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. (1)

 General Rule: A motion to quash can be filed before arraignment.

 You can ask for deferment of the scheduled arraignment on the ground that you will file a
motion to quash.
 We are trying to quash the complaint or information.

EXEMPTIONS: You can still file a motion to quash after arraignment based on the following:

1. Failure to charge an offense

2. Lack of jurisdiction over the offense charged
3. Extinction of the offense or penalty
4. The defendant is in double jeopardy

Do not confuse motion to quash to demurrer to evidence

MTQ is filed before defendant enters plea or before arraignment

In MTQ you are questioning the complaint or information. Technically you do not go to the merit
of the case, it is anchored on matters not directly related to that question of guilt or innocence of
the accused. It is grounded on the grounds mentioned section 3 rule 117.

In DTE despite the fact the prosecution has presented its evidence/witnesses, it is not enough to
sustain a conviction. It is based on the inadequacy of the evidence adduced by the prosecution
in support of the accusation. It is governed by rule 119.

Section 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. (2a)

Forms and contents

1. The motion to quash shall be in writing

2. signed by the accused or his counsel and
3. 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.

Section 3. Grounds. — The accused may move to quash the complaint or information on any of
the following grounds:

(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. (3a)

> You may only file a motion to quash and can be granted based on the list herein enumerated. This
is an exclusive list. You cannot file a motion to quash based on other grounds not mentioned here.

(b) How court acquires jurisdiction over subject matter? Jurisdiction over subject matter It is
provided by law e.g. Robbery can only be filed at RTC. If it is filed with MTC it can be grounds for
quashal of information or complaint.

(c) How the court acquires jurisdiction over the person accused?

a. When he is arraigned or enters his plea then he is submitting to the jurisdiction of the court

b. When he willingly present himself to the court/

c. or when accused files any pleading asking for an affirmative relief.

(f) Because it will create multiciplity for every criminal act as a general rule there must be one
information.

(i) this is double jeopardy

Section 4. Amendment of the complaint or information. — If the motion to quash is based on an

alleged defect of the complaint or information which can be cured by amendment, the court shall
order that an amendment be made. (4a)

If it is based on the ground that the facts charged do not constitute an offense, the prosecution
shall be given by the court an opportunity to correct the defect by amendment. The motion shall
be granted if the prosecution fails to make the amendment, or the complaint or information still
suffers from the same defect despite the amendment. (n)

What will happen if an amendment can cure the defect? Refer to first paragraph herein. (if can be
cured by amendment)
Section 5. Effect of sustaining the motion to quash. — If the motion to quash is sustained, the
court may order that another complaint or information be filed except as provided in section 6 of
this rule. If the order is made, the accused, if in custody, shall not be discharged unless admitted
to bail. If no order is made or if having been made, no new information is filed within the time
specified in the order or within such further time as the court may allow for good cause, the
accused, if in custody, shall be discharged unless he is also in custody for another charge. (5a)

Section 6. Order sustaining the motion to quash not a bar to another prosecution; exception. —
An order sustaining the motion to quash is not a bar to another prosecution for the same offense
unless the motion was based on the grounds specified in section 3 (g) and (i) of this Rule. (6a)

(discussion on section 5 and 6)

If the grounds of the MTQ is that of a, d, e or f of the list provided in section 3 in this rule, the court
may order another information be filed or order amendment made thereof. When these are made
before the court, technically you are already detained/detention.

The prosecutor is given a period of 15 days to file a new information or an amendment if a, d, e, or f

is the ground of the MTQ. If 15 days have lapsed and the prosecutor failed to file a new information
or made an amendment thereof, the accused in custody shall be discharged. However, it does not
necessary means that the case is dismissed already.

If prosecution will file a new case, the accused can ask for a release after the expiration of 15 days.
However, the prosecutor can still file a new information against accused after the 15 days.

IF motion to quash is sustained on the ff grounds g h and i (section 3 of this rule) the court must
already include in the order the order the release of the accused in custody. It must be noted that in
grounds based on G H and I, there is no longer criminal liability. That is why if MTQ is sustained
based on this grounds, the order contains the order to release.

WHAT HAPPENS IF YOUR MOTION TO QUASH IS DENIED

1. If your motion to quash is denied, accused should already enter a plea and the accused goes
to trial without prejudice to the special defenses he invoked in the motion.
2. The matters you raised in the motion to quash, automatically becomes affirmative defenses
during the trial

CAN YOU APPEAL TO AN ORDER DENYING YOUR MOTION TO QUASH

No. An order denying your motion to quash because it is an interlocutory order (always under the
control of the court and may be modified or rescinded upon sufficient grounds shown at any time
before final judgment.)

If you really believe in your motion to quash, you used it during a trial as a special defense, if it still
not sustained by court, you can include it to your appeal.

INTERLOCUTORY ORDER V. JUDGMENT

J- is appealable they are coming from the court after a trial has been ensued. You can file an appeal.
Disposes the case with finality.

- Appeal is the remedy

IO- Does not dispose the case with finality. (motion to quash is an IO thus it is not appealable.)

- Certiorari is the remedy

 - Certiorari is under rule 65. The basis of certiorari is grave abuse of discretion. If you believe
that the court greatly abuse its discretion when it denied your MTQ, you may file a case
before the CA questioning the denial of MTQ.
- You may file for motion for certiorari on the ground of grave abuse of discretion.
- IO is not a judgment. Thus, proceedings may continue and be appealed after judgment is
rendered.

Section 7. Former conviction or acquittal; double jeopardy. — When an accused has been
convicted or acquitted, or the case against him dismissed or otherwise terminated without his
express consent by a court of competent jurisdiction, upon a valid complaint or information or
other formal charge sufficient in form and substance to sustain a conviction and after the
accused had pleaded to the charge, the conviction or acquittal of the accused or the dismissal of
the case shall be a bar to another prosecution for the offense charged, or for any attempt to
commit the same or frustration thereof, or for any offense which necessarily includes or is
necessarily included in the offense charged in the former complaint or information.

However, the conviction of the accused shall not be a bar to another prosecution for an offense
which necessarily includes the offense charged in the former complaint or information under any
of the following instances:

(a) the graver offense developed due to supervening facts arising from the same act or
omission constituting the former charge;

(b) the facts constituting the graver charge became known or were discovered only after
a plea was entered in the former complaint or information; or

(c) the plea of guilty to the lesser offense was made without the consent of the prosecutor
and of the offended party except as provided in section 1 (f) of Rule 116.

In any of the foregoing cases, where the accused satisfies or serves in whole or in part the
judgment, he shall be credited with the same in the event of conviction for the graver offense.
(7a)

REQUISITES OF DOUBLE JEOPARDY

1. The complaint or information or other formal charge was sufficient in form and substance
to sustain a conviction;
2. The court had jurisdiction
3. The accused had been arraigned and had pleaded;
4. Accused was convicted or acquitted or the case was dismissed without his express
consent.

Ex.

You were charged w/ robbery. You robbed abc store on sept 6 2021, you amassed total amount
P500,000. A complaint/information was filed against you and you eventually are convicted. After
which after 20 years, the complainant filed against same case of the robbery on sept 6 2021, can
the complainant still file the case? No. because that is double jeopardy.

The same is true when you are acquitted.

In item no. 4 the second part of it is very important. Because if the case is dismissed with
express consent of the accused, there is no double jeopardy.
The accused enters into a provisional dismissal, can it be filed again? Yes because it is
dismissed in his expressed consent. (Without his express consent means that accused did not
do anything and the case was dismissed).

Dismissal v. Acquittal

Both can amount to the release of the accused.

Acquittal however, is based on the merits that the evidence does not show defendant’s guilt beyond
reasonable doubt.

Dismissal it does not decide the case on the merits or the defendants is not guilty. There is just the
existence of some ground for the dismissal of the case.

HOW DO YOU DETERMINE WETHER TWO OFFENSES ARE IDENTICAL FOR PURPOSES OF SECTION 7

Same offense test- there is identity between two offenses not only that the second offense is exactly
the same as the first, but also when the second offense is an attempt or frustration of or is necessary
included in the offense charged in the first information.

Same Evidence test – whether the facts as alleged in the second information if proven would have
been sufficient to sustain the former information or from which the accused may have been
acquitted or acquitted.

Section 8. Provisional dismissal. — A case shall not be provisionally dismissed except with the
express consent of the accused and with notice to the offended party.

The provisional dismissal of offenses punishable by imprisonment not exceeding six (6) years or
a fine of any amount, or both, shall become permanent one (1) year after issuance of the order
without the case having been revived. With respect to offenses punishable by imprisonment of
more than six (6) years, their provisional dismissal shall become permanent two (2) years after
issuance of the order without the case having been revived. (n)

 Provisional dismissal is the dismissal of the case with the consent of the accused. This is
usually observed during a plea bargaining.
 Take Note: Once the case has been provisionally dismissed, only the criminal aspect can be
revived.
 Provisional Dismissal is expirable

Section 9. Failure to move to quash or to allege any ground therefor. — The failure of the
accused to assert any ground of a motion to quash before he pleads to the complaint or
information, either because he did not file a motion to quash or failed to allege the same in said
motion, shall be deemed a waiver of any objections based on the grounds provided for in
paragraphs (a), (b), (g), and (i) of section 3 of this Rule. (8)

 General rule: if you do not raise a ground in your motion to quash you can still prove that
ground and use that ground during trial. There is no waiver.
 Exemptions: If you failed to file a motion to quash and you raised the grounds of a,b,g, and I,
even if you do not raise those grounds in your motion to quash, you can still raise the same
at any stage of the proceedings. Because a,b,g, and I presupposes that the court does not
have jurisdiction.