MEYNARDO L. BELTRAN, petitioner, vs. PEOPLE OF THE PHILIPPINES, and HON. JUDGE FLORENTINO TUAZON, JR. being the Judge of the RTC, Branch 139, Makati City, respondents
G.R. No. 137567. June 20, 2000
FACTS:
The petitioner filed a petition for nullity of marriage on the ground of psychological incapacity. In her Answer to the said petition, petitioner’s wife Charmaine Felix alleged that it was petitioner who abandoned the conjugal home and lived with a certain woman named Milagros Salting. Charmaine subsequently filed a criminal complaint for concubinage. The petitioner, in order to forestall the issuance of a warrant for his arrest, filed a Motion to Defer Proceedings Including the Issuance of the Warrant of Arrest in the criminal case. Petitioner argued that the pendency of the civil case for declaration of nullity of his marriage posed a prejudicial question to the determination of the criminal case. Judge Alden Vasquez Cervantes denied the foregoing motion. Petitioner’s motion for reconsideration was likewise denied.
ISSUE:
Whether or not the pendency of the petition for declaration of nullity of marriage based on psychological incapacity is a prejudicial question that should merit the suspension of the criminal case for concubinage.
RULING:
The Supreme Court finds the contention of the petitioner without merit. The pendency of the case for declaration of nullity of petitioner’s marriage is not a prejudicial question to the concubinage case. For a civil case to be considered prejudicial to a criminal action as to cause the suspension of the latter pending the final determination of the civil case, it must appear not only that the said civil case involves the same facts upon which the criminal prosecution would be based, but also that in the resolution of the issue or issues raised in the aforesaid civil action, the guilt or innocence of the accused would necessarily be determined.
