Zapanta vs.

Montesa 4 SCRA 510

This case is a petition for prohibition of criminal action pending final determination of civil action

Olympia Yco filed bigamy against petitioner who remarried without dissolving first marriage with Estrella
Guarin.

A month after petitioner filed a civil case against Yco for the annulment of their marriage on the ground
of duress, force and intimidation. Yco responded with motion to dismiss with defense that petitoner has
no cause of action, this was denied.

Petitioner filed a motion to suspend criminal case against him with defenses that it is a prejudicial question
since it is involved in the civil case filed against him. this was denied, same with his reconsideration plea
which brings to the case at hand.

Issue:

whether the criminal case filed should wait for the decision in the civil case?

Ruling: Petition Granted.

Yes, because the petitioner claims his marriage with yco is null and void because it was involuntary as
he claimed in the civil case he filed.

This creates a prejudicial question as the civil case is determinative of the criminal case. (people v.
aragon,supra)