GR NO 183788 APRIL 5, 2010

DE ZUZUARREGUI VS HON. VILLAROSA ET AL

FACTS
Rosemary Torres Ty-Rasekhi and petitioner Krizia Ty-de Zuzuarregui filed a
compromise agreement filed in court in which it states that they are the only heirs of
Bella Torres, the mother of Rosemary. Subsequently, Peter Ty, Catherine Ty, and
Fannie Ty all claimed to be biological children of Bella. They filed a charge against
petitioner and Rosemary of falsification and forgery for having to alleged that they were
the only heirs of Bella and for the annulment of the compromise agreement. The RTC
found them guilty of falsification of public document in which the CA affirmed the same.
Petitioner argues that there is a prejudicial question in the filing of the criminal case.

ISSUE
Whether or not there is a prejudicial question involved.

RULING
The determination of whether the proceedings may be suspended on the basis of
a prejudicial question rests on whether the facts and issues raised in the pleading in the
civil case are so related with the issues raised in the criminal case such that the
resolution of the issues in the civil case would also determine the judgment in the
criminal case. It was clear that in the petition to annul the compromise agreement in
which their names were not included, having to adjudge the civil case would know if
they are really heirs of Bella. If not, then the criminal case against petitioners has no
basis to proceed its course. With this, The Supreme Court ruled in the affirmative and
the criminal case was suspended.