Prejudicial Questions (NCC 36) Flashcards
1
Q
Article 36. NCC
A
ART 36. NCC. Prejudicial questions, which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code.
2
Q
Why did the Court not suspend the pending bigamy trial in the case of Landicho v Relova despite the existence of an annulment case of the defendant?
A
The Court did not suspend the bigamy case bacause the annulment cases do not automatically mean that there is prejudicial question. In the absence of a declaration of nullity, the marriages are presumed to exist. Thus, the bigamy trials cannot be suspended for that reason.
