Rule 117 Flashcards
What is a MOTION TO QUASH AN INFORMATION?
mode by which an accused assails the validity of a criminal 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 information.
WHEN DO YOU FILE A MOTION TO QUASH?
At any time BEFORE entering his PLEA (RULE 117.1)
WHAT SHOULD MOTION TO QUASH CONTAIN?
RULE 117.2 (D-S-W)
-DISTINCTLY SPECIFY FACTUAL AND LEGAL GROUNDS
-SIGNED BY ACCUSED/COUNSEL
-Shall be in WRITING
WHY SHOULD DISTINCTLYSPECIFY THE FACTUAL ANDLEGAL GROUNDS?
Because the court shall consider no ground other than those stated in the motion, except lack of offense charged.
CAN A JUDGE INITIATE THE CONSIDERATION OF A GROUND FOR QUASHAL?
No. A JUDGE CANNOT INITIATE THE CONSIDERATION OF A GROUND FOR QUASHAL.
In the case of Ppl v. Nitafan, the court held that there is nothing in the rules that authorizes the court or judge to motu proprio initiate amotion to quash if no such motion was filed by the accused.
Initiating such would not only be PREJUDGING the case of the prosecution but also TAKING SIDE with the accused and VIOLATE the RIGHT to a HEARING independent and impartial tribunal.
How many grounds are there to file MTQ?
Nine (Rule 117. section 3)
THE GROUNDS FOR THE FILING OF A MTQ related to COURT
Court has no Jurisdiction over
1. Offense Charged
2. Person of the Accused
Grounds for MTQ in re Form and Substance of Information
- Does not conform substantially to PRESCRIBED FORM
- That the FACTS charged DO NOT CONSTITUTE an OFFENSE
- More than one offense is charged
- Contains averments that would constitute LEGAL EXCUSE or JUSTIFICATION
Other grounds for motion to quash
- Accused has been previously ACQUITTED or CONVICTED for the same offense charged
- Criminal Action or Liability has been EXTINGUISHED
- Officer who filed the INFORMATION has NO AUTHORITY
How is CRIMINAL LIABILITY EXTINGUISHED?
SPAMPAD (ART 89, RPC)
Service of Sentence
Prescription of Crime
Amnesty
Marriage to the offended Woman
Prescription of Penalty
Absolute Pardon
Death of Convict
WHAT happens IF THE FACTS CHARGED DONOT CONSTITUTE AN OFFENSE?
the prosecution shall be given by the court an opportunity to correct the defectby amendment
WHAT IS THE EFFECT OF IF A MTQIS GRANTED?
Court information or may order that another complaint be filed.
If MTQ is granted, will it be a bar for PROSECUTION for the SAME OFFENSE?
No, unless the MTQ was based on the ff:
(1) that the criminal action or liability has been extinguished;
(2) the right against double jeopardy of an accused has been violated.
What happens If there was order to FILE COMPLAINT/INFORMATION?
Accused, if in custody SHALL NOT BE DISCHARGED, unless admitted to BAIL
What happens if NO NEW INFORMATION was filed at a SPECIFIC TIME required by COURT?
Accused, if in custody, shall be DISCHARGED unless he is also in custody for another charge
WHAT IS YOUR REMEDY AGAINST THE DENIAL OF A MTQ?
GR: THE REMEDY IS FOR petitioners to go to TRIAL, without prejudice to reiterating the special defenses invoked in their motion to quash.
EXCEPTION: PETITION FOR CERTIORARI IF :
1. DENIED FOR excess OR ABSENCE OF jurisdiction or
2. with GRAVE ABUSE of discretion
GENERAL RULE AGAINST DOUBLE JEOPARDY
RULE 117.7
C-A-D
1. conviction or
2. acquittal of the accused or the
3. dismissal of the case
shall be a bar to another prosecution for the offense charged
EXCEPTIONS TO THE GENERAL RULE IN PROHIBITION OF DOUBLE JEOPARDY:
RULE 117.7
G-F-P
- GRAVER OFFENSE DEVELOPED from the same act
- FACTS CONSTITUTING GRAVER CHARGE DISCOVERED AFTER PLEA WAS ENTERED
- PLEA OF GUILTY TO LESSER OFFENSE was made WITHOUT CONSENT OF PROSECUTOR AND OFFENDED PARTY
CONSTITUTIONAL BASIS FOR THE RIGHT AGAINST DOUBLE JEOPARDY
section 21, Phil Con
No person SHALL BE TWICE PUT in jeopardy of punishment for the same offense.
If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.
ELEMENTS OF DOUBLE JEOPARDY
FIRST JEOPARDY MUST be:
1. attached prior to the second
2. validly terminated
SECOND JEOPARDY MUST BE:
for the same offense as that in the first or the second offense includes oris necessarily included in the offense charged in thefirst information, or is an attempt to commit thesame or is a frustration thereof (People v. Tampal)
WHEN DOES THE FIRST JEOPARDY ATTACH?
BUWAD
B- Before competent court
U- Upon Valid Indictment
W- When Valid Plea has been enterd
A- After Arraignment
D- Defendant was CONVICTED/ACQUITTED or when CASE WAS DISMISSED/TERMINATED without expressed consent of Accused
(Guerrero v. CA)
Was there double jeopardy in Javier V. Sandigan bayan?
No, there was no Double Jeopardy because the accused was not yet arraigned for malversation of public funds after she had filed a motion to quash the latter information.
Therefore, Double jeopardy could not be attached considering that the two cases remain pending before the Sandiganbayan and accused had pleaded to only one in the criminal cases against her.
DOES LEGAL JEOPARDY ATTACH IF THE COURT WHERE THE INFORMATION IS FILED HAD NO JURISDICTION?
No. As held in Binay v. Sandiganbayan, there is no double jeopardy where accused entered as plea in a court that had no jurisdiction.
Hence, first jeopardy was never attached in the first place because the RTC not being a court of competent jurisdiction
Is there double jeopardy if THE FIRST CASE WAS ATTENDED BY GRAVE ABUSE OF DISCRETION?
No. In the case of Summerville v. Eugenion, There is no Double jeopardy since the information was withdrawn due to commitment of grave abuse of discretion.
Here, the accused was not acquitted nor was there a valid and legal dismissal or termination of the case.
Hence, no double jeopardy
What case wherein protection against double jeopardy was not afforded?
People V. Bellaflor
instances where DOUBLE JEOPARDY will attach even if case was DISMISSED with the CONSENT of ACCUSED:
- where the ground for the dismissal is insufficiency of the evidence for the prosecution
- where the criminal proceedings have been unreasonably prolonged in violation of the accused’s right to speedy trial
Whas right against double jeopardy afforded in Ivler V. San Pedro?
WHAT IS REQUIRED BEFORE A CRIMINAL CASE CAN BE PROVISIONALLY DISMISSED?
express consent of the accused and withnotice to the offended party.
WHEN DOES A PROVISIONAL DISMISSAL BECOME PERMANENT?
RULE 117. 8
offenses punishable less than 6 years- 1 year after issuance of the order without the case having been revived
Offenses punishable more than 6 years- 2 years after issuance of the order without the case having been revived
WHAT IS THE EFFECT OF FAILURE TO FILE A MTQ?
deemed a waiver of any objections
Non Filing of MTQ shall be deemed a waiver of any objections except those based on the following grounds:
Rule 117.9
(1) that the facts charged do not constitute anoffense;
(2) court trying the case has no jurisdiction over the offense charged;
(3) that the criminal action or liability has been extinguished;and
(4) violation of the right of an accused against double jeopardy.
