Quick answer

A prejudicial question is one that arises in a case the resolution of which is a logical antecedent of the issue involved in another case, and the cognizance of which pertains to another tribunal; specifically, it is a question in a previously instituted civil action that is so intimately related to the issue in a subsequent criminal action that its resolution determines whether the criminal action may proceed. When a prejudicial question exists, the criminal action is suspended until the civil question is resolved, because the outcome of the civil case will determine the guilt or innocence of the accused in the criminal case. The requisites of a prejudicial question are two: first, the previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action; and second, the resolution of that issue in the civil case determines whether or not the criminal action may proceed. Note the sequence: under the rules, the civil action must have been instituted prior to the criminal action for the prejudicial-question rule to apply. A classic example involves bigamy: if a person is charged with bigamy for contracting a second marriage, and there is a prior civil case questioning the validity of the first (or the second) marriage, the question of the marriage's validity may be a prejudicial question, because if the first marriage is void, an element of bigamy may be affected, though jurisprudence has clarified that one must generally obtain a judicial declaration of nullity before remarrying, limiting this defense. Another example is a civil case on the ownership of property that is decisive of a criminal case for theft or estafa involving the same property. When a prejudicial question is properly raised, the accused files a motion to suspend the criminal proceedings. So a prejudicial question in a prior civil case that is decisive of the criminal case suspends the criminal action until the civil issue is resolved.

What a Prejudicial Question Is

A prejudicial question is an issue in a prior civil action so intimately related to a subsequent criminal action that its resolution determines whether the criminal case may proceed. It suspends the criminal case.

The Two Requisites

Sequence and Examples

The civil action must be instituted first. Classic examples: a prior civil case on the validity of a marriage vs. a bigamy charge (limited by the rule requiring a declaration of nullity before remarriage); or a civil case on ownership decisive of a theft/estafa charge. The accused files a motion to suspend the criminal proceedings.

Practical Takeaways

Frequently Asked Questions

What is a prejudicial question? An issue in a previously instituted civil action that is so intimately related to the issue in a subsequent criminal action that its resolution determines whether the criminal action may proceed, suspending the criminal case.

What are the requisites of a prejudicial question? The previously instituted civil action involves an issue intimately related to the criminal action, and the resolution of that issue determines whether the criminal action may proceed.

Which case must be filed first? The civil action must have been instituted prior to the criminal action for the prejudicial-question rule to apply and suspend the criminal case.

What is an example of a prejudicial question? A prior civil case on the validity of a marriage relative to a bigamy charge, or a civil case on the ownership of property that is decisive of a criminal case for theft or estafa involving the same property.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

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