Rule 117

Question 1

What is a MOTION TO QUASH AN INFORMATION?

Answer 1

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.

Question 2

WHEN DO YOU FILE A MOTION TO QUASH?

Answer 2

At any time BEFORE entering his PLEA (RULE 117.1)

Question 3

WHAT SHOULD MOTION TO QUASH CONTAIN?

Answer 3

RULE 117.2 (D-S-W)

-DISTINCTLY SPECIFY FACTUAL AND LEGAL GROUNDS
-SIGNED BY ACCUSED/COUNSEL
-Shall be in WRITING

Question 4

WHY SHOULD DISTINCTLYSPECIFY THE FACTUAL ANDLEGAL GROUNDS?

Answer 4

Because the court shall consider no ground other than those stated in the motion, except lack of offense charged.

Question 5

CAN A JUDGE INITIATE THE CONSIDERATION OF A GROUND FOR QUASHAL?

Answer 5

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.

Question 6

How many grounds are there to file MTQ?

Answer 6

Nine (Rule 117. section 3)

Question 7

THE GROUNDS FOR THE FILING OF A MTQ related to COURT

Answer 7

Court has no Jurisdiction over
1. Offense Charged
2. Person of the Accused

Question 8

Grounds for MTQ in re Form and Substance of Information

Answer 8

1. Does not conform substantially to PRESCRIBED FORM
2. That the FACTS charged DO NOT CONSTITUTE an OFFENSE
3. More than one offense is charged
4. Contains averments that would constitute LEGAL EXCUSE or JUSTIFICATION

Question 9

Other grounds for motion to quash

Answer 9

1. Accused has been previously ACQUITTED or CONVICTED for the same offense charged
2. Criminal Action or Liability has been EXTINGUISHED
3. Officer who filed the INFORMATION has NO AUTHORITY

Question 10

How is CRIMINAL LIABILITY EXTINGUISHED?

Answer 10

SPAMPAD (ART 89, RPC)

Service of Sentence
Prescription of Crime
Amnesty
Marriage to the offended Woman
Prescription of Penalty
Absolute Pardon
Death of Convict

Question 11

WHAT happens IF THE FACTS CHARGED DONOT CONSTITUTE AN OFFENSE?

Answer 11

the prosecution shall be given by the court an opportunity to correct the defectby amendment

Question 12

WHAT IS THE EFFECT OF IF A MTQIS GRANTED?

Answer 12

Court information or may order that another complaint be filed.

Question 13

If MTQ is granted, will it be a bar for PROSECUTION for the SAME OFFENSE?

Answer 13

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.

Question 14

What happens If there was order to FILE COMPLAINT/INFORMATION?

Answer 14

Accused, if in custody SHALL NOT BE DISCHARGED, unless admitted to BAIL

Question 15

What happens if NO NEW INFORMATION was filed at a SPECIFIC TIME required by COURT?

Answer 15

Accused, if in custody, shall be DISCHARGED unless he is also in custody for another charge

Question 16

WHAT IS YOUR REMEDY AGAINST THE DENIAL OF A MTQ?

Answer 16

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

Question 17

GENERAL RULE AGAINST DOUBLE JEOPARDY

Answer 17

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

Question 18

EXCEPTIONS TO THE GENERAL RULE IN PROHIBITION OF DOUBLE JEOPARDY:

Answer 18

RULE 117.7

G-F-P

1. GRAVER OFFENSE DEVELOPED from the same act
2. FACTS CONSTITUTING GRAVER CHARGE DISCOVERED AFTER PLEA WAS ENTERED
3. PLEA OF GUILTY TO LESSER OFFENSE was made WITHOUT CONSENT OF PROSECUTOR AND OFFENDED PARTY

Question 19

CONSTITUTIONAL BASIS FOR THE RIGHT AGAINST DOUBLE JEOPARDY

Answer 19

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.

Question 20

ELEMENTS OF DOUBLE JEOPARDY

Answer 20

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)

Question 21

WHEN DOES THE FIRST JEOPARDY ATTACH?

Answer 21

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)

Question 22

Was there double jeopardy in Javier V. Sandigan bayan?

Answer 22

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.

Question 23

DOES LEGAL JEOPARDY ATTACH IF THE COURT WHERE THE INFORMATION IS FILED HAD NO JURISDICTION?

Answer 23

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

Question 24

Is there double jeopardy if THE FIRST CASE WAS ATTENDED BY GRAVE ABUSE OF DISCRETION?

Answer 24

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

Question 25

What case wherein protection against double jeopardy was not afforded?

Answer 25

People V. Bellaflor

instances where DOUBLE JEOPARDY will attach even if case was DISMISSED with the CONSENT of ACCUSED:

1. where the ground for the dismissal is insufficiency of the evidence for the prosecution
2. where the criminal proceedings have been unreasonably prolonged in violation of the accused’s right to speedy trial

Question 26

Whas right against double jeopardy afforded in Ivler V. San Pedro?

Question 27

WHAT IS REQUIRED BEFORE A CRIMINAL CASE CAN BE PROVISIONALLY DISMISSED?

Answer 27

express consent of the accused and withnotice to the offended party.

Question 28

WHEN DOES A PROVISIONAL DISMISSAL BECOME PERMANENT?

Answer 28

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

Question 29

WHAT IS THE EFFECT OF FAILURE TO FILE A MTQ?

Answer 29

deemed a waiver of any objections

Question 30

Non Filing of MTQ shall be deemed a waiver of any objections except those based on the following grounds:

Answer 30

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.