Criminal Procedure

Atty. Ramon D. Facun

Criminal Action:
Rule 117 – Motion to Quash.
 We will learn under this Rule:
 1. Definition of Motion To Quash?
 2. Forms and Contents of motion to quash?
 3. What are the grounds of motion to quash?
 4. When to file a motion to quash?
 5. Effect of failure to file motion to quash?
 6. Double Jeopardy?
Criminal Action:
Rule 117 – Motion to Quash.
 We will learn under this Rule:
 7. Amendment of the Complaint or Information after motion
to quash?
 8. Effect of sustaining/granting motion to quash?
 9. Provisional Dismissal?
Motion To Quash:
Definition of a motion to quash.
 Motion to quash is the 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 complaint or information.

 The fundamental test in determining the sufficiency of the

material averments in the complaint or information is whether or
not the facts alleged therein, which are hypothetically
admitted, would establish the essential elements of the
crime defined by law.
Motion To Quash:
Forms 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 2 Rule 117 RoC)
Motion To Quash:
Grounds of motion to quash.
 The accused may move to quash the complaint or information on
any of the following grounds:

 1. That the facts charged do not constitute an offense; (Sec

3(a) Rule 117 RoC)
 2. That the court trying the case has no jurisdiction over the
offense charged; (Sec 3(b) Rule 117 RoC)
 3. That the court trying the case has no jurisdiction over the
person of the accused; (Sec 3(a) Rule 117 RoC)
Motion To Quash:
Grounds of motion to quash.
 4. That the officer who filed the information had no authority
to do so; (Sec 3(d) Rule 117 RoC)

 5. That it does not conform substantially to the prescribed

form; (Sec 3(e) Rule 117 RoC)

 6 That more than one offense is charged except when a

single punishment for various offenses is prescribed by law;
(Sec 3(f) Rule 117 RoC)
Motion To Quash:
Grounds of motion to quash.
 7. That the criminal action or liability has been extinguished;
(Sec 3(g) Rule 117 RoC)

 8. That it contains averments which, if true, would constitute

a legal excuse or justification; (Sec 3(h) Rule 117 RoC)

 9. 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 3(i) Rule 117 RoC)
Motion To Quash:
Time to file motion to quash.
 At any time before entering his plea,
 the accused may move to quash
 the complaint or information. (Sec 1 Rule 117 RoC)
Motion To Quash:
Failure to move to quash.
 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. (Sec 9 Rule 117
RoC)
Motion To Quash:
Not Waivable grounds:
 1. That the facts charged do not constitute an offense; (Sec
3(a) Rule 117 RoC)
 2. That the court trying the case has no jurisdiction over the
offense charged; (Sec 3(b) Rule 117 RoC)
 3. That the criminal action or liability has been extinguished;
(Sec 3(g) Rule 117 RoC)
 4. 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 3(i) Rule 117 RoC)
Motion To Quash:
Double Jeopardy.
 1. No person shall be twice put in jeopardy for the punishment for
the same offense. (Section 21, Article III, Phil Constitution)

 2. It dictates that when a person is charged with an offense, and

the case is terminated – either by an acquittal or conviction or in
any other manner dismissed without the consent of the accused
– the accused cannot be charged again with the same or an
identical offense.
Motion To Quash:
Conviction/Acquittal/Dismissed w/o Consent
- Double Jeopardy.
 1. 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,
Motion To Quash:
Conviction/Acquittal/Dismissed w/o Consent
- Double Jeopardy.
 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. (Sec 7 fist par Rule 117 RoC)
Motion To Quash:
Exception to Double Jeopardy.
 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
Motion To Quash:
Exception to Double Jeopardy.
 (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.
(7a)
Motion To Quash:
Amendment of the complaint or
information after motion to quash.
 1. 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. (Sec 4 first
par Rule 117 RoC)

 2. 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. (Sec 4 second par Rule 117
RoC)
Motion To Quash:
Amendment of the complaint or
information after motion to quash.
 3. 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 4 second par Rule 117
RoC)
Motion To Quash:
Effect of sustaining/granting 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 for another charge. (Sec 5 Rule 117 RoC)
Motion To Quash:
Not a bar for re-filing and exceptions.
 1. 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) [prescribe/extinguish] and (i) [double jeopardy]
of this Rule. (Sec 6 Rule 117 RoC)
Motion To Quash:
Provisional Dismissal.
 1. A case shall not be provisionally dismissed except
 with the express consent of the accused
 and with notice to the offended party. (Sec 8 first par Rule
117 RoC)
Motion To Quash:
Provisional Dismissal.
 2. 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. (Sec 8 second par first
sentence Rule 117 RoC)
Motion To Quash:
Provisional Dismissal.
 3. 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 8 second par first
sentence Rule 117 RoC)
Criminal Action:
Rule 117 – Motion To Quash.
 Any Question???
For Next Meeting (After Mid-Term):
 Codal:
 Rule 118 – Pre-Trial.
 Book/s:
 Judge Janice L. Andrade-Uoarbe
 Covering Rule 118 – Pre-Trial.
For Next Meeting:
 Cases for Digest and/or Discussion:
 Rule 118 – Pre-Trial
 GR 197056 - Zaldivar vs People
 GR 148000 – People vs Tac-an
 GR 169246 – People vs Guzman