Rules of Court, Rule 111, Sec. 6

Statute

Rules of Court

Article

Rule 111, Sec. 6

Topic

Suspension of criminal action by reason of a prejudicial question

Year

2000

The provision

Key points

Rule 111, Section 6 of the Rules of Court allows the suspension of a criminal action by reason of a prejudicial question. A petition to suspend, based on the pendency of a prejudicial question in a civil action, may be filed with the prosecutor's office or the court conducting the preliminary investigation; once the criminal case is filed for trial, the petition is filed in the criminal action itself, at any time before the prosecution rests.

The rule sets the procedure and timing for invoking a prejudicial question, while Section 7 defines its elements. It commonly arises where a civil case on the validity of a marriage is said to determine a bigamy prosecution.

Related provisions

• Rules of Court Rule 111, Sec. 7 — Elements of a prejudicial question
• Civil Code Art. 29
• Civil Code Art. 30
• Revised Penal Code Art. 349

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