CRIMINAL PROCEDURE CLASS WORK NO.

RIZEL JAN ICAO TURNO JD-II

1. What is a motion to quash? Is it any different from a motion to dismiss?

Motion to quash is the mode by which an accused assails the validity of a

criminal complaint or information filed against him for insufficiency on its face in
point of law, or for defects which are apparent in the face of the information.
Dismissal by virtue of motion to dismiss does not decide the case on the merits
or guilt of the defendant, dismissal is permitted either the court is not a court of
competent jurisdiction, or the evidence does not the offense was committed
within the territorial jurisdiction of the court.

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?

A motion to quash, from the perspective of a waiver, has the

characteristics of an omnibus motion. Under Sec. 8 of Rule 15 of the Rules of
Court, “a motion attacking a pleading, order, judgment, or proceeding shall
include all objections then available, and all objections not so included shall be
deemed waived.” The failure to object to the defects of the information before
entering a plea amounts to waiver of such defects since objections as to matters
of form and substance cannot be made for the first time on appeal.

But, the following objections are not deemed waived according to Sec. 9, Rule
117, and Rules of Court.

a. That the facts charged do not constitute an offense.

b. That the court trying the case has no jurisdiction over the offense charged.
c. That the criminal action or liability has been extinguished.
d. Double jeopardy.

4. Can a motion to quash be made orally?

No, a motion to quash cannot be orally made.

The form required for a motion to quash is the following:

1.    It must be in writing
2.    It must be signed by the accused or his counsel
3.    It must specify its factual and legal grounds

5. Before his arraignment, accused filed a motion to quash grounded on lack of

jurisdiction over his person. When the motion was denied, he filed another
motion to quash citing that the facts charged in the Information do not
constitute an offense. As the judge, how would you treat the second motion?

The second motion is without a valid merit.

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.

6. What are the grounds for the filing of a motion to quash?

a. That the facts charged don’t constitute an offense

b. That  the  court  trying  the  case  doesn’t  have  jurisdiction  over  the offense;
c. That  the  court  trying  the  case  doesn’t  have  jurisdiction  over  the accused;
d. That the officer who filed the information didn’t have authority to do so;
e. That it doesn’t conform substantially to the form subscribed;
f.  That  more  than  one  offense  is  charged  except  when  a  single punishment for
various offenses is prescribed by law;
g.  That criminal liability or action has been extinguished;
h.  That it contains averments which, if true, would constitute a legal excuse or justification;

i.  That the accused has been previously convicted or acquitted of the offense charged, or

the case against him has been dismissed or otherwise terminated without the consent of
the accused (Sec. 3, Rule 117, Rules of Court).
7. Citing that he is absolutely innocent of the crime charged, A files a motion to
quash the Information. In the same motion, he also pointed out that the case was
filed without preliminary investigation, a fact, which, to him, is another ground for
the quashal of the Information. Is he correct?

A, is mistaken in his contention that absence of preliminary investigation is

another ground for the quashal of the information.

Jurisprudence provides that absence or inability to participate in the preliminary

investigation is not a proper ground for a motion to quash but for petition for
reinvestigation.

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:

a. Order the amendment of the information;

b. Sustain the motion to quash;
c. Deny the motion to quash.

9. Can an order denying a motion to quash be appealed?

No, a denied motion to quash is not appealable.

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?

Firstly, a motion to quash a complaint or information is filed before the accused

enters his plea, while a demurrer to evidence in a criminal case is filed after the
prosecution rests its case. The rules does not require prior leave of court for the filing of
a motion to quash, hence, a demurrer to evidence may be filed by the accused either
with leave or without leave of court. Understandably, the grounds for the motion to
quash are not grounds for a demurrer to evidence, the ground for demurrer to evidence
is insufficiency of 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.

11. What is double jeopardy?

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.

12. Does the dismissal of a case give rise to a prior jeopardy?

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.

13. Is a dismissal equivalent to an acquittal?

No, the dismissal of a case is different from an acquittal of the accused.

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.

14. Can an erroneous acquittal be reviewed?

As a general rule, a judgment of acquittal is immediately final and executor. The

prosecution cannot appeal the acquittal lest the constitutional prohibition against double
jeopardy is violated. Despite the above rule, the acquittal may be reviewed where (a)
there has been a deprivation of due process and when there is a finding of mistrial, or
(b) there has been grave abuse of discretion under exceptional circumstances.

15. Can the civil aspect of a criminal case be appealed?

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.

16. Explain the time-bar rule.

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.

17. Is the withdrawal of Information different from a motion to dismiss?

It is stated that a motion filed by a prosecutor to withdraw information differs from a

motion to dismiss. While both put an end to an action filed in court, their legal effects
varies. The order granting the withdrawal of the information attains finality after fifteen
(15) days from receipt thereof, without prejudice to the re-filing of the information upon
reinvestigation.

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.