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    MAGESTRADO V PEOPLE

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    Theresa N/A
    The civil cases involved determining if the accused obtained a loan and mortgaged a property, while the criminal case involved determining if the accused committed perjury in an affidavit of lost title. The resolution of the civil cases would not determine the innocence or guilt in the criminal case. The criminal case for perjury can proceed independently regardless of the outcome of the civil cases. Therefore, the motion to suspend the criminal proceedings was denied.

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    MAGESTRADO V PEOPLE

    Uploaded by

    Theresa N/A
    34 views1 page
    The civil cases involved determining if the accused obtained a loan and mortgaged a property, while the criminal case involved determining if the accused committed perjury in an affidavit of lost title. The resolution of the civil cases would not determine the innocence or guilt in the criminal case. The criminal case for perjury can proceed independently regardless of the outcome of the civil cases. Therefore, the motion to suspend the criminal proceedings was denied.

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    MAGESTRADO v PEOPLE

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    The civil cases involved determining if the accused obtained a loan and mortgaged a property, while the criminal case involved determining if the accused committed perjury in an affidavit of lost title. The resolution of the civil cases would not determine the innocence or guilt in the criminal case. The criminal case for perjury can proceed independently regardless of the outcome of the civil cases. Therefore, the motion to suspend the criminal proceedings was denied.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    34 views1 page

    MAGESTRADO V PEOPLE

    Uploaded by

    Theresa N/A
    The civil cases involved determining if the accused obtained a loan and mortgaged a property, while the criminal case involved determining if the accused committed perjury in an affidavit of lost title. The resolution of the civil cases would not determine the innocence or guilt in the criminal case. The criminal case for perjury can proceed independently regardless of the outcome of the civil cases. Therefore, the motion to suspend the criminal proceedings was denied.

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    © All Rights Reserved
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    of 1

    FRANCISCO MAGESTRADO, Petitioner,

    vs.
    PEOPLE OF THE PHILIPPINES and ELENA M. LIBROJO Respondents.

    CHICO-NAZARIO, J.: G.R. No. 148072 July 10, 2007

    FACTS:
    · Private respondent Elena Librojo filed a criminal complaint of against accused Francisco
    Magistrado before the Office of the Prosecutor of Quezon City. Thereafter the prosecutor
    recommended the filing of the complaint against accused. An information was filed against the
    accused for perjury before the MTC of Quezon City.
    · The Information alleged that the accused subscribed and swore to an Affidavit of Loss before a
    notary public stating that he lost his Owner’s Duplicate Certificate oft TCT. The same affidavit
    was used to by accused to support his Petition for Issuance of New Owner’s Duplicate Copy of
    Certificate of TCT filed with the RTC of Quezon City. A verification was again signed and sworn
    into by the accused before the notary public. However, the contents of the same affidavit, already
    known to the accused, are false. It was later found out that the property subject of the TCT was
    mortgaged to respondent Librojo as collateral for a loan. As a result, respondent suffered
    damages and prejudice due to the deliberate assertion of falsehoods b the accused.
    · Subsequently, petitioner-accused Magistrado filed a motion to suspend the proceedings on the
    ground of a prejudicial question. Petitioner alleged that the two civil cases (for recovery of sum of
    money and for cancellation of mortgage) were pending before the RTC of Quezon City, and that
    they must be resolved first before the present criminal case. The RTC of Quezon City denied the
    motion. Hence this petition.

    ISSUE:
    WON the two civil cases (for Recovery of Sum of Money and for Cancellation of Mortgage)
    constitutes a prejudicial question that would warrant a suspension of the criminal case of perjury.

    HELD:
    THE SC ruled that the determination of whether the proceedings may be suspended on the basis of a
    prejudicial question rests on whether the facts and issues raised in the pleadings in the civil cases are so
    related with the issues raised in the criminal case such that the resolution of the issues in the civil cases would
    also determine the judgment in the criminal case.

    A perusal of the allegations in the complaints show that Civil Case No. Q-98-34308 pending before
    RTC-Branch 77, and Civil Case No. Q-98-34349, pending before RTC-Branch 84, are principally for the
    determination of whether a loan was obtained by petitioner from private respondent and whether petitioner
    executed a real estate mortgage involving the property covered by TCT No. N-173163. On the other hand,
    Criminal Case No. 90721 before MeTC-Branch 43, involves the determination of whether petitioner committed
    perjury in executing an affidavit of loss to support his request for issuance of a new owner’s duplicate copy of
    TCT No. N-173163.

    It is evident that the civil cases and the criminal case can proceed independently of each other. Regardless of
    the outcome of the two civil cases, it will not establish the innocence or guilt of the petitioner in the criminal
    case for perjury. The purchase by petitioner of the land or his execution of a real estate mortgage will have no
    bearing whatsoever on whether petitioner knowingly and fraudulently executed a false affidavit of loss of TCT
    No. N-173163.

    WHEREFORE, premises considered, the assailed Resolutions dated 5 March 2001 and 3 May 2001of
    the Court of Appeals in CA-G.R. SP No. 63293 are hereby AFFIRMED and the instant petition is
    DISMISSED for lack of merit. Accordingly, the Metropolitan Trial Court of Quezon City, Branch 43, is
    hereby directed to proceed with the hearing and trial on the merits of Criminal Case No. 90721, and to
    expedite proceedings therein, without prejudice to the right of the accused to due process. Costs
    against petitioner.

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