ARTICLE 36.

Pre-judicial questions, which must be

decided before any criminal prosecution may be instituted or
may proceed, shall be governed by rules of court which the
Supreme Court shall promulgate and which shall not be in
conflict with the provisions of this Code.
A prejudicial question is defined as one based on a
fact distinct and separate from the crime but so intimately
connected with it that it determines the guilt or innocence of
the accused, and for it to suspend the criminal action, it
must appear not only that said case involves facts
intimately related to those upon which the criminal
prosecution would be based but also that in the resolution
of the issue or issues raised in the civil case, the guilt or
innocence of the accused would be necessarily determined.
he ! elements are"
#. he civil action involves an issue similar or intimately
related to the issue raised in the criminal action
!. he resolution of such issue determines whether or not
the criminal action may proceed
$ationale behind the principle of suspending the criminal
case" o avoid conflicting decisions.
-although it does not conclusively resolve the guilt or
innocence of the accused, it tests sufficiency of the
allegations in the complaint or information in order to
sustain the further prosecution.
Prejudicial question%suspension of criminal case%it may
be made only upon petition and not at the instance of the
judge alone or the investigating officer.
When will you file a petition for the suspension of the
criminal proceedings on the ground of the existence of a
prejudicial question?
#. &uring the preliminary investigation, you file it with
the prosecutor or 'ffice of the City Prosecutor.
!. 'r if the case is already pending, before the court
where the case is being heard before the
prosecution rests its case.
-if the respondent raised the question before the
prosecutor but the latter denied the petition for
suspension, he may still raise the matter before
the trial court.
here e(ist a previous filed civil action and the matter was
brought to the attention of the court in a proper motion, the
court shall not dismiss the case but merely suspend it. )f it
dismisses the case and there is an arraignment already, the
dismissal will be tantamount to an acquittal.
*enerally, the right to file a petition for the suspension
of the criminal proceeding is granted to the accused
because it is he whose right to the constitutional provision
on speedy trial that would be violated. So, that is generally
granted to the accused.
So, here the criminal proceeding is suspended unli+e
that of a civil action based on the criminal case, where if the
civil action is filed ahead, the civil action is suspended. he
criminal case has to move, pending the resolution of the
criminal case before the civil action can be heard.
'ne of the cases where the court that there is a
prejudicial question is the case of"
ARTICLE 37. ,uridical capacity, which is the fitness to be
the subject of legal relations, is inherent in every natural person
and is lost only through death. Capacity to act, which is the
power to do acts with legal effect, is acquired and may be lost.
Person: refer to any being. -hether natural or artificial
susceptible of legal rights and obligations.
Juridical Capacity Capacity to Act
.itness to be the subject
of legal relations
power to do acts with legal
effect
)nherent in every natural
person and lost only
through death
Acquired and may be lost
Can e(ist without capacity
to act
Cannot e(ist without
juridical capacity
Personality: he embodiment of a collection of qualities in
a person. he quality of being a person.
/inds of Personalities"
a. Presumptive- while in the womb of the mother
b. Actual- after becoming a person
c. Artificial 0 after death 1estate2
Article 34 on juridical capacity and capacity to act.
Juridical capacity is inherent in every natural person and
is lost only through death. Capacity to act is the power to
do acts with legal effect, is acquired and may be lost.
hat is why an unborn child has the capacity to receive
donations and to be recogni5ed as a legitimate child
because both are favorable to the unborn child.
-hile it may be true that birth determines personality,
the conceived child shall be considered born for all
purposes favorable to it provided it be born later in
accordance with the provisions of Article 6#.
Presumption" A person7s capacity to act is presumed if he
had not been previously declared incapacitated
.ull Civil Capacity- A person has full civil capacity if he has
both juridical and capacity to act.
ARTICLE 3. 8inority, insanity or imbecility, the state of being
deaf-mute, prodigality, and civil interdiction are mere
restrictions on capacity to act and do not e(empt the
incapacitated person from certain obligations, as when the
latter arise from his acts or from the property relations, such as
easements.
$estrictions"
#. 8inority
!. )nsanity
3. )mbecility
6. &eaf-mutism
9. Prodigality
:. Civil interdiction
1*eneral restrictions2
he capacity to act is affected"
#. )nherent - with the subject himself
!. )ncidental 0 only by reason of circumstances
li+e ; family relations7
$estriction"
#. 8inority
$A :<=> the majority of age which used to
be !# is reduced to #<.
!. )nsanity
8ental disorder
3. )mbecility
8anifestation of mental disability, mental
retardation
o )diot 0 )? below !=
Custodial carenecessary
o )mbecile 0 )? below 9=
o 8oron 0 )? below 4=
6. &eaf-mutism
Person who can neither hear or spea+
suffers from deaf-mutism
)nability to spea+
9. Prodigality
Squanderer of his money and property
without regard to the needs of the future
of his family which he is bounf to protect
and support under the law.
:. Civil interdiction 0
8andatory accessory penalty deemed
imposed whenever the sentence
rendered is within the range of reclusion
temporal to death.
ARTICLE 3!. he following circumstances, among others,
modify or limit capacity to act" age, insanity, imbecility, the state
of being deaf mute, penalty, prodigality, family relations,
alienage, absence, insolvency, and trusteeship. he
consequences of these circumstances are governed in this
Code, other codes, the $ules of Court, and in special laws.
Capacity to act is not limited in account of religious belief or
political opinion.
A married woman, !# years of age or over is qualified for all
acts of civil life e(cept in cases specified by law.
#. Penalty
)mposable in crimes which restrict or
modify a person7s capacity to act.
!. .amily $elations
3. Alienage
Sate of being an alien or foreigner
6. Absence
A person may be declared an absentee
by the court upon proper petition of
qualified persons, when his
whereabouts are un+nown for a certain
number if years%either ! or 9
Presumed dead if absent for at least 4 years or 6
years under certain dangerous circumstances
9. )nsolvency-
Condition whereby one7s assets, if all made
immediately available, would not be sufficient to
discharge his obligations or liabilities
:. rusteeship-
@egal relationship concerning property
which obliges the person holding it to
deal with the property for the benefit of
another
Characteristics of rust
o A relationship fiduciary in
character
o $elationship with respect to
property and not one involving
merely personal duties
o A(istence of equitable duties
imposed upon the holder of
another7s property
o )t arises as a result of
manifestation of intention to
create relationship.
ARTICLE "#. Birth determines personalityC but the
conceived child shall be considered born for all purposes that
are favorable to it, provided it be born later with the conditions
specified in the following article.
ARTICLE "$. .or civil purposes, the foetus is considered
born if it is alive at the time it is completely delivered from the
motherDs womb. Eowever, if the foetus had an intra-uterine life
of less than seven months, it is not deemed born if it dies within
twenty-four hours after its complete delivery from the maternal
womb. 13=a2
)f it has an intra-uterine life of at least 4 months, it is
sufficient that it is alive at the time it is completely delivered
from the mother7s womb.
But if the intra-uterine life is less than 4 months, then,
the child must be alive for at least !6 hours after its
complete delivery from the maternal womb in order for it to
acquire civil personality, in order for all those acts favorable
to the child shall become valid.
ARTICLE "3. )f there is a doubt, as between two or more
persons who are called to succeed each other, as to which of
them died first, whoever alleges the death of one prior to the
other, shall prove the sameC in the absence of proof, it is
presumed that they died at the same time and there shall be no
transmission of rights from one to the other.
Article 63 is only for purposes of succession, only
questions on succession.
Formally, this happens between a parent and a child
or a grandparent and child.
his was as+ed in the !=== Bar A(ams, where the
father predeceased the parent. So, the children shall
inherit by right of representation.
Article 63 can only be invo+ed on questions involving
succession. All other questions would be resolved by the
presumption on survivorship under the $ules of Court.
hat was as+ed in the #>>< Bar A(ams. his involves
a life insurance policy. )n that case, that should be resolved
based on the presumption on survivorship, not based on
Article 63. $emember that Article 63 will only apply to
questions involving succession and there is a doubt as to
which of them died first. So, in the absence of proof, they
are presumed to have died together and there shall be no
transmission of rights from one to the other.