RULE 117

MOTION TO QUASH - It is a special pleading filed by the accused wherein before entering his plea,
which hypothetically admits the allegation of the information and at the same time it will set up a matter
which is duly proved would preclude further proceedings.
- Also it is filed before arraignment or before the accused enters his plea.
- Hypothetical admission is the motion to quash will admit the truthfulness of the charge against the
accused but the motion to quash will set up a matter which if proven will preclude further proceedings
meaning the case will be dismissed.
The motion to quash is in the nature of motion to dismissed
PERIOD TO FILE A MOTION TO QUASH AN INFORMATION OR COMPLAINT
- Any time before the accused enter his plea, the accused may move to quash the information or
complaint.
INSTANCES WHERE A MOTION TO QUASH MAY BE FILED EVEN AFTER PLEA;
- The facts charged do not constitute an offense.
EXAMPLE - The information will alleged a series of acts or omissions which under the revised penal
code or under the special penal law is not a criminal offense or is not a crime after all then even after you
have entered your plea you can still file a motion to quash.
- Lack of jurisdiction over the offense charged.
EXAMPLE - The complaint filed is more than 6 years of imprisonment if the offense charge is
punishable with imprisonment for more than 6 years then the jurisdiction is with the Regional Trail Court
(RTC). Assuming that the prosecution filed the complaint before the Municipal Trail Court (MTC) or the
first level Court then the court has no jurisdiction over the offense charge.
- The criminal action or liability has been extinguished.
EXAMPLE - The prescription to file a complaint has already lapsed then the criminal liability has been
extinguished therefore even after the accused had already entered his plea he can still file a motion to
quash.
- Double jeopardy when the accused is vexed or being held to answer for an offense twice.
- Under the exception you can file a motion to quash even after the accused had already entered his plea.
WHO MAY FILE
- It is only the accused, the court may not grant the dismissal of a complaint without a motion by the
accused.
- The court is not authorized to file to motu propio initiate a motion to quash issuing an order requiring
why the information should not be questioned.
PURPOSE OF MOTION TO QUASH - The designated purpose of a motion to quash is to assail the
validity of a criminal information.
Also this is a special pleading because it sets into a question the validity of a criminal information.
- If the criminal information is not valid then there can be no proceedings that can be had. Automatically
the court will have to dismiss the case even prior to the presentation of evidence because a motion to
quash will hypothetically admit the allegation in the information.

GROUNDS FOR A MOTION TO QUASH THE COMPLAINT OR INFORMATION.

- That the facts charged do not constitute an offense.
- That the court trying the case has no jurisdiction over the offense charged.
- That the court has no jurisdiction over the person of the accused.
- That the officer who filed the information had no authority to do so.
- That the information does not conform substantially to the prescribed form.
- That more than one offense is charged except when a single punishment for various offense is
prescribed by law.
- That the criminal action or liability has been extinguished.
- That it contains various averments which if thru would constitute legal excuse or justification
- That the accused has been previously convicted or acquitted of the offense charged, or the case is
dismissed against him or otherwise terminated without his express consent.
NOTE: - The enumeration is exclusive meaning a motion to quash must contain any of these grounds
otherwise it will become unmeritorious.
GROUNDS FOR MOTIONS TO QUASH
- The facts charged do not constitute an offense that means that the allegations do not constitute a crime, a
criminal offense under the revised penal code or special penal law.
- Jurisdiction over the offense charged.
- Jurisdiction over the territory. (If the crime committed abroad then Philippine court will have no
jurisdiction over the territory because criminal law is territorial in nature.)
- Jurisdiction over the person of the accused. (This is acquired by voluntary appearance or voluntary
surrender or arrest of the accused.)
TEST OF THE COURT'S JURISDICTION
- In determining the jurisdiction of the court in criminal cases, you have to go to the extent of penalty for
which the law imposes on the misdemeanor crime or violation of the law charge.
TEST OF JURISDICTION- If you go in the jurisdiction of the court, to determine the whether the court
has jurisdiction over the subject matter of the offense then you have to go to the penalty imposable by the
court.
THE PERSON HAS AUTHORIZE TO FILE AND PROSECUTE CRIMINAL CASE:
a. Provincial fiscals and their assistance.
b. Chief state prosecutor and his deputes.
c. Tanod bayan and his deputies in special cases.
d. A lawyer appointed by the Secretary of the Justice.
INSTANCES WHERE THERE IS AN UNAUTHORIZED FILING OF INFORMATION:
1. Officer filing is irregularly appointed.
2. Officer filed the information without the approval by the head/Chief prosecutor.
3. Information is filed without the complaint in cases involving private crimes.
4. An affirmity in the information caused by the lack of authority of the officer signing it cannot be cured
by silence, acquiescence, or even by express consent.
5. Complaint or information does not conform to the prescribed.
PARDON:
-Generated by the chief executive.
-It is a private act which must be pleaded and proved by the person pardoned because the courts take no
notice of it.
-Generated to one after conviction.
-Relieves the offender from the consequences of the offense of which he is convicted.
AMNESTY:
-Proclaimed by the president, but it has to be with the concurrence of congress.
-It is a public act which the courts have to take judicial notice of.
-Granted to classes of person or communities who may be guilty of political offenses, generally before or
after the institution of the criminal prosecution and sometimes after conviction.
-Abolishes and puts into violation the offenses itself, it is as though the offense was never committed.
DOUBLE JEOPARDY:
• Elements of Double Jeopardy
It attaches only
(1) upon a valid indictment,
(2) before a competent court,
(3) after arraignment,
(4) when a valid plea has been entered, and
(5) when the defendant was convicted or acquitted , or the case was dismissed otherwise terminated
without the express consent of the accused.
MOTION TO QUASH VS. DEMURRER TO EVIDENCE
MOTION TO QUASH:
-Filed before the defendant enters his plea. –
Does not go into the merits of the case but is anchored on matters not directly related to the question of
guilt or innocence of the accused.
-Governed by the rule 117 of the rules of court.
-Does not require a prior leave of court.
DEMURRER TO EVIDENCE:
-Filed after the prosecution has rested its case.
-Based upon the inadequacy of the evidence adduced by the prosecution in support of the accusation.
-Governed by rule 119 of the rules of court.
-May be filed by the accused either with leave or without leave of court.
KINDS OF DOUBLE JEOPARDY:
1. No person shall be put twice in jeopardy for the same offense
2. When the act punished by a law and an ordinance, conviction or acquittal under either shall be a bar to
another prosecution for the same acts.

DISMISSAL VS. ACQUITTAL

DISMISSAL:
- Does not decide on the merits does not determine the defendants guilt or innocence.
- Double jeopardy will not always attach.
ACQUITTAL:
- Always based on the merits, Defendant is acquitted because guilt was not proven beyond reasonable
doubt.
- Double jeopardy always attaches.
RULES ON THE APPLICATION OF DOUBLE JEOPARDY STATE WITNESSED:
- An order discharging an accused as a state witnesses amounts to an acquittal, hence double jeopardy
will apply.
However if he fails or refuses to testify against his accused in accordance with his sworn statement.
2 TYPES OF DISMISSAL:
1. PROVISIONAL DISMISSAL
2. PERMANENT RULE ON PROVISIONIAL DISMISSAL OF A CASE:
-When the case was dismissed provisionally with the consent of the accused, he cannot invoke double
jeopardy in another prosecution therefore or where the case was reinstated on a motion for
reconsideration.
PERIOD WHEN PROVISIONAL DISMISSAL BECOMES PERMANET:
-The case is not revived within 1 year after the issuance of the order of provisional dismissed with respect
to offenses punishable by imprisonment not exceeding 6 years or a fine of any amount or both
-The case is Not revived within 2 years after issuance of the order of provincial dismissal with respect to
an offenses punishable by imprisonment of more than 6 years.
RECKONING PERIOD OF ONE OR TWO YEAR PERIOD FOR REVIVAL OF CRIMINAL CASE.
-The one or two year period allowed for reviving a criminal case that has been provisionally dismissed
shall be reckoned from the issuance of the order of dismissed.