Philippine Bar review · Question

Practice question: Prejudicial Question

Multiple Choice Easy

Practice question

Why is mere overlap of facts between a civil and criminal case insufficient?
  1. Overlap always defeats both courts’ jurisdiction.
  2. The accused must first confess.
  3. The civil resolution must be determinative of whether the criminal action may proceed, not merely useful background.
  4. Only the size of the civil claim matters.
  5. A related issue must always be ignored.

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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