RULE 117

Question 1

What is a motion to quash?

Answer 1

it is the mode by which an accused assails the validity of the complaint or information filed against him for INSUFFICIENCY on its face in point of law or for DEFECTS which are apparent in the face of the if the information.

a hypothetical admission of the facts alleged in the information

Question 2

fundamental test in determining the sufficiency of the material averments in an information

Answer 2

WHETHER OR NOT the facts alleged therein, which are hypothetically admitted, would establish the essential elements of the crime defined

Question 3

what is the exception to the general rule that a matters extrinsic to the information are not to be considered.

Answer 3

1. a motion to quash based on a double jeopardy or extinction of the criminal action or liability by their nature
2. additional facts not alleged in the information but admitted and not denied by the prosecution may be invoke in support of the motion to quash

Question 4

what is the exception to the general rule that the accused may move to quash the complaint or information at anytime BEFORE entering his plea

Answer 4

Instances where a motion to quash may be filed after plea:

1. that the facts charged do not constitute the offense
   2.that the court trying the case has no jurisdiction over the offense charged
2. that the criminal action or liability has been extinguished
3. that the defendant would be placed in double jeopardy
4. that the officer who filed the information had no authority to do so

Question 5

QUASHAL V. NOLLE PROSEQUI

Answer 5

the quashal of the complaint or information is different from nolle prosequi, although both have one result, which is the dismissal of the case

a nolle is a dismissal of the criminal case by the government BEFORE the accused is placed on trial and BEFORE he is called to plead, with the approval of the court.

it partakes of the nature of a non-suit or discontinuance in civil suit and leaves the matter in the same condition in which it was before the commencement of the prosecution

Question 6

MOTION TO QUASH VS DEMURRER TO EVIDENCE

Answer 6

1. as to the time of the filing
2. as to the merits of the case
3. as to the grounds
4. as to the effect if granted
5. as to the effect if denied

Question 7

what is the consequence of the filing a motion to quash

Answer 7

it results in the submission of the person of the accused to the jurisdiction of the court

Question 8

Forms and Contents of a motion toq uash

Answer 8

1. in writing
2. signed by the accused or his counsel
3. shall specify distinctly the factual and legal grounds thereof

Question 9

the failure to assert ground in the motion to quash either be beacuse:

Answer 9

1. the accused did not file a motion to quash
2. the accused filed a motion to quash but failed to allege the ground in said motion

Question 10

what are the 9 grounds so that the accused may move to quash the complaint or information on any of the following (NOT-JJ-FAME-AP)

Answer 10

1. that the facts charge does not constitute an offense
2. that the court trying the case has no jurisdiction over the offense charged
3. the court trying the case has no jurisdiction over the person of the accused
4. that it does not conform substantially to the prescribed form
5. that the officer who filed the information had no authority to do so
   6.that more than one offense is charged
6. that the criminal action or liability has been extinguished
7. that it contains avernments which, if true would constitute a legal excuse or justificication
8. that the accused has been previously convicted or acquitted of the offense charged