Practice question
A criminal action is filed in January. In March the accused files a civil action over related documents and seeks automatic suspension solely by calling that later suit prejudicial. No earlier civil action or other ground for suspension is invoked. Which assessment follows the ordinary section 7 test?
- Every later suit automatically suspends the criminal case.
- Related documents eliminate the chronology requirement.
- The accused’s choice of label binds the criminal court.
- A later civil filing always acquits the accused.
- The stated test requires a previously instituted civil action and a determinative issue; this later filing does not satisfy the prior-action requirement.
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 111 sections 6–7: prejudicial question, prior civil action, determinative issue and timing of suspension petition.
- https://lawphil.net/judjuris/juri2025/nov2025/gr_259337_2025.html — Vallacar Transit, Inc. v. Yanson, G.R. 259337, November 25, 2025, main opinion: no automatic prejudicial question from related corporate litigation.
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