Week 5 - Prosecution of Criminal and Civil Aspect of Offense and Application for Provisional Remedies (Case doctrines)

Question 1

Salonga v. Pano

Answer 1

• “Prima facie evidence” denotes evidence which, if unexplained or uncontradicted, is sufficient to sustain the proposition it supports or to establish the facts, or to counterbalance the presumption of innocence to warrant a conviction
• It is imperative upon the fiscal or the judge as the case may be, to relieve the accused from the pain of going through a trial once it is ascertained that the evidence is insufficient to sustain a prima facie case or that no probable cause exists to form a sufficient belief as to the guilt of the accused.
• As a general rule, a denial of a motion to quash or to dismiss, being interlocutory in character, cannot be questioned by certiorari. Among others, public interest dictates that criminal prosecutions should not be enjoined
  
  • Exception: The rule is not applicable where there is failure to show prima facie that a person is guilty

Question 2

What is a prejudicial question?

Answer 2

• A prejudicial question is one which arises in a case the resolution of which is a logical antecedent of the issue involved therein. It is a question 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. It must appear not only that the civil crime involves facts upon which the criminal action is based, but also that the resolution of the issues raised in the civil action would necessarily be determinative of the criminal case. (Marbella-Bobis v Bobis)

Question 3

What are the elements of a prejudicial question?

Answer 3

The elements of a prejudicial question are:

• the civil action involves an issue similar or intimately related to the issue in the criminal action; and
• the resolution of such issue determines whether or not the criminal action may proceed. [Rule 111 Sec. 7; Marella-Bobis v Bobis]

Question 4

“For a civil action to be considered prejudicial to a criminal case as to cause the suspension of the criminal proceedings until the final resolution of the civil action, the following requisites must be present:

1. the civil case involves facts intimately related to those upon which the criminal prosecution would be based;
2. in the resolution of the issue or issues raised in the civil action, the guilt or innocence of the accused would necessarily be determined; and
3. jurisdiction to try said question must be lodged in another tribunal

Answer 4

People vs. Consing Jr.

GR No. 148193 – January 16, 2003

First Division | J. Ynares-Santiago

Question 5

“If both civil and criminal cases have similar issues or the issue in one is intimately related to the issues raised in the other, then a prejudicial question would likely exist, provided the other element or characteristic is satisfied. If the resolution of the issue in the civil action will not determine the criminal responsibility of the accused in the criminal action based on the same facts, or there is no necessity that the civil case be determined first before taking up the criminal case, therefore, the civil case does not involve a prejudicial question.”

Answer 5

People vs. Consing Jr.

GR No. 148193 – January 16, 2003

First Division | J. Ynares-Santiago