This case has been cited 1 times or more.
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2009-06-30 |
VELASCO JR., J. |
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| Thus, the Court has held in numerous cases[12] that the elements of a prejudicial question, as stated in the above-quoted provision and in Beltran v. People,[13] are:The rationale behind the principle of prejudicial question is to avoid two conflicting decisions. It has two essential elements: (a) the civil action involves an issue similar or intimately related to the issue raised in the criminal action; and (b) the resolution of such issue determines whether or not the criminal action may proceed. | |||||