Motion to Quash

Question 1

When is arraignment improper?

Question 2

what happens when motion to quash is granted

Answer 2

• motion is granted
• court orders filing of new information/charge
• accused in custody is NOT released
• if no order or prosecution fails to file, accused is released

Question 3

what are the remedies when motion to quash is NOT granted

Answer 3

1. on appeal, raise the denial of his MtQ as an error committed by the lower court
   2, which is an added ground to overturn the lower court’s ruling

certiorari is improper.

Question 4

elements for double jeopardy

Answer 4

1. valid information/complaint
2. competent court
3. accused entered a plea
4. conviction, acquittal, or termination (w/o consent of the accused)
5. same offense, same act

Question 5

the only exception of res judicata

Answer 5

• when** trial court** acted with grave abuse of discretion so the OSG can assail that judgment for a a [petition for certiorari] establishing that the State was deprived of a fair opportunity to prosecute and prove its case.

[thoughts]
this makes sense since what if the judge was morally corrupt, then the OSG can petition for ceriotrari on the ground that the State did not have a fair opportunity to prosecute and prove its case

Question 6

if the accused was sentenced for 5 years and then appeals and then it became 6 years, can the accused claim double jeopardy?

Answer 6

No, when the accused himself files for a motion for recon or modif, double jeopardy can no longer be invoked becase he has waived his right by filing nsuch a motion

Question 7

where dismissal is final (as an exc) even if it was made on part of the accused

Answer 7

[demurrer to evidence]

[denial of right to speedy trial’]

Question 8

motion to quash v. provisional dismissal

Answer 8

who files
form and content
ground
permanence

Question 10

grounds for motion to quash

Answer 10

• double JEO (non-correctible)
• court no JD
• prescription, extinction
• facts allege do not constitute an offense

it is only after issuing an order to ammend their defective information and the pro doesn’t ammend in the given period, the court then will quash the information and then dismiss the case.

if issue is not raised in the accused, he waives and can be convicted as many offenses even if it was duplisitous information.

this is done during arraignment,

Question 11

the grounds in the motion to quash is exclusive.

Question 12

MOTION TO QUASH

Answer 12

MOTION TO QUAH

Question 13

quash even after arraignment is possible still
if the information fails to state an offense (even if the facts are all true and perform, it still doesn’t amount to a crime)

Question 14

evidence outside the information may involve outside can stil lbe

Answer 14

ex. timber and lumber, find the definition in a dictionary, then will the information make it less defective or or fatally defective

Question 15

if your motion to quash is denied, can certiorari rule 65 a remedy?

Answer 15

no , that is not the proper remedy, the proper rememdy is to go to trial and then file an appeal which is included in your appeal as additional errors

Question 16

on the rule of Double jeopardy, if the same offense is punished thru ordinance and then national law. is it double jp?

Answer 16

No.

Question 17

how about rape violation in the RPC v. 7610

Answer 17

in UNdang, there is no double (good and categorical doube JP)
in Tulagan, there is double

Question 18

what ify oure charged with robbery but what actually occured is bribery,

the crime charged is totally different from the evidence would establish

Answer 18

rule say if there is a variance and the crime charged and the crime established, substittued information. file motion to wtihdraw

subtituted to match with the evidence

Question 19

variance between allegation and proof - between allegation adn proof. the it is the duty of the prosecution to solve.

varvariance doctrine - courts will be the one to decide (court says yo uare charged with murder but i will convict you with homicide) as there must be homicide in mmurder

buts sexual assault is not necsessarily included in rape

Question 20

in teh case of kawaili, he can’t be convicted of rape in paragraph 1 (this was the one alleged) there is no variance doctrine.

court said that doctine of paragraph 1 (266-a) and lascivious conduct according to another law (from RPC and the special penal law)

Answer 20

so variance doctrine applies to other laws as well.

Question 21

case: attempted murder, then during trial, there was a misdiagnoses when in fact it was actually fatal (frustrated) and during trial victim dies.

what must be done?

Answer 21

withdraw the information
substituted it with murder charges on the ground of supervening events

here you cannot use variance doctrine because it is a lesser offense to greater offense cannot be applied

o

Question 22

supervening fact

Answer 22

must have arisen AFTER the charges were filed

so a mistake in the investigation is not a supervening fact when they should have appreciated treachery as a qualifying circumstnace.

but what if the evidence was found after filing?
pwede, as long as it was found in spite of reasonable diligence

you can no longer use a subtituted because of the lack of diligence that you would discover that it should have been a case of serious physcail infjureies. even if the existence was the evidence was not able to be found in spite of reasonable diligence

Question 23

what if it has been convcited of frustrated murder and service sentence, then the victim dies,

what to do?

Answer 23

no substition cannot be filed.

new charges have to be filed based on the supervening filed/newly discovered evdience which may have been existing before but was not dsicovered in spite of reasonable evidence

so in the first charge of he served and then victim dies as a result of the frustrated charge incident, the sentence of the second of the murder must be subtracted from teh service