Prejudicial Question

Question 1

What are the elements of prejudicial question under the Revised Rules of Court - Criminal Procedure?

Answer 1

According the Rule 111. Prosecution of Civil Action, Section 7, the following are the elements of a prejudicial question.

The elements of a prejudicial question are:

(a) the previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action, and

(b) the resolution of such issue determines whether or not the criminal action may proceed.