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RULE 117 Motion To Quash

This document outlines the rules regarding a motion to quash a complaint or information in a criminal case. It discusses when the motion can be filed, the required form and contents, the permissible grounds for quashing, procedures for amending complaints, the effects of sustaining a motion to quash, exceptions for double jeopardy, and waiver of objections if no motion is filed.

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Kristanne Louise Yu
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138 views

RULE 117 Motion To Quash

This document outlines the rules regarding a motion to quash a complaint or information in a criminal case. It discusses when the motion can be filed, the required form and contents, the permissible grounds for quashing, procedures for amending complaints, the effects of sustaining a motion to quash, exceptions for double jeopardy, and waiver of objections if no motion is filed.

Uploaded by

Kristanne Louise Yu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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RULE 117 - MOTION TO QUASH

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

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 lack of jurisdiction
over the offense charged.

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 person of 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.

Sec. 4. Amendment of complaint or information. – If the motion to quash is based on an


alleged defect of the complaint or information which can be cured by amendment, the
court shall order that an amendment be made.

If it is based on the ground that the facts charged do not constitute an offense, the
prosecution shall be given by the court an opportunity to correct the defect by
amendment. The motion shall be granted if the prosecution fails to make the amendment,
or the complaint or information still suffers from the same defect despite the amendment.

Sec. 5. Effect of sustaining the motion to quash. – If the motion to quash is sustained, the
court may order that another complaint or information be filed except as provided in
section 6 of this rule. If the order is made, the accused, if in custody, shall not be
discharged unless admitted to bail. If no order is made or if having been made, no new
information is filed within the time specified in the order or within such further time as
the court may allow for good cause, the accused, if in custody, shall be discharged unless
he is also in custody of another charge.

Sec. 6. Order sustaining the motion to quash not a bar to another prosecution; exception.
– An order sustaining the motion to quash is not a bar to another prosecution for the same
offense unless the motion was based on the grounds specified in section 3 (g) and (i) of
this Rule.

Sec. 7. 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 a
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.

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.

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 offenses 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.

Sec. 9. Failure to move to quash or to allege any ground therefore. – 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.

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