Benitez vs.

Concepcion

Petitioner: M.benitez alias Yu bon Chiong

Respondent: Hermogenesconcepcion alias Ong ho

Facts:

That on May 4, 1946 Rufino Ibanez, Ong ho and Chingsiokeng (wife of Yu bon Chiong) executed a real
estate mortgage at Philippine National Bank (PNB) for the payment of the Debtor (Yu bon Chiong) with
an amount of P50,000,00 the mortgage was amended on March 26, 19657 to secure the payment of the
increase indebtness of the petitioner which had risen to P170,000,00. The petitioner failed to pay the
debt that causes the PNB to file with the CFI of Rizal a civil case against the petitioner and respondent
(civil case 449).

On July 24, 1957 Ong ho filed a complaint in the CFI manila civil case 33251 against the PNB and
petitioners for the annulment of the two deeds of mortgage, claiming that his signature in the said
documents was forged.

On July 16, 1958 Respondent Ong ho filed a Criminal case complaint before the city fiscal of manila,
charging the petitioner falsification of deeds of mortgage involved in civil case no. 994.

On July 2, 1958 Petitioner filed a motion before the respondent fiscal for the dismissal of the criminal
complaint on the ground that theres a civil prejudicial question of which should be resolved first.

Issue:

Whether or not a civil prejudicial question exist in the said petition

Held:

No, disputes arises from the fact that both civil case no. 33251 and criminal case O.s no 15190 arose
from the same transaction or fact. Where both a civil and criminal action arising from the same fact are
filed in court the criminal case takes precedence (Rule 107, Sec 1b)