Tuesday, July 21, 2015
See - PREJUDICIAL QUESTION: | MVP Law | Philippines
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In Torres v. Garchitorena, G.R. No. 153666, December 27, 2002, 394 SCRA 494, 508-509, the Supreme Court stated that under the amendment, a prejudicial question is understood in law as that which must precede the criminal action and which requires a decision before a final judgment can be rendered in the criminal action with which said question is closely connected. The civil action must be instituted prior to the institution of the criminal action.
Clearly, the civil action must precede the filing of the criminal action for a Prejudicial Question to exist.
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