Title
Pimentel vs. Pimentel
Case
G.R. No. 172060
Decision Date
Sep 13, 2010
A criminal case for frustrated parricide proceeds despite a pending civil annulment, as the latter does not constitute a prejudicial question affecting criminal liability.

Case Digest (G.R. No. 172060)
Expanded Legal Reasoning Model

Facts:

  • Criminal Case No. Q-04-130415 (Frustrated Parricide)
    • On 30 August 2004, an Information for frustrated parricide was filed against Joselito R. Pimentel.
    • The Information was docketed with the Regional Trial Court (RTC) of Quezon City, Branch 223, on 25 October 2004.
    • Pre-trial and trial were set on 14 February 2005.
  • Civil Case No. 04-7392 (Annulment of Marriage)
    • Petition for annulment of marriage under Section 36, Family Code, filed by Maria Chrysantine L. Pimentel on 4 November 2004 and officially lodged on 5 November 2004.
    • Ground: psychological incapacity to comply with essential marital obligations.
    • Summons served on petitioner on 7 February 2005; pre-trial likewise set for 14 February 2005.
  • Procedural History
    • On 11 February 2005, petitioner moved to suspend the criminal proceedings before RTC Quezon City, invoking a prejudicial question.
    • RTC Quezon City denied the motion by Order dated 13 May 2005 and likewise denied reconsideration on 22 August 2005.
    • Petitioner filed a petition for certiorari with application for injunctive relief before the Court of Appeals (CA-G.R. SP No. 91867).
    • The Court of Appeals dismissed the petition on 20 March 2006.
    • A petition for review under Rule 45 was thereafter filed with the Supreme Court.

Issues:

  • Whether resolution of the annulment of marriage case constitutes a prejudicial question warranting suspension of the criminal proceedings for frustrated parricide.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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