Donato v.

Judge Luna

Facts:
Abayan filed a bigamy case against DOnato upon learning that the latter is
previously married. Before arraignment of the said criminal case, Abayan filed
nullity of their marriage arguing that her consent was obtained thru duress. Due
this, Donato files a motion to suspend the bigamy case raising prejudicial question
as defense. He contends that the result of the nullity case is intimately related with
the bigamy case. Judge Luna then denied such motion. Hence, the present appeal.

Issue:
WON the nullity case is a prejudicial question with regards to the bigamy
case

Held:
No.
For prejudicial question to lie, the decision in a prior civil case is
determinative of the guilt or innocence of the accused in the criminal case. In the
present case, the nullity case is not determinative of the bigamy case. In Landicho v.
Relova, this can only be availed if the petitioner is the one who intitutes the nullity
case on ground of duress in obtaining consent.