Prejudicial Question

A prejudicial question is defined to be that which arises in a case, the resolution of which question is a logical antecedent of the issue involved in said case, and the cognizance of which pertains to another tribunal. 

ELEMENTS of a PREJUDICIAL QUESTION:

(a) the previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action; and

(b) the resolution of such issue determines whether or not the criminal action may proceed.

REQUISITES of a PREJUDICIAL QUESTION:

The following requisites must be present 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 case: 

(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.

Prejudicial question has been defined to be that which arises in a case, the resolution of which question is a logical antecedent of the issue involved in said case, and the cognizance of which pertains to another tribunal. The prejudicial question must be determinative of the case before the court; that is its first element. Jurisdiction to try said question must be lodged in another tribunal; this is the second element. 

In an action for bigamy for example, if the accused claims that the first marriage is null and void and the right to decide such validity is vested in another tribunal, the civil action for nullity must first be decided before the action for bigamy can proceed; hence, the validity of the first marriage is a prejudicial question. (People v. Aragon, 50 Off. Gaz. No. 10, 4863).