Grounds for the quashal of complain or information
The facts charged do not constitute an offense
The court trying the case has no jurisdiction over the offense charged The court has no jurisdiction over the person accused The officer who filed the information has no authority to do so It does not conform substantially to the prescribed form Criminal action or liability has been extinguished More than one offense charged except when a single punishment for various offenses is prescribed by law
Requirements of motion to quash
1. In writing 2. Signed by the accused or his counsel 3. Shall be distinctly specify its factual and legal grounds
Nature of motion to quash
Omnibus motion Litigated motion
Motion to quash must be based on a defect in the information not lack of probable cause
Impact and Repercussions of The Nationwide Anti-Smoking Law or Executive Order No. 26 To Retailers, Vendors, and The Thomasian Community in Sampaloc Manila