Bobis vs Bobis, July 31, 2000 Facts: Isagani Bobis married Maria Javier in 1985.

During the subsistence of such marriage, he married Marbella Bobis and then subsequently married Julia Hernandez. Marbella Bobis charged him with bigamy. Sometime thereafter, he initiated a civil action for the declaration of absolute nullity of his first marriage on the ground that it was celebrated without a marriage license. He filed motion to suspend the proceedings in the crim case for bigamy invoking the pending civil case for nullity of the first marriage as a prejudicial question to the crim case. Judge granted motion. Marbella filed motion for recon. Denied. Issue: WON the subsequent filing of a civil action for declaration of nullity of previous marriage constitutes a prejudicial question to a crim case for bigamy Held: NO Ratio: 211A prejudicial question is one which arises on a case the resolution of which is a logical antecedent of the issue involved therein. 2122 elements: a.the civil action involves an issue similar or intimately related to the issue raised in the criminal action b.the resolution of such issue determines WON the criminal action may proceed 213 Landicho vs Relova: he who contracts a second marriage before the judicial declaration of nullity of the 1st marriage assumes the risk of being prosecuted for bigamy and in such case, the crim case may not be suspended on the ground of the pendency of a civil case for declaration of nullity. 214here: resorted to civil action as a potential prejudicial question for the purpose of frustrating of delaying his crim prosecution 215A decision in the civil case is not essential to the determination of the crim charge and thus is not a prejudicial question PETITION GRANTED. RTC orders reversed and set aside. Ordered to immediately proceed with crim case

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