Motion to quash (Rule 117)

Nature of motion to quash

1. Accused assails validity of complaint or information as on its insufficient in point of law, or for
defects which are apparent on the face of the complaint or information.
2. There is hypothetical admission of facts alleged in information or complaint. Whether or facts
alleged therein, hypothetically admitted, would establish elements of the offense,
3. Evidence aliunde or matters extrinsic to the complaint are not to be considered. The defect n
the information must be evident on its face. If defect can be cured by amendment, if based on
ground that the facts charged do not constitute an offense, the prosecution is given opportunity
to amend. And if sustained another complaint or information may be filed except when the
information is quashed on ground extinction of criminal liability or double jeopardy. Motion to
quash on these grounds by their nature maybe based on matters outside the allegations of the
information or criminal complaint.
4. From perspective of waiver, it has characteristic of omnibus motion. Under Sec. 8 of Rule 15 of
the Rules of Court, a motion attacking a pleading, order, judgment or proceeding, shall include
all objections then available., and all objections not included shall be deemed waived
Sec. 9 of Rule 117 provides that failure to assert any ground of a motion to quash before plea to
complaint or information shall deemed waiver of any objections the failure to so assert may be
because a) accused did not file a motion to quash, or b) accused filed such a motion but did not
assert such ground in the motion.

Grounds not waived.

1. Facts charged do not constitute an offense
2. Court trying has no jurisdiction over the offense charged.
3. Criminal action or liability extinguished
4. Double jeopardy.

Time to file motion to quash

1. Any time before accused enters a plea.

Motion to Quash generally prohibited under Expedited Procedures

1. Under 2022 Rules on Expedited Procedures, a motion to quash is prohibited except on the
following grounds:
• lack of jurisdiction over the subject matter
• failure to comply with barangay conciliation proceedings as required

Form and contents of motion to quash; -

1. Must be in writing, motion signed by accused or counsel distinctly specifying the factual and
legal grounds.
Motion to quash distinguished for demurrer to evidence.
1. Motion to quash complaint or information filed before entry of plea; demurrer, after
prosecution has presented evidence.
2. The grounds differ, in demurrer it is only insufficiency of evidence of prosecution: while motion
to quash, as enumerated,
3. If motion to quash is granted, except for some grounds, complaint or information may be
refiled after removing the deficiencies. In case of demurrer, dismissal is judgment of acquittal
and refiling may lead to double jeopardy.
4. The grounds for quashal general appear on the face of the complaint itself whereas I demurrer,
coming from the outside.

Grounds for motion to quash

1. Ground for motion to quash are exclusively:
• Facts charged do not constitute an offense
• Court not jurisdiction over the offense charged
• Court no jurisdiction over person of accused
• Officer who filed the information had not authority to do so
• Does not conform substantially to prescribed form
• More than one offense charged except when a single punishment for various offenses is
prescribed by law
• Criminal action or liability has been extinguished.
• Contains averments which if true would constitute a legal excuse or justification
• Accused has been previously convicted or acquitted of offense charged or the case was
dismissed or otherwise terminated without his express consent.
2. Execution of affidavit of desistance is not ground for motion to quash. Recantations are viewed
with suspicion and reservation, as a me afterthought, usually.
3. Absence of probable cause of issuance of warrant of arrest not a ground to quash but a ground to
dismissal.
4. Quashal does not mean dismissing. When a motion to quash is sustained, court may in fact order
another complaint or information to be filed.
5. Matters of defenses are not grounds to quash
Absence of preliminary investigation not ground to quash information but of a petition for
reinvestigation. Neither is the court’s jurisdiction nor validity of the information affected by
deficiencies in the preliminary investigation.

Test in appreciating a motion to quash.

1. When the ground relied upon is that the fact alleged do not constitute an offense, the test is,
hypothetically admitting the facts alleged to be true, would that establish the elements of the
offense without considering maters aliunde.
Alternative actions of court when a motion to quash s filed:
1. Order amendment of the complaint or information
a. In case of amendment of complaint, the purpose is to cure defects in the complaint instead of
granting quashal.
2. Sustain or grant the motion to quash
a. In case of amendment of complaint, the purpose is to cure defects in the complaint instead of
granting quashal.
3. Deny the motion
a. If motion is denied, remedy is to proceed to trial. The order denying is interlocutory not subject
to appeal

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