Practice question
A civil suit predates the criminal action and concerns related facts, but its resolution cannot determine whether the criminal action may proceed. Is factual overlap alone a prejudicial question?
- The prosecutor’s consent replaces every element
- Yes; every earlier civil suit suspends arraignment
- Only the civil docket number matters
- No; the determinative-issue requirement is also necessary
- The amount sued for always controls
Legal references
- Rules111 Section7,116 Section11,117 and118: https://lawphil.net/courts/rules/rc_110-127_crim.html
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