FIRST PRODUCERS HOLDINGS VS. CO
G.R. NO. 139655 ( 2000)
Facts: X filed a criminal complaint for estafa and perjury against A. It appears that A refused to return certificates of shares owned by X and even executed false affidavits of loss despite the fact that said certificates are existing and remains in his possession. During the pendency of the case, A filed an action for damages against X and claimed ownership over the questioned certificates. A filed a motion for suspension of the criminal case on the ground of a prejudicial question but was denied by the trial court.
Issue: Whether the motion for suspension of the criminal case should be granted.
Held: No. The peculiar circumstances of this case clearly show that it was merely a ploy to delay the resolution of the criminal case. The criminal action for estafa has been lodged with the Prosecutor on March 13. Yet, A filed the civil case only 8 months later. The dilatory character of the strategy of respondent is apparent from the fact that he could have raised the issue of ownership in the estafa case. Significantly, the civil action for recovery of civil liability is impliedly instituted with the filing of the criminal action. Hence, A may invoke all defenses pertaining to his civil liability in the criminal action. In fact, there is no law or rule prohibiting him from airing exhaustively the question of ownership.
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