PRECY SAVINA S TALINGTING

CRIMINAL PROCEDURE
04-03-23

1. The distinctions between Motion to Dismiss and Motion to Quash are the following:
a. As to who may file, for motion to quash it is filed by the accused, for the motion to dismiss,
it can be filed by the prosecution or the accused.
b. As to the grounds, for motion to quash, it may be filed if there is a defect in the complaint or
information, for the motion to dismiss it can be filed for gorunds other than the defect in
the complaint or information.
c. As to when it should be filed, motion to quash is filed before the arraignment, while motion
to dismiss is filed even at any point in the trial trial except upon after the promulgation of
judgment.

2. The presence of the accused is required during arraignment for the following reasons:
a. It is the right of the accused to be informed of the charges against him and it is during this
arraignment that the complaint or information will be read.
b. Before arraignment or the judicial proceeding can begin, the court should have the
jurisdiction over the person of the accused otherwise, court proceedings will not
commence.
c. The accused has the right to be heard, and it is during arraignment that he will be able to
plead guilty or not guilty to the charges against him.

3. The rights involved during preliminary investigation and during trial are:
a. In both preliminary investigation and during trial the accused have the right to be presumed
guilty until proven otherwise.
b. But during preliminary investigation the accused has the right to be present and he is absent
preliminary investigation will not proceed, while during trial the absence of the accused
without justifiable reason shall be deemed as his waiver of right to be present during his
trial in which case trial in absentia shall proceed.
c. Again in both preliminary investigation and during trial, the accused has the right to counsel.

4. Before promulgation of judgement, if the court staff forgot to record the plea entered by the
accused then he violated the right of the accused to have due process. The accused has the right to due
process and during arraignment, he must be informed of the charges against him through the reading of
the complaint and information after which he must enter his plea of either guilty or not guilty. The
failure of the court staff to record his plea, will mean the failure to enforce the right of the accused to
due process.

5. The suspended arraignment can be remedied through filing a motion to dismiss the case. In cases
wherein the arraignment is suspended, when it is on review by the Department of Justice for not more
than 60-days, the accused, through his counsel may file a motion to dismiss the case. Otherwise, after
the expiration of the 60-days, the arraignment may now continue.