Petitioner
Isip
Respondent
Gonzales
Citation
G.R. No. L-27277
Court
Supreme Court
Division
En Banc
Ponente
Barredo, J.
Decided
May 31, 1971

Summary

This Supreme Court case resolved procedural questions about when prejudicial question motions can be filed in criminal proceedings. Petitioners sought to suspend preliminary investigation of election law violations pending resolution of an electoral protest. The Court affirmed that such motions cannot be entertained during preliminary investigation but only after probable cause is found and trial begins. The Court established that criminal courts retain jurisdiction over election law violations despite pending election contests, and that specific incidents must be involved in both proceedings to constitute a prejudicial question. The ruling clarified the temporal requirements for invoking prejudicial question procedures and preserved criminal court jurisdiction over electoral offenses.

Statutes applied

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By the Intellegal Editorial Board · May 31, 1971

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