MOTION TO QUASH Q&A (legal research)

quash. The defendant should instead go to trial and

#1Q: When may a motion to quash an information or

raise the special defense he had invoked in his

complaint be filed?

motion.

A: At any time before entering his plea, the accused

#5Q: What is the effect of failure to move to quash

may move to quash the information or complaint

or failure to allege a ground?

(Sec. 1, Rule 117).

A:

Note: The court is not authorized to motuproprio

GR: It shall be deemed a waiver of any

initiate a motion to quash by issuing an order requiring

objections.

an explanation why the information should not be

XPN: Grounds based on:

quashed. The court has discretion to dismiss the case if

1. the facts charged do not constitute an

the info is not sufficient or on any ground provided by

offense;

law, or to dismiss the info for a different one.

2. the court trying the case has no

#2Q: What are the grounds for a motion to quash the

jurisdiction over the offense charged;

complaint or information?

3. criminal liability has been extinguished;

A:

and

1. That the facts charged do not constitute

4. that the accused has been previously

an offense;

convicted or acquitted of the offense

2. That the court trying the case has no

charged, or the case against him was

jurisdiction over the offense charged;

dismissed or otherwise terminated

3. That the court has no jurisdiction over the

without his express consent (Sec. 9). MOTION TO QUASH Q&A (legal

person of the accused;

research)

4. That the officer who filed the information

#1Q: When may a motion to quash an information or

had no authority to do so;

complaint be filed?

5. That the information does not conform

A: At any time before entering his plea, the accused

substantially to the prescribed form;

may move to quash the information or complaint

6. That more than one offense is charged

(Sec. 1, Rule 117).

except when a single punishment for

Note: The court is not authorized to motuproprio

various offense is prescribed by law;

initiate a motion to quash by issuing an order requiring

7. That the criminal action or liability has

an explanation why the information should not be

been extinguished;

quashed. The court has discretion to dismiss the case if

8. That it contains various averments which

the info is not sufficient or on any ground provided by

if true would constitute legal excuse or

law, or to dismiss the info for a different one.

justification;

#2Q: What are the grounds for a motion to quash the

Note: Only exempting circumstances

complaint or information?

constitute a legal excuse or justification.

A:

Justifying circumstances such as self-defense

1. That the facts charged do not constitute

must be proven.

an offense;

9. That the accused has been previously

2. That the court trying the case has no

convicted or acquitted of the offense

jurisdiction over the offense charged;

charged, or the case against him was

3. That the court has no jurisdiction over the

dismissed or otherwise terminated

person of the accused;

without his express consent (double

4. That the officer who filed the information

jeopardy) (Sec. 3, Rule 117).

had no authority to do so;

Note: Matters of defense are generally not a ground

5. That the information does not conform

for a motion to quash. They should be presented at

substantially to the prescribed form;

the trial

6. That more than one offense is charged

#3Q: What are the effects of granting a motion to

except when a single punishment for

quash?

various offense is prescribed by law;

A:

7. That the criminal action or liability has

1. If an order sustaining the motion to quash

been extinguished;

is made:

8. That it contains various averments which

a. The court may order that another

if true would constitute legal excuse or

complaint or information be filed

justification;

except on the ground of double

Note: Only exempting circumstances

jeopardy and extinguishment of

constitute a legal excuse or justification.

criminal liability; and

Justifying circumstances such as self-defense

b. If the accused is in custody he shall

must be proven.

not be discharged unless admitted to

9. That the accused has been previously

bail;

convicted or acquitted of the offense

2. If no order is made or if having made, no

charged, or the case against him was

information is filed within the time

dismissed or otherwise terminated

specified in the order or within such time

without his express consent (double

as the court may allow for good cause,

jeopardy) (Sec. 3, Rule 117).

the accused if in custody shall be

Note: Matters of defense are generally not a ground

discharged unless he is in custody for

for a motion to quash. They should be presented at

another charge (Sec. 5, Rule 117).

the trial

#4Q: Is the order denying the motion to quash

#3Q: What are the effects of granting a motion to

appealable?

quash?

A: No. It is interlocutory and not appealable.

A:

Certiorari and prohibition are not the correct

1. If an order sustaining the motion to quash

remedies against an order denying a motion to

is made:

a. The court may order that another

except when a single punishment for

complaint or information be filed

various offense is prescribed by law;

except on the ground of double

7. That the criminal action or liability has

jeopardy and extinguishment of

been extinguished;

criminal liability; and

8. That it contains various averments which

b. If the accused is in custody he shall

if true would constitute legal excuse or

not be discharged unless admitted to

justification;

bail;

Note: Only exempting circumstances

2. If no order is made or if having made, no

constitute a legal excuse or justification.

information is filed within the time

Justifying circumstances such as self-defense

specified in the order or within such time

must be proven.

as the court may allow for good cause,

9. That the accused has been previously

the accused if in custody shall be

convicted or acquitted of the offense

discharged unless he is in custody for

charged, or the case against him was

another charge (Sec. 5, Rule 117).

dismissed or otherwise terminated

#4Q: Is the order denying the motion to quash

without his express consent (double

appealable?

jeopardy) (Sec. 3, Rule 117).

A: No. It is interlocutory and not appealable.

Note: Matters of defense are generally not a ground

Certiorari and prohibition are not the correct

for a motion to quash. They should be presented at

remedies against an order denying a motion to

the trial

quash. The defendant should instead go to trial and

#3Q: What are the effects of granting a motion to

raise the special defense he had invoked in his

quash?

motion.

A:

#5Q: What is the effect of failure to move to quash

1. If an order sustaining the motion to quash

or failure to allege a ground?

is made:

A:

a. The court may order that another

GR: It shall be deemed a waiver of any

complaint or information be filed

objections.

except on the ground of double

XPN: Grounds based on:

jeopardy and extinguishment of

1. the facts charged do not constitute an

criminal liability; and

offense;

b. If the accused is in custody he shall

2. the court trying the case has no

not be discharged unless admitted to

jurisdiction over the offense charged;

bail;

3. criminal liability has been extinguished;

2. If no order is made or if having made, no

and

information is filed within the time

4. that the accused has been previously

specified in the order or within such time

convicted or acquitted of the offense

as the court may allow for good cause,

charged, or the case against him was

the accused if in custody shall be

dismissed or otherwise terminated

discharged unless he is in custody for

without his express consent (Sec. 9). MOTION TO QUASH Q&A (legal

another charge (Sec. 5, Rule 117).

research)

#4Q: Is the order denying the motion to quash

#1Q: When may a motion to quash an information or

appealable?

complaint be filed?

A: No. It is interlocutory and not appealable.

A: At any time before entering his plea, the accused

Certiorari and prohibition are not the correct

may move to quash the information or complaint

remedies against an order denying a motion to

(Sec. 1, Rule 117).

quash. The defendant should instead go to trial and

Note: The court is not authorized to motuproprio

raise the special defense he had invoked in his

initiate a motion to quash by issuing an order requiring

motion.

an explanation why the information should not be

#5Q: What is the effect of failure to move to quash

quashed. The court has discretion to dismiss the case if

or failure to allege a ground?

the info is not sufficient or on any ground provided by

A:

law, or to dismiss the info for a different one.

GR: It shall be deemed a waiver of any

#2Q: What are the grounds for a motion to quash the

objections.

complaint or information?

XPN: Grounds based on:

A:

1. the facts charged do not constitute an

1. That the facts charged do not constitute

offense;

an offense;

2. the court trying the case has no

2. That the court trying the case has no

jurisdiction over the offense charged;

jurisdiction over the offense charged;

3. criminal liability has been extinguished;

3. That the court has no jurisdiction over the

and

person of the accused;

4. that the accused has been previously

4. That the officer who filed the information

convicted or acquitted of the offense

had no authority to do so;

charged, or the case against him was

5. That the information does not conform

dismissed or otherwise terminated

substantially to the prescribed form;

without his express consent (Sec. 9).

6. That more than one offense is charged