Text of the provision
Art. 36. Pre-judicial 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.
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
A prejudicial question is an issue in a civil case whose resolution determines whether a related criminal case can proceed — so the criminal action is suspended until the civil issue is decided. This article leaves the mechanics to the Rules of Court. Under those rules, the requisites are: (1) the civil action was filed first (or the issue is determinative), and (2) its resolution decides the guilt or innocence in the criminal case (e.g., a pending suit on the validity of a marriage in a bigamy prosecution).
Related provisions
- Article 35 — suspension of a civil action when a criminal case is filed.
- Article 8 — the Supreme Court's interpretive authority.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.