BELTRAN VS PEOPLE CASE DIGEST

CIVIL LAW
G.R. No. 137567
June 20, 2000

FACTS
Petitioner was married to Charmaine Felix on June 16, 1973. After 24 years of
marriage and having four children, petitioner filed a petition for nullity of marriage
on ground of psychological incapacity. Charmaine on the other hand filed a criminal
complaint for concubinage against petitioner and his paramour. To forestall the
issuance of a warrant of arrest from the criminal complaint, petitioner filed for the
suspension of the criminal case on concubinage arguing that the civil case for the
nullification of their marriage is a prejudicial question.

ISSUE
Whether or not the civil case for nullity of marriage under psychological incapacity
is a prejudicial question to the criminal case of concubinage.

RULING
The rationale on the existence of prejudicial questions is to avoid two conflicting
issues. Its requisites are 1) that a civil action involves an issue similar or intimately
related to the issue in the criminal action and 2) the resolution of the issue
determines whether or not the criminal action will proceed. In the present case, the
accused need not present a final judgment declaring his marriage void for he can
adduce evidence in the criminal case of the nullity of his marriage other than the
proof of a final judgment. More importantly, parties to a marriage should not be
allowed to judge for themselves its nullity, for the same must be submitted to the
competent courts. So long as there is no such final judgment the presumption is
that the marriage exists for all intents and purposes. Therefore he who cohabits
with a woman not his wife risks being prosecuted for concubinage.