MOTION TO QUASH: the mode by which the accused assails the validity of a criminal complaint or

information filed against him based on the grounds enumerated under Rule 117

When made?
Before the accused enters his plea
Except:
1. The information charges no offense;
2. The trial court has no jurisdiction
3. Penalty or the offense has been extinguished
4. Double jeopardy has attached

Formal Requirements:
1. It belongs to the accused
2. In writing
3. Signed by the accused or his counsel
4. Shall specify distinctly the factual and legal grounds
5. Court shall consider no grounds other than those stated therein, except lack of jurisdiction over
the offense charged

GROUNDS:
1. The facts charged do not constitute an offense
2. The court has no jurisdiction over the offense charged
3. The court has no jurisdiction over the person of the accused
4. The officer who filed the information had no authority to do so
5. It does not conform substantially to the prescribed form
6. More than one offense is charged except when a single punishment for various offenses is
prescribed by law
7. The criminal action or liability has been extinguished
8. It contains averments which, if true, would constitute a legal excuse or justification
9. Double jeopardy

I. FACTS CHARGED DO NOT CONSTITUTE AN OFFENSE

If hypothetically admitted will establish the essential elements of the offense as define in the law.
Effect: the information will not be dismissed immediately because the prosecution will be given a
time to cure the defect
Only when the defect is not cured will the information be dismissed. However, this is not a bar for
the prosecution to file another prosecution for the same offense

II. LACK OF JURISDICTION OVER THE OFFENSE CHARED

It may be raised by the accused or settled by the court motu proprio
1. Lack of law conferring upon the court the power to hear the case
2. The crime was committed in the place where the court is exercising jurisdiction
Effect: The prosecution may file the information in the court that has jurisdiction
III. LACK OF JURISDICTION OVER THE PERSON OF THE ACCUSED
It is based on the legality of the arrest or voluntary appearance of the accused

IV. LACK OF AUTHORITY OF THE OFFICER WHO FILED THE INFORMATION

It should be the investigating/reviewing prosecutor who must sign the information, no one else.
This ground goes to the very foundation of jurisdiction

V. INFORMATION DOES NOT CONFORM WITH THE PRESCRIBED FORM (DEFECTIVE

INFORMATION)
Defect which is evident on the face of the information because it does not conform with those
mentioned in Section 6 of Rule 110
This cannot be made for the first time on appeal
** Rules n date and time of the commission of the crime

VI. MORE THAN ONE OFFENSE IS CHARGED

Duplicitous information is prohibited because it will confuse the accused in preparing for his defense
A party’s failure to object on this ground during arraignment amounts to a waiver of this objection

VII. PRESCRIPTION
1. The period of prescription for the offense charged
2. When will it run?
3. When was it interrupted?

VIII. LEGAL EXCURE OR JUSTIFICATION

This provision refers to Articles 11 and 12 of the Revised Penal Code
The presence of any one of the justifying or exempting circumstances in the INFORMATION is a
ground for dismissal

IX. DOUBLE JEOPARDY

1. When the first jeopardy attached prior to the second
2. The first jeopardy has been validly terminated
3. A second jeopardy is for the same offense as in the first

First jeopardy attached when:

1. Before a competent court
2. A valid arraignment
3. A valid plea was entered
4. When the accused as been convicted or acquitted or case was dismissed or otherwise
terminated without his express consent

FINALITY OF ACQUITTAL RULE: The rule does not distinguish whether it occurs at the level of the trial
court or on appeal from a judgment of conviction.

DISMISSAL WITHOUT THE ACCUSED’S EXPRESS CONSENT: there must be a finality of an acquittal
 E.G. Dismissal during preliminary investigation does not constitute double jeopardy
insufficiency of evidence and violation of the right to a speedy trial – without consent of the
accused

THREE ALTERNATIVES OF THE COURT WHEN CONFRONTED WITH A MOTION TO QUASH:

1. Order the amendment of the Information – facts charged do not constitute an offense and the
complaint or information does not conform to the prescribed form
2. Sustain the motion to quash
3. Deny the motion to quash

EFFECT OF SUSTAINING A MOTION TO QUASH

The order to file another information, if determined to be warranted by the circumstance of the
case, must be contained in the same order granting the motion to quash.

Effect on custody: when the court quashes the information and orders the filing of another
complaint or information, the accused will not be discharged.

EFFECT OF DENIAL OF A MOTION TO QUASH

Proceed to trial