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Consing, Jr. vs. People

RAFAEL JOSE-CONSING, JR., Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent.

G.R. No. 161075 | 2013-07-15

Republic of the Philippines
SUPREME COURT
Manila
 
FIRST DIVISION
 
 
D E C I S I O N
 
BERSAMIN, J.:
 
An independent civil action based on fraud initiated by the defrauded party does not raise a prejudicial question to stop the proceedings in a pending criminal prosecution of the defendant for estafa through falsification. This is because the result of the independent civil action is irrelevant to the issue of guilt or innocence of the accused.
 
The Case
 
On appeal is the amended decision promulgated on August 18, 2003,1 whereby the Court of Appeals (CA) granted the writ of certiorari upon petition by the...