Week 9 - Motion to Quash

Question 1

Rule 117. Sec. 1. Time to move to quash. – At […], the accused may move to […] the complaint or information.

Answer 1

Rule 117. Sec. 1. Time to move to quash. – At any time before entering his plea, the accused may move to quash the complaint or information.

Question 2

Rule 117. Sec. 2. Form and contents. – The motion to quash shall be in […], […] and shall […]. The court shall consider no ground other than […], except for […].

Answer 2

Rule 117. Sec. 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 for lack of jurisdiction over the offense charged.

Question 3

Rule 117. Sec. 3. Grounds. – The accused may move to quash the complaint or information on any of the following grounds:

(a) That the facts charged […];
(b) That the court trying the case […];
(c) That the court trying the case […];
(d) That the officer who filed the information […];
(e) That it does not […];
(f) That more than […];
(g) That the criminal action or […];
(h) That it contains […]; and
(i) That the accused has been previously […], or the case against him was […].

Answer 3

Rule 117. Sec. 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 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.

Question 4

Rule 110. Sec. 6. Sufficiency of complaint or information. – A complaint or information is sufficient if it […]; the […]; the […]; the […]; the […]; and the […].

When an offense is committed by more than one person, […].

Answer 4

Rule 110. Sec. 6. Sufficiency of complaint or information. – A complaint or information is sufficient if it states the name of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense was committed.

When an offense is committed by more than one person, all of them shall be included in the complaint or information.

Question 5

Rule 110. Sec. 7. Name of the accused. – The complaint or information must state the […] or any […]. If his name cannot be ascertained, he must be […].

If the true name of the accused is thereafter disclosed by him or appears in some other manner to the court, […].

Answer 5

Rule 110. Sec. 7. Name of the accused. – The complaint or information must state the name and surname of the accused or any appellation or nickname by which he has been or is known. If his name cannot be ascertained, he must be described under a fictitious name with a statement that his true name is unknown.

If the true name of the accused is thereafter disclosed by him or appears in some other manner to the court, such true name shall be inserted in the complaint or information and record.

Question 6

Rule 110. Sec. 8. Designation of the offense. – The complaint or information shall […], aver the […], and specify its […]. If there is no designation of the offense, […].

Answer 6

Rule 110. Sec. 8. Designation of the offense. – The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it.

Question 7

Rule 110. Sec. 9. Cause of the accusation.– The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be […] and not necessarily […] as well as its […] and for the court to […].

Answer 7

Rule 110. Sec. 9. Cause of the accusation.– The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute but in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment.

Question 8

Rule 110. Sec. 3. Complaint defined. – A complaint is a […], subscribed […] of the […].

Answer 8

Rule 110. Sec. 3. Complaint defined. – A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated.

Question 9

Rule 110. Sec. 4. Information defined. – An information is […], subscribed by the […].

Answer 9

Rule 110. Sec. 4. Information defined. – An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.

Question 10

Rule 110. Sec. 5. Who must prosecute criminal actions. – All criminal actions commenced by a […] shall be prosecuted […]. In case of […] or in the event of […], the private prosecutor may […] by the […] to prosecute the case subject to […]. Once so authorized to prosecute the criminal action, the private prosecutor shall […], unless the authority is […].

Answer 10

Rule 110. Sec. 5. Who must prosecute criminal actions. – All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the prosecutor. In case of heavy work schedule of the public prosecutor or in the event of lack of public prosecutors, the private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecution to prosecute the case subject to the approval of the Court. Once so authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to the end of the trial even in the absence of a public prosecutor, unless the authority is revoked or otherwise withdrawn.

Question 11

Rule 110. Sec. 13. Duplicity of the offense. – A complaint or information must charge […], except when […].

Answer 11

Rule 110. Sec. 13. Duplicity of the offense. – A complaint or information must charge only one offense, except when the law prescribes a single punishment for various offenses.

Question 12

RPC. Art. 89. How criminal liability is totally extinguished. – Criminal liability is totally extinguished:

1. By the […], as to the personal penalties; and as to pecuniary penalties, liability therefore is extinguished only when […];
2. By […];
3. By […], which completely extinguishes the penalty and all its effects;
4. By […];
5. By […] of the crime;
6. By […] of the penalty;
7. By the […], as provided in Art. 344 of this Code.

Answer 12

RPC. Art. 89. How criminal liability is totally extinguished. – Criminal liability is totally extinguished:

1. By the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefore is extinguished only when the death of the offender occurs before final judgment;
2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided in Art. 344 of this Code.

Question 13

RPC. Art. 90. Prescription of crimes. – Crimes punishable by death, reclusion perpetua or reclusion temmporal shall prescribe in […].

Crimes punishable by other afflictive penalties shall prescribe in […].

Those punishable by a correctional penalty shall prescribe in […]; with the exception of those punishable by arresto mayor, which shall prescribe in […].

The crime of libel or other similar offenses shall prescribe in […].

The offenses of oral defamation and slander by deed shall prescribe in […].

Light offenses prescribe in […].

When the penalty fixed by law is a compound one, the highest penalty shall be […].

Answer 13

RPC. Art. 90. Prescription of crimes. – Crimes punishable by death, reclusion perpetua or reclusion temmporal shall prescribe in twenty years.

Crimes punishable by other afflictive penalties shall prescribe in fifteen years.

Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable by arresto mayor, which shall prescribe in five years.

The crime of libel or other similar offenses shall prescribe in one year.

The offenses of oral defamation and slander by deed shall prescribe in six months.

Light offenses prescribe in two months.

When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application of the rules contained in the first, second, and third paragraphs of this article.

Question 14

RPC. Art. 91. Computation of prescription of offenses. – The period of prescription shall commence to run […], and shall be interrupted by […], and shall commence to run again […], or are […].

The term of prescription shall not run when the offender is […].

Answer 14

RPC. Art. 91. Computation of prescription of offenses. – The period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him.

The term of prescription shall not run when the offender is absent from the Philippine Archipelago.

Question 15

RPC. Art. 92. When and how penalties prescribe. – The penalties imposed by final sentence prescribe as follows:

1. […], in twenty years;
2. […], in fifteen years;
3. […], in ten years, with the exception of the penalty of […], which prescribes in five years;
4. […], in one year.

Answer 15

RPC. Art. 92. When and how penalties prescribe. – The penalties imposed by final sentence prescribe as follows:

1. Death and reclusion perpetua, in twenty years;
2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years, with the exception of the penalty of arresto mayor, which prescribes in five years;
4. Light penalties, in one year.

Question 16

RPC. Art. 94. Partial extinction of criminal liability. – Criminal liability is extinguished partially;

1. By […];
2. By […]; and
3. For […] which the culprit may earn while he is undergoing […].

Answer 16

RPC. Art. 94. Partial extinction of criminal liability. – Criminal liability is extinguished partially;

1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may earn while he is undergoing preventive imprisonment or serving his sentence.

Question 17

RPC. Art. 95. Obligation incurred by a person granted conditional pardon. – Any person who has been […] shall incur the obligation of […], otherwise, his non-compliance with any of the conditions specified shall result in the […] and the provisions of […] shall be applied to him.

Answer 17

RPC. Art. 95. Obligation incurred by a person granted conditional pardon. – Any person who has been granted conditional pardon shall incur the obligation of complying strictly with the conditions imposed therein, otherwise, his non-compliance with any of the conditions specified shall result in the revocation of the pardon and the provisions of Article 159 shall be applied to him.

Question 18

RPC. Art. 96. Effect of commutation of sentence. – The commutation of the original sentence for another of a different length and nature shall have the legal effect of […].

Answer 18

RPC. Art. 96. Effect of commutation of sentence. – The commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the latter in the place of the former.

Question 19

RPC. Art. 97. Allowance for good conduct. – The good conduct of any offender qualified for credit for preventive imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner in any penal institution, rehabilitation or detention center or any other local jail shall entitle him to the following deductions from the period of his sentence:

1. During the first two years of imprisonment, he shall be allowed a deduction of […] of good behavior during detention;
2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a […] of good behavior during detention;
3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of […] of good behavior during detention;
4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of […] of good behavior during detention; and
5. At any time during the period of imprisonment, he shall be allowed another deduction of […], in addition to numbers one to four hereof, for […] service time rendered.

An appeal by the accused shall not deprive him of entitlement to the above allowances for good conduct.

Answer 19

RPC. Art. 97. Allowance for good conduct. – The good conduct of any offender qualified for credit for preventive imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner in any penal institution, rehabilitation or detention center or any other local jail shall entitle him to the following deductions from the period of his sentence:

1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each month of good behavior during detention;
2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction of twenty-three days for each month of good behavior during detention;
3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of twenty-five days for each month of good behavior during detention;
4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of thirty days for each month of good behavior during detention; and
5. At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in addition to numbers one to four hereof, for each month of study, teaching or mentoring service time rendered.

An appeal by the accused shall not deprive him of entitlement to the above allowances for good conduct.

Question 20

Art. 98. Special time allowance for loyalty. – A deduction of […] shall be granted to any prisoner who, having evaded his preventive imprisonment or the service of his sentence under the circumstances mentioned in […] of this Code, gives himself up to the authorities within […]. A deduction of […] shall be granted in case said prisoner […] notwithstanding the existence of a calamity or catastrophe enumerated in Article 158 of this Code.

Answer 20

Art. 98. Special time allowance for loyalty. – A deduction of one fifth of the period of his sentence shall be granted to any prisoner who, having evaded his preventive imprisonment or the service of his sentence under the circumstances mentioned in Article 158 of this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe referred to in said article. A deduction of two-fifths of the period of his sentence shall be granted in case said prisoner chose to stay in the place of his confinement notwithstanding the existence of a calamity or catastrophe enumerated in Article 158 of this Code.

Question 21

Art. 99. Who grants time allowances. – Whenever lawfully justified, the […], the […] and/or the […] of a provincial, district, municipal or city jail shall grant allowances for good conduct. Such allowances once granted shall not be revoked.

Answer 21

Art. 99. Who grants time allowances. – Whenever lawfully justified, the Director of Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology and/or the Warden of a provincial, district, municipal or city jail shall grant allowances for good conduct. Such allowances once granted shall not be revoked.

Question 22

CONST. Art. III. Sec. 21. No person shall be […]. If an act is punished by […] for the same act.

Answer 22

CONST. Art. III. Sec. 21. 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 23

Rule 117. Sec. 7. par. 1. Former conviction or acquittal; double jeopardy. – When an accused has been convicted or acquitted, or the case against him […] without his express consent by a court of competent jurisdiction, upon a valid […] sufficient in form and substance to […] and after the accused had […] to the charge, the […] for the offense charged, or for any attempt to commit the same or frustration thereof, or for any offense which […] in the offense charged in the former complaint or information.

Answer 23

Rule 117. Sec. 7. par. 1. 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 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.

Question 24

Rule 117. Sec. 7. par. 2. 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 […] arising from the same act or omission constituting the former charge;
(b) the […] was entered in the former complaint or information; or
(c) the […] was made without the consent of the prosecutor and of the […].

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.

Answer 24

Rule 117. Sec. 7. par. 2. 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.

Question 25

Rule 117. Sec. 8. Provisional dismissal. – A case shall not be provisionally dismissed except with the […] and with notice to […].

The provisional dismissal of offense punishable by imprisonment not exceeding […], or both, shall become permanent […] without the case having been revived. With respect to offenses punishable by imprisonment of more than […] of the order without the case having been revived.

Answer 25

Rule 117. Sec. 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 offense 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.

Question 26

Rule 120. Sec. 5. When an offense includes or is included in another. – An offense charged necessarily includes the offense proved when […], as alleged in the complaint or information, […]. And an offense charged is necessarily included in the offense proved, when […].

Answer 26

Rule 120. Sec. 5. When an offense includes or is included in another. – An offense charged necessarily includes the offense proved when some of the essential elements or ingredients of the former, as alleged in the complaint or information, constitute the latter. And an offense charged is necessarily included in the offense proved, when the essential ingredients of the former constitute or form part of those constituting the latter.

Question 27

Rule 117. Sec. 9. Failure to move quash or to allege any ground therefor. – The failure of the accused to […], either because he […], shall be deemed a […] except those based on the grounds provided for in paragraphs […] of this Rule.

Answer 27

Rule 117. Sec. 9. Failure to move 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 except those based on the grounds provided for in paragraphs (a), (b), (g), and (i) of Section 3 of this Rule.