cabales, G.R. No. 159186, June 5, 2009.
[2] Id.
[3] RULES OF COURT, Rule 111, Sec. 7.