RULE 117 MOTION TO QUASH

MEANING: It 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.

- At any time before entering plea (no trial yet)

- The rights belongs only to the accused
- It is a litigated motion ( must be heard upon notice to adverse party) -
notice of hearing must be filed before 3 days

FORMS AND CONTENTS

- must be in writing
- Signed by the accused or his counsel
- Shall distinctly specify its factual and legal grounds
N.B: The court shall consider no ground other than those stated in the
motion, EXCEPT LACK OF JURISDICTION OVER THE OFFENSE
CHARGED (Cannot be waived).

GROUNDS FOR MOTION TO QUASH

a. That the facts charged do not constitute an offense (e.g lack of

elements)
IMPLICATION: either dismiss or amend the information, an opportunity
given to the prosecution.
b. The court trying the case has no jurisdiction over the offense
charged (CANNOT BE WAIVED)
c. The court trying the case has no jurisdiction over the person of
the accused
N.B: Illegal Arrest—Motion to Quash based on this ground
Question: If an accused allows himself to be arraigned?
Answer: The illegality of the arrest is waived (accused waived his right to
question the legality of his arrest)

d. That the officer who filed the information had no authority to do

so
e.g :
a.) The prosecution who signed the information must have territorial
jurisdiction to conduct preliminary investigation of the offense;
b.) Information must be approved by prosecution
 e. That it does not conform substantially to to the prescribed form
(Section 6 Rule 110)
f. That more than one offense is charged EXCEPT when a single
punishment for various offenses is prescribed by law.
IMPLICATION: An accused must file a motion to quash based on this
ground because if he does not, he may be convicted for more than one
crime.
g. That the criminal action or liability has been extinguished
1. Criminal liability is totally extinguished (Article 89 RPC) e.g: service of
sentence, death of the convict, amnesty, pardon, marriage of the
offended party woman.
2. Prescription of the crime (Article 90 RPC) Crimes punishable DEATH,
RECLUSION PERPETUA OR RECLUSION TEMPORAL (20 years);
AFFLICTIVE PENALTY (15 years); CORRECTIONAL PENALTY (10
years); LIBEL (1 year); ORAL DEFAMATION & SLANDER BY DEED
(6 months); and LIGHT OFFENSES (2 months)
3. Prescription of Penalty (Article 92 RPC) Swerte ng nagtago

h. That it contains averments which if true would constitute a legal

excuse or justification
Article 11 & 12 (Justifying and Exempting Circumstances)

I. That the accused has been previously convicted or acquitted of the

offense charged or the case against him was dismissed or otherwise
terminated without his express consent

DOUBLE JEOPARDY: (Non bis in idem or not twice for the same)
- Res judicata in prison grey
Constitutional basis: Section 21 states that no person shall be put twice in
jeopardy of punishment for the same offense.

E.g: Ordinance & law (constitute a bar to another prosecution for the same
act)

REQUISITES FOR DOUBLE JEOPARDY:

1. At first jeopardy must have attached prior to the second;
2. The first jeopardy must have been validly terminated; and
3. The second jeopardy must be for the same offense charged in the
first information or is an attempt to commit the same or a frustration
thereof.
NB: In determination when the FIRST JEOPARDY MAY BE RAISED TO
HAVE ATTACHED, it is necessary to prove the following:
1. Court of competent jurisdiction;
2. Valid complaint or information;
3. Arraignment;
4. Valid plea;
5. The defendant has been ACQUITTED or CONVICTED or the case
was DISMISSED or otherwise terminated without the express
consent of the accused.

N.B:

CONVICTION - appeal within 15 days because if the convict starts serving

his sentence (WAIVED).
ACQUITTAL - Executory upon rendition and entitles the accused to
immediate release (cannot be appealed anymore; it is final and executory).
DISMISSAL - its consequences may vary according to the nature of the
dismissal and whether or not it was expressly consented to by the
defendant.

GENERAL RULE: Dismissal with express consent will not BAR the
prosecution for the same offense, as said consent is considered a WAIVER
of his right against double jeopardy.

EXCEPTION: When dismissal even with express consent of accused will

give rise to double jeopardy (Dismissal amount to acquittal)
a. If the same is based an insufficiency of evidence of the prosecutor;
b. Or made on the basis of the demurrer of evidence;
c. If there is a violation of the accused to a speedy trial

RULE 117 - MOTION TO QUASH

Section 1. Time to move to quash. – At any time before entering his plea,
the accused may move to quash the complaint or information.

WHEN CAN THE ACCUSED FILE A MOTION TO QUASH?

> At any time before entering the plea, the accused may move to
quash the complaint or information

AN INFORMATION WAS FILED AGAINST X. X FILED A MOTION TO

QUASH AS THE FACTS IN THE INFORMATION DIDN’T CONSTITUTE
AN OFFENSE. THIS WAS FILED TOGETHER WITH AN APPLICATION
FOR BAIL. IS THIS VALID?
> Yes. There is no inconsistency that exists between an application of
an accused for bail and his filing of a motion to quash.

Sec. 2. Form and contents. – The motion to quash shall be in

writing, signed by the accused or his counsel and shall distinctly
specify its factual and legal grounds. The court shall consider no
ground other than those stated in the motion, except lack of
jurisdiction over the offense charged.

WHAT IS THE FORM REQUIRED FOR A MOTION TO QUASH?

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

Sec. 3. Grounds. – The accused may move to quash the complaint or

information on any of the following grounds:

(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 court trying the case has no jurisdiction over the person
of the accused;

(d) That the officer who filed the information had no authority to
do so;
(e) That it does not conform substantially to the prescribed form;

(f) That more than one offense is charged except when a single
punishment for various offenses is prescribed by law;

(g) That the criminal action or liability has been extinguished;

(h) That it contains averments which, if true, would constitute a legal

excuse or justification; and

(i) That the accused has been previously convicted or acquitted of the
offense charged, or the case against him was dismissed or otherwise
terminated without his express consent.

WHAT ARE THE GROUNDS THAT THE ACCUSED MAY INVOKE

TO QUASH A COMPLAINT OR INFORMATION?
1. That the facts charged don’t constitute an offense
2. That the court trying the case doesn’t have jurisdiction over the
offense
3. That the court trying the case doesn’t have jurisdiction over the
accused
4. That the officer who filed the information didn’t have authority to do so
5. That it doesn’t conform substantially to the form subscribed
6. That more than one offense is charged except when a single
punishment for various offenses is prescribed by law
7. That criminal liability or action has been extinguished
8. That it contains averments which, if true, would constitute a legal
excuse or justification
9. 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

CAN THE COURT DISMISS THE CASE BASED ON GROUNDS THAT

ARE NOT ALLEGED IN THE MOTION TO QUASH?
> The general rule is no, the court cannot consider any ground other
than those stated in the motion to quash.
> The exception is the lack of jurisdiction over the offense charged. If
this is the ground for dismissing the case, it need not be alleged in the
motion to quash since it goes into the very competence of the court to pass
upon the case.
X FILED A MOTION TO QUASH AN INFORMATION ON THE GROUND
THAT HE WAS IN THE US WHEN THE CRIME CHARGED WAS
COMMITTED. SHOULD THE MOTION BE GRANTED?
> The motion should be denied
> The accused is already making a defense
> Matters of defense are generally not a ground for a motion to
quash they should be presented at the trial

WHAT IS MEANT BY THE STATEMENT THAT A MOTION TO

QUASH HYPOTHETICALLY ADMITS ALLEGATIONS OF FACT
IN THE INFORMATION?
> It means that the accused argues that assuming that the facts
charged are true, the information should still be dismissed based on the
ground invoked by the defendant.
> Therefore, since the defendant assumes that the facts in the
information are true, only these facts should be taken into account and the
court resolves the motion to quash. Other facts, such as matters of
defenses, which are not in the information should not be considered
> The exceptions to the rule are when the grounds invoked to quash the
information are extinction of criminal liability, prescription, and former
jeopardy. In these cases, additional facts are allowed.

CAN THE ACCUSED MOVE TO QUASH ON THE GROUND THAT HE IS

DENIED DUE PROCESS?
> No, denial of due process is not one of the grounds for a motion to
quash

WHAT IS THE TEST TO DETERMINE THE VALIDITY OF A MOTION TO

QUASH ON THE GROUND THAT THE FACTS AVERRED IN THE
INFORMATION DON’T AMOUNT TO AN OFFENSE?
> The test is whether the facts alleged would establish the essential
elements of the crime as defined by law, and in this examination, matters
aliunde are not considered

X FILED A MOTION TO QUASH ON THE FOLLOWING GROUNDS:

THAT THE COURT LACKED JURISDICTION OVER THE PERSON
OF THE ACCUSED AND THAT THE COMPLAINT CHARGED MORE
THAN ONE OFFENSE. CAN THE COURT GRANT THE MOTION
ON THE GROUND OF LACK OF JURISDICTION?
> In the past, the answer would have been no since the SC ruled in
several cases then that the motion to quash on the ground of lack of
jurisdiction over the person of the accused must be based only
on this ground. If other grounds are included, there is waiver, and
the accused is deemed to have submitted himself to the jurisdiction of
the court.
> The new rule, based on the decisions of the SC on Section 20 of Rule
14 of the 1997 Rules of Civil Procedure, the inclusion of other grounds
aside from lack of jurisdiction over the person of the
defendant in a motion to dismiss shall not be considered as a
voluntary appearance.

WHAT IS THE EFFECT OF AN INFORMATION THAT WAS SIGNED BY

AN UNAUTHORIZED PERSON?
> A valid information must be signed by a competent officer, which,
among other requisites, confers jurisdiction over the person of the accused
and the subject matter of the accusation
> Thus, an infirmity in the information such as the lack of authority of the
officer signing it cannot be cured by silence, acquiescence, express
consent, or even amendment.

It is an invalid information and cannot be the basis of criminal

proceedings.
> A motion to quash would prosper

WHAT HAPPENS IF THE DEFENDANT ENTERS HIS PLEA

BEFORE FILING A MOTION TO QUASH?
> By entering his plea before filing the motion to quash, the
defendant waives the formal objectives to the complaint or information
> But if the ground for the motion is any of the following below,
there is no waiver. The following grounds may be raised at any stage of
the proceeding:
1. Failure to charge an offense
2. Lack of jurisdiction over the offense
3. Extinction of criminal liability
4. Double jeopardy
> Note: if it is a formal objection, it is deemed waived upon plea
RULE 117 - MOTION TO QUASH
Section 1. Time to move to quash. – At any time before entering his plea,
the accused may move to quash the complaint or information.

Sec. 2. Form and contents. – The motion to quash shall be in writing,

signed by the accused or his counsel and shall distinctly specify its factual
and legal grounds. The court shall consider no ground other than those
stated in the motion, except lack of jurisdiction over the offense charged.

Sec. 3. Grounds. – The accused may move to quash the complaint or

information on any of the following grounds:

(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 court trying the case has no jurisdiction over the person of the
accused;

(d) That the officer who filed the information had no authority to do so;

(e) That it does not conform substantially to the prescribed form;

(f) That more than one offense is charged except when a single
punishment for various offenses is prescribed by law;

(g) That the criminal action or liability has been extinguished;

(h) That it contains averments which, if true, would constitute a legal

excuse or justification; and

(i) That the accused has been previously convicted or acquitted of the
offense charged, or the case against him was dismissed or otherwise
terminated without his express consent.
Sec. 4. Amendment of complaint or information. – If the motion to quash is
based on an alleged defect of the complaint or information which can be
cured by amendment, the court shall order that an amendment be made.

If it is based on the ground that the facts charged do not constitute an

offense, the prosecution shall be given by the court an opportunity to
correct the defect by amendment. The motion shall be granted if the
prosecution fails to make the amendment, or the complaint or information
still suffers from the same defect despite the amendment.

Sec. 5. Effect of sustaining the motion to quash. – If the motion to quash is

sustained, the court may order that another complaint or information be
filed except as provided in section 6 of this rule. If the order is made, the
accused, if in custody, shall not be discharged unless admitted to bail. If no
order is made or if having been made, no new information is filed within the
time specified in the order or within such further time as the court may allow
for good cause, the accused, if in custody, shall be discharged unless he is
also in custody of another charge.

Sec. 6. Order sustaining the motion to quash not a bar to another

prosecution; exception. – An order sustaining the motion to quash is not a
bar to another prosecution for the same offense unless the motion was
based on the grounds specified in section 3 (g) and (i) of this Rule.

Sec. 7. Former conviction or acquittal; double jeopardy. – 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.

However, 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 the lesser offense was made without the consent of
the prosecutor and of the offended party except as provided in section 1(f)
of Rule 116.

In any of the foregoing cases, where the accused satisfies or serves in

whole or in part the judgment, he shall be credited with the same in the
event of conviction for the graver offense.

Sec. 8. Provisional dismissal. – 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. 9. Failure to move to quash or to allege any ground therefore. – The

failure of the accused to assert any ground of a motion to quash before he
pleads to the complaint or information, either because he did not file a
motion to quash or failed to allege the same in said motion, shall be
deemed a waiver of any objections except those based on the grounds
provided for in paragraphs (a), (b), (g), and (i) of section 3 of this Rule.