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What Is The Form of A Motion To Quash

A motion to quash is a request filed with the court to nullify or dismiss criminal charges. The defense lawyer filed a motion to quash the arrest warrant arguing the charges did not qualify as the alleged crime but rather a bailable lesser offense. If denied, the accused should file a petition for certiorari before the higher court to question the denial, needing to demonstrate the court committed grave abuse of discretion amounting to lack of jurisdiction.

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103 views

What Is The Form of A Motion To Quash

A motion to quash is a request filed with the court to nullify or dismiss criminal charges. The defense lawyer filed a motion to quash the arrest warrant arguing the charges did not qualify as the alleged crime but rather a bailable lesser offense. If denied, the accused should file a petition for certiorari before the higher court to question the denial, needing to demonstrate the court committed grave abuse of discretion amounting to lack of jurisdiction.

Uploaded by

daryll
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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1) What is the form of a motion to quash?

the court had already issued a warrant for his


arrest. Without A being arrested, his lawyer filed
2) Who files a motion to quash? a Motion to Quash Arrest Warrant and to Fix Bail,
3) What is the nature of a motion to quash? arguing that the allegations in the information did
not charge the crime of plunder but a crime of
4) Grounds for Filing a Motion to Quash malversation, a bailable offense.
5) Test for Sufficiency of the Complaint or 26) A) If you are the Sandiganbayan, how will you
Information rule on the motion?
6) Sufficiency of Criminal Information: 27) B) If the Sandiganbayan denies the motion, what
judicial remedy should the accused undertake?
7) Sufficiency of a Complaint/Petition in a Civil
Action/ Special Proceeding:
8) Are there grounds for a motion to quash that
may not be waived?
9) However, the following grounds may not be
waived:
10) Is the court mandated to grant a motion to
quash?
11) What is the implication of a court’s denial of
a motion to quash?
12) What is the remedy of an accused whose
motion to quash has been denied?
13) What if the accused still wants to question
the order of the Court denying his Motion to
Quash?
14) Appeal is not the proper remedy in case the
motion to quash is denied. There being no
appeal, if the accused still wants to question the
order denying the motion to quash, he must
resort to a Rule 65 Petition/Petition for Certiorari
under Rule 65. Nonetheless, before such petition
may be acted upon, two things need to be
alleged and shown, to wit:
15) By simply alleging and invoking the grounds
and requisites for a Rule 65 petition, is the
Court mandated to entertain such petition?
16) What is the prosecution’s remedy in case a
motion to quash is granted?
17) Appeal from the order granting the motion to
quash. This is applicable only if the motion to
quash is sustained on the grounds of
extinction of criminal liability and double
jeopardy. WHY???
18) Void and Defective Information
19) Rule on Supervening Facts (Rule 117 Sec. 7)
20) What is a provisional dismissal?
21) What are the requisites of a valid provisional
dismissal?
22) Why is the express consent of the accused
needed?
23) May the Offended Party oppose the granting
of a Provisional Dismissal?
24) May a provisional dismissal become
permanent?
25) A was charged before the Sandiganbayan with a
crime of plunder, a non-bailable offense, where
1) What is the nature of a pre-trial?
2) Purpose of Pre-trial
3) When is pre-trial held?
4) Duty of the Judge before pre-trial conference:
5) Pre-trial in Civil Cases Compared to Pre-
trial in Criminal Cases
6) Over-all Diagram of Mediation and Court
Proceedings
7) What should the Court do if plea bargaining
is agreed upon?
8) AM No. 12-8-8-SC or Judicial Affidavit Rule
(JAR)
9) Contents of Judicial Affidavits:
10) Section 3. Contents of Judicial Affidavit
11) Attestation Clause:
12) Section 4. Sworn Attestation of the Lawyer.
13) Application of JAR in criminal proceedings:
14) In criminal cases the application of the
Judicial Affidavit Rule as well as the time for
its submission are all provided for in Sec. 9 of
the Rule or AM No. 12-8-8-SC.
15) What is the effect of non-compliance with the
Judicial Affidavit Rule?
16) Pre-trial Agreement
17) What are the requisites of a valid pre-trial
agreement?
18) General Rule: Allegations must be proven.
19) Exception/ (What need not be proven):
20) May courts take judicial notice of foreign
laws?
21) How are foreign laws proven? (Rule 132 Sec.
24)
22) What are the modes of alternative dispute
resolution?
23) Proceedings before the Philippine Mediation
Center (PMC) / Court Annexed Mediation
(CAM)
24) What crimes may be the subject of
mediation(PMC)/JDR?
25) Pre-trial in Civil Cases Compared to Pre-
trial in Criminal Cases
26) Over-all Diagram of Mediation and Court
Proceedings

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