People vs.

Dumlao - 580 SCRA 409 (2009)

(Motion to quash; Motion to dismiss)

It can be gathered from the resolution of the Sandiganbayan that it did consider the ground
invoked by Dumlao (that the facts charged do not constitute an offense); otherwise, it could have
denied respondent Dumlao’s motion to quash. From the reasoning given by the Sandiganbayan,
however, it is clear that it dismissed the case because of insufficiency of evidence.

Insufficiency of evidence is not one of the grounds of a Motion to Quash but it is a ground for
dismissal of an action only after the prosecution rests its case.

It was erroneous for the Sandiganbayan to dismiss the case against respondent for insufficiency
of evidence, without giving the prosecution the opportunity to present its evidence. The dismissal
was thus without basis and untimely.