Case Digest: Beltran v. People, G.R. No. 137567, June 20, 2000 (Recit Version)

 Rule 111 | Criminal Procedure - Prejudicial Question


Facts:

On February 1997, Meynardo Beltran filed a petition for nullity of his marriage on the ground of psychological incapacity with Charmaine Felix after twenty-four years of being married.

Charmaine Felix subsequently filed a concubinage case against Beltran and his paramour Milagros Salting. The prosecution found probable cause and ordered the filing of an Information6 against them before the Metropolitan Trial Court of Makati City.

Beltran filed a Motion to Defer Proceedings Including the Issuance of the Warrant of Arrest, stating 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 motion, stating that the issue in the civil case was not a prejudicial question to the concubinage case.


Issue:

Whether the pendency of the petition for declaration of nullity of Meynardo Beltran's marriage is a prejudicial question to the criminal case for concubinage filed against him by his wife.


Ruling:

The Supreme Court ruled that 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. 

The petitioner's argument that his marriage being declared null and void would be a defense to the charge of concubinage was rejected by the court. The court held that parties to a marriage cannot judge for themselves its nullity and that only the competent courts can declare a marriage null and void. Only when the nullity of the marriage is declared can it be held as void, and until then, the presumption is that the marriage exists. Therefore, if someone cohabits with a woman who is not his wife before the judicial declaration of nullity of the marriage, he assumes the risk of being prosecuted for concubinage. The pendency of a civil action for nullity of marriage does not pose a prejudicial question in a criminal case for concubinage.


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