Case Digest (G.R. No. 124498)
Facts:
Eddie B. Sabandal, Petitioner, vs. Hon. Felipe S. Tongco, Presiding Judge, Regional Trial Court, Manila, Branch 42, and Philippines Today, Respondents, G.R. No. 124498, February 24, 2003, Supreme Court First Division, Pardo, J., writing for the Court.On February 18, 1989, petitioner Eddie B. Sabandal entered into a dealership memorandum of agreement with Philippines Today, Inc. for distribution of the newspaper in Bacolod City and designated towns in Negros Occidental. Under the agreement Sabandal was to pay in advance an amount equivalent to one month’s deliveries within the first seven days of the succeeding month; his allowable percentage of return was set at 10% and he was entitled to a rebate of P0.15 per copy sold. Thereafter Philippines Today made regular deliveries pursuant to the agreement.
To make partial payments, between December 18, 1990 and April 15, 1991 Sabandal issued several checks totaling P90,000. When presented to drawee banks the checks were dishonored for insufficiency of funds and/or account closed. Philippines Today made oral and written demands for payment, but Sabandal did not settle the obligations.
In December 1992, on complaint-affidavit of Philippines Today, the assistant city prosecutor of Manila filed eleven informations in the Regional Trial Court, Manila (Criminal Cases Nos. 92-113446–56, presided by Judge Felipe S. Tongco) charging Sabandal with eleven counts of violating Batas Pambansa Blg. 22 (the Bouncing Checks Law).
Three years after the criminal charges were filed, on October 11, 1995, Sabandal filed a civil complaint in the Regional Trial Court, Negros Occidental at Himamaylan for specific performance, recovery of overpayment and damages against Philippines Today. On that same day he moved in the trial court in Manila to suspend the criminal proceedings on the ground that the civil action presented a prejudicial question.
On November 27, 1995 the trial court denied the motion to suspend; Sabandal filed a motion for reconsideration on December 20, 1995, which the trial c...(Subscriber-Only)
Issues:
- Is there a prejudicial question warranting suspension of the criminal proceedings for violation of Batas Pambansa Blg. 22 until the resolution of the civil action for specific performance, recovery of overpayment...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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