Criminal Proceedings May Be Suspended Only When a Previously Filed Civil Case Involves a Determinative Issue in the Criminal Case |

A motion to suspend criminal proceedings on the ground of a prejudicial question is a procedural safeguard designed to prevent conflicting decisions between civil and criminal courts. This mechanism ensures that a criminal case does not move forward when its resolution is inextricably linked to a civil issue that must first be settled. The rationale is rooted in judicial economy and fairness: it would be unjust and inefficient for a criminal court to render a decision that could later be contradicted by a civil court’s findings on a closely related matter.

However, the Supreme Court has made it clear that not every civil case related to a criminal case warrants the suspension of criminal proceedings. The Court emphasized that only those civil cases that meet the strict elements of a prejudicial question, as defined by the rules, can justify such suspension.

What, then, are the elements of a prejudicial question?

Under Section 7, Rule 111 of the Revised Rules of Criminal Procedure, a prejudicial question exists when:

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

The resolution of such issue determines whether or not the criminal action may proceed Revised Rules of Criminal Procedure (2000).

Let’s break down these elements:

1. The Civil Action Must Be Previously Instituted and Involve a Similar or Intimately Related Issue

The civil case must have been filed before the criminal case. This requirement is not a mere technicality; it is intended to prevent parties from filing civil cases as an afterthought, merely to delay criminal proceedings. The issues in the civil case must also be so closely intertwined with those in the criminal case that resolving the civil issue is a logical and legal prerequisite to proceeding with the criminal case. 

For example, if the validity of a contract is the subject of a civil case, and the alleged criminal act (such as estafa) hinges on whether that contract is valid, the civil case may present a prejudicial question.

2. The Resolution of the Civil Issue Must Determine Whether the Criminal Case May Proceed.

It is not enough that the civil and criminal cases are related; the outcome of the civil case must be determinative of the criminal case. In other words, the criminal case cannot proceed unless and until the civil issue is resolved. If the criminal case can stand independently of the civil case, then there is no prejudicial question. 

The Supreme Court in Dreamwork was categorical: “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 if there is no necessity that the civil case be determined first before taking up the criminal case, the civil case does not involve a prejudicial question” Dreamwork Construction v. Janiola (2009); see also Land Bank v. Jacinto (2010).

The courts exercise caution in granting motions to suspend on the ground of a prejudicial question. The mere existence of a related civil case is insufficient. The party seeking suspension must clearly demonstrate that both elements are present. Otherwise, the criminal case will proceed, and the accused cannot use the pendency of a civil case as a shield against prosecution. | via @Atty.philjuris