MERARDO L. ZAPANTA, petitioner, vs. THE HON. AGUSTIN P.
MONTESA, ETC., ET AL., respondents.
Pedro M . Santos and Jorge C . Salonga for petitioner.
Solicitor General Edilberto Barot and Dewey G. Soriano for respondents.
SYLLABUS
1. PREJUDICIAL QUESTIONS; DEFINITIONS. — A prejudicial question
is one that arises in a case, the resolution of which is a logical antecedent of the issue involved therein, and the cognizance of which pertains to another tribunal. (People vs. Aragon, 94 Phil., 357; 50 Off. Gaz., [10] 4863). 2. ID.; ID.; WHEN ACTION FOR ANNULMENT OF SECOND MARRIAGE DEEMED A PREJUDICIAL QUESTION IN A BIGAMY CASE. — The prejudicial question must be determinative of the case before the court, and jurisdiction to try the same must be lodged in another court. (People vs. Aragon, supra.) Hence, where the defendant in a bigamy case in the Court of First Instance of Bulacan claims that the second marriage is void on the ground that he entered into it under duress, force and intimidation, and, as a matter of fact a case is pending in the Court of First Instance of Pampanga for the annulment of said marriage, the civil action for annulment must first be decided before the action for bigamy can proceed.
DECISION
DIZON, J : p
This is a petition for prohibition filed by Merardo L. Zapanta against the