The Form Required For A Motion To Quash Is The Following
The Form Required For A Motion To Quash Is The Following
2. As a general rule, what is the deadline for the filing of a motion to quash?
The motion to quash may be made as a general rule, at any time before the accused
enters his plea (Sec. 1, Rule 117, and Rules of Court).
3. For purposes of a motion to quash, what grounds are waivable and what are
not?
But, the following objections are not deemed waived according to Sec. 9, Rule
117, and Rules of Court.
The accused could have included his second motion to quash that the facts do
not constitute an offense during his first attempt to file a motion to quash based
on the ground that the court has no jurisdiction over his person, that if he
genuinely has a meritorious case duly substantiated. Even if it is granted by
court, the information would neither bar another prosecution nor require the
release of the accused from custody.
The denial of the first motion to quash means that the criminal information
remains pending with the court, which must proceed with the trial to determine
whether the accused is guilty of the crime charged therein.
8. When faced with a motion to quash, what are the remedies available to the
court?
When confronted with a motion to quash, the court has the following alternatives:
An order denying a motion to quash is interlocutory and therefore, not appealable, nor
can it be the subject of a petition for certiorari. The denial of the motion to quash means
that the criminal information remains pending with the court, which must proceed with
the trial to determine whether the accused is guilty of the crime charge therein.
10. What are the differences between a motion to quash and demurrer to
evidence?
The ground for a motion to quash is generally based on the matters found on the face of
the complaint or information, as when it is alleged that the facts charged do not
constitute an offense or that complaint or information does not conform to the
prescribed form. A demurrer to evidence on the other hand, would necessarily be
predicated upon matters outside of the complaint or information such as the evidence or
lack of it.
Double jeopardy happens when an accused has been convicted or acquitted, or the
case against him dismissed or otherwise terminated without his express consent by a court
of competent jurisdiction, upon a valid complaint or information or other formal charge
sufficient in form and substance to sustain a conviction and after the accused had
pleaded to the charge, the conviction or acquittal of the accused or the dismissal of the case
shall be a bar to another prosecution for the offense charged, or for any attempt to
commit the same or frustration thereof, or for any offense which necessarily includes or
is necessarily included in the offense charged in the former complaint or information.
Yes, although the rule against double jeopardy precludes another prosecution for
the offense charged, for any attempt to commit the same or frustration thereof, or for
any offense which necessarily includes or is necessarily included in the offense
charged. But, under Sec. 7 of Rule 117, the conviction of the accused shall not be a bar
to another prosecution for an offense which necessarily includes the offense charged in
the former complaint or information under any of the following instances:
a. The graver offense developed due to supervening facts arising from the same act
or omission constituting the former charge;
b. The facts constituting the graver charge became known or were discovered only
after a plea was entered in the former complaint or information; or
c. The plea of guilty to a lesser offense was made of the prosecutor and of the
offended party except as otherwise provided in Sec. 1 (f) of Rule 116.
Acquittal is always based on the merits, that is, the defendant is acquitted because the
evidence does not the defendant’s guilt is beyond a reasonable doubt; but dismissal
does not decide the case on the merits or that the defendant is not guilty. Dismissal
terminates the proceeding, either because the court is not a court of competent
jurisdiction, or the evidence does not show that the offense was committed within the
territorial jurisdiction of the court, or the complaint or information is not valid or sufficient
in form and substance.
Yes, a reading of jurisprudence discloses the rule that while judgment of acquittal
cannot be appealed by prosecution, either the offended party or the accused may
appeal the civil aspect of the judgment despite the acquittal of the accused. The
acquittal ends the work of the public prosecutor and the case is terminated as far as he
is concerned.
A case shall not be provisionally dismissed except with the express consent of the accused and
with notice to the offended party.
The provisional dismissal of offenses punishable by imprisonment not exceeding six (6) years or
a fine of any amount, or both, shall become permanent one (1) year after issuance of the order
without the case having been revived. With respect to offenses punishable by imprisonment of
more than six (6) years, their provisional dismissal shall become permanent two (2) years after
issuance of the order without the case having been revived. (Sec. 8, Rule 117, Rules of Court).
Thus, within the periods stated, the prosecution has to revive the case if it desires to prevent the
provisional dismissal becoming permanent and the revival of the case being time-barred.
On the other hand, the order granting a motion to dismiss becomes final fifteen (15)
days after receipt thereof, with prejudice to the re-filing of the same case once such
order achieves finality. A motion to dismiss, when filed, thus, puts into place the time-
bar rule on provisional dismissal. Unlike a motion to dismiss, a motion to withdraw
information is not time-barred and does not fall within the ambit of Sec. 8, Rule 117 of
the Revised Rules of Criminal Procedure.