RULE 117 – MOTION TO QUASH

I. Time to move to quash, Sec. 1

Rule: Motion must be filed before arraignment
Exceptions:
(a) No jurisdiction over the offense charged;
(b) Information does not charge an offense;
(c) Offense or penalty has been extinguished;
(d) Double jeopardy

II. Effect of Failure to move to quash or to allege any ground therefor, Sec. 9
Shall be deemed a waiver of any objections except if it is based on the
grounds provided for in paragraphs (a), (b), (g), and (i) of Section 3 of Rule
117

III. Form and contents, Sec. 2

 Litigable motion (will prejudice the rights of the adverse party);
 Hearing not required, Secs. 4, 5, 6, Rule 15, 2019 Amended Rules on
Civil Procedure

IV. Grounds, Sec. 3

A. Facts charged do not constitute an offense

Mendoza-Ong v. Sandiganbayan, 414 SCRA 181:

Matters aliunde are not considered

Curable by amendment of information (Sec. 4)
Test is sufficiency of averments in the information (whether
the facts alleged, if hypothetically admitted, constitute the
elements of the offense)
Not waived, even if not raised in motion, Sec. 9

B. Court has no jurisdiction over the offense

Lack of jurisdiction can be raised at any time, even for the first time
on appeal; not waived even if not raised in motion, Sec. 9

C. Court had no jurisdiction over the person of the accused

Must be the sole ground raised (and no other), and only for that
purpose

NOTE: Raising other grounds for motion to quash, or takes

part in proceedings (e.g., counsel cross-examines the
witness), accused is deemed to have submitted his person to
the jurisdiction of the Court

D. Officer who filed information had no authority

 This ground may be raised if the information was without approval
of the head of the prosecuting office

NOTE: In private crimes, where sworn complaint was signed

by the chief of police instead of offended party, the proper
ground for quashal is lack of jurisdiction, not this section

E. Information does not conform substantially to prescribed form

Defects of form are waived if not objected to in a motion to quash;

but curable by amendment

F. More than one offense is charged (Duplicitous information),

Cf., Sec. 13, Rule 110 (Duplicity of offense), prohibition

Purpose: to protect accused from confusion and difficulty in making

his defense

Exception: When a single punishment for various offenses is

prescribed by law:

(a) Complex crimes, Art. 48, RPC

(b) Special complex crimes or composite crimes,
1. Art. 294 (Robbery w/ Homicide, or w/ Rape)
2. Art. 297(Attempted and Frustrated Robbery w/
Homicide)
3. Art. 335 (Rape w/ Homicide)

(c) Those in special laws where a single punishment is imposed

for various offenses

Also, no duplicitous information where:

(a) allegations of the acts imputed to the accused are only to

show the modes of commission of the crime
People v. Buenviaje, 47 Phil. 536 – Viol. of Medical
Act

(b) allegations are merely different counts specifying the acts of

perpetration of the same crime
US v. Sotto, 36 Phil. 389 – Different publication
constituting libel may be joined together

(c) the other offense stated in the information only an ingredient

or essential element of the real offense charged
People v. Camerino, 108 Phil. 79 - sedition; specifying
the separate and different criminal acts attributed to the
defendants,

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 NOTE: May be waived, if not raised in motion to quash

G. Extinguishment of criminal action or liability

Art. 89, RPC How criminal liability is totally extinguished
1. By the death of the convict, as to the personal penalties and
as to pecuniary penalties, liability therefor is extinguished
only when the death of the offender occurs before final
judgment.
2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty
and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided in
Article 344 of this Code.

NOTE: Not waived, even if not raised in motion, Sec. 9

H. Information contains averments which, if true, would constitute legal

excuse or justification

Legal excuses or justifications are: [1] justifying circumstances (Art.

11, RPC); [2] exempting circumstances (Art. 14, RPC); absolutory
causes (Arts. 6(3), 16, 20, 247, and 332, RPC).

Also, privileged communication in Libel

I. Double jeopardy

A: Basis:
1. Sec. 21, Art. III, 1987 Constitution: Doctrine on Double
Jeopardy
2. Sec. 7. Rule 117: Former conviction or acquittal; double
jeopardy

G.R.: A judgment of acquittal is immediately final and unappealable

on the ground of double jeopardy

Exception: where a mock/sham trial deprived the prosecution of due

process, resulting in a mistrial, there is no double
jeopardy (See Galman v. Sandiganbayan, 144 SCRA 43
People v. Hon. Velasco, 340 SCRA 207

B: Elements:
(a) valid complaint or information;
(b) filed before competent court;
(c) to which the accused had pleaded; and

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 (d) of which he had been previously acquitted or convicted or
which was dismissed or otherwise terminated without his
express consent

NOTE: No double jeopardy where dismissal is made on motion of

the accused Exceptions: (a) Demurrer to evidence (People v. City of
Silay); and (b) Dismissal on ground of denial of right to speedy trial
People v. Cloribel

NOTE: Not waived, even if not raised in motion, Sec. 9

V. Effect of sustaining the motion to quash, Sec. 5

A. GR: Order sustaining the motion to quash not a bar to another
prosecution;

Exception, Sec. 6

(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.

B. Sustained grounds which will bar another prosecution:

(a) Extinguishment of criminal action or liability
(b) Double jeopardy

VI. Provisional dismissal, Sec. 8

A. Requirements:
(a) Express consent of accused;
(b) Notice to the offended party

B. Becomes permanent dismissal, if not revived:

(a) 1 year after issuance of order, where offense is punishable by 6
years or less or fine;
(b) 2 years after issuance of order, where offense is punishable by
more than 6 years

C. Time-bar under this rule does not reduce periods under Art. 90 of the
RPC; The State may revive a criminal case beyond the 1-year and 2-
year periods, provided there is justifiable necessity for the delay People
v. Lacson, 400 SCRA 267