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Remedial Law Digest Cases

Remedial Law Digest Cases

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Published by Joseph Rinoza Plazo

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Published by: Joseph Rinoza Plazo on Feb 20, 2012
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03/13/2013

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10 Sept. 1999

25

REMEDIAL LAW
DIGESTS
ATENEO BAR OPERATIONS 2001

Facts:COMELEC suspended the plebiscite scheduled for the creation of new barangays in
Municipality P in view of the pending boundary dispute between Municipality P and Municipality
D. Municipality P objected.

Issue:Whether there is a prejudicial question

Held:Yes. The general rule is that a prejudicial question contemplates a civil and criminal
action and does not come into play when both cases are civil. However, in the interest of good
order, the Supreme Court can suspend action on one case pending the final outcome of another
case closely interrelated or linked to the first even if the two are both civil cases. The exception
applies in this case.

REAL PARTY-IN-INTEREST

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