☰

BATASnatin LIVE! Free legal advice every Wednesday and Friday at 6pm.

MOTION TO
QUASH
Category: Criminal Procedure

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: FNNONMCCA

(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

 Prev Next 

SEARCH AND SEIZURE

Sustaining and Denial of the Motion to Quash
WHY IS PRESCRIPTION A GROUND FOR A MOTION TO
QUASH?
FILE A MOTION TO QUASH BASED ON INSUFFICIENCY OF
EVIDENCE?

MORE ABOUT THIS TOPIC:

SEARCH AND SEIZURE

Sustaining and Denial of the Motion to
Quash
WHY IS PRESCRIPTION A GROUND FOR A
MOTION TO QUASH?
FILE A MOTION TO QUASH BASED ON
INSUFFICIENCY OF EVIDENCE?

The Next LIVE Free Legal Advice Episode

WE ARE LIVE MON, WED, FRI

at 6:00 pm
Facebook Event | YouTube Channel

Season One

Episode 1: August 31, 2018

Facebook Video | YouTube Video

Episode 2: September 7, 2018

Facebook Video | YouTube Video

Episode 3: September 13, 2018

Facebook Video | YouTube Video

Episode 4: September 21, 2018

Facebook Video | YouTube Video

Episode 5: September 28, 2018

Facebook Video | YouTube Video

Episode 6: October 5, 2018

Facebook Video | YouTube Video

BATASnatin Legal Services

"Excellence is our Standard"

Mobile Globe: +63 (915

915) 954
954-6080
6080
Mobile Smart: +63 (949
949) 589
589-8377
8377
Landline: (632) 359
359-4203
4203

Email: batasnatin@gmail.com

2nd Floor LC Building,

31 Gen. Luna St., Tuktukan
1632 Taguig City, Philippines

Civil Law

Collection of Debts
Unlawful Detainer
Forcible Entry
Recovery of Real or Personal Property, Damages, etc...

Labor Standards and Relations Law

Illegal Termination
Constructive Dismissal
Non-payment / Underpayment of Salaries and Benefits
Others...

Criminal Law

All crimes as defense lawyer or private prosecutor.

Corporation Law

Creation of Corporate Bodies

Litigation of Corporate Courts
Others

Environmental Law

Writ of Kalikasan
Protection of the Environment and Natural Resources

Land Titles and Deeds

Election Law

Alternative Dispute Resolution

Socials

Terms and Conditions Privacy Policy

© 2019 BATASnatin - Filipino's Comprehensive Back to Top

Online Law Resource and Community