REVISED RULES ON CRIMINAL PROCEDURE

RULE 117

Prepared by : Atty. George Henry

Manipon
University of the Cordilleras
 SECTION 1. Time to move to quash.
SECTION 2. Form and contents
SECTION 3. Grounds.
SECTION 4. Amendment of complaint or
information.
SECTION 5. Effect of sustaining the motion
to quash
SECTION 6. Order sustaining the motion to
MOTION TO QUASH quash not a bar to another prosecution;
exception.
SECTION 7. Former conviction or acquittal;
double jeopardy.
SECTION 8. Provisional dismissal.
SECTION 9. Failure to move to quash or to
allege any ground therefore.

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 • Black’s Dictionary defines QUASH as to
WHAT IS QUASH? overthrow ; to abate; to annul ; to
make void.

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 MOTION TO QUASH
A motion to quash is the mode by which an accused assails,
before entering his plea, the validity of the criminal complaint or
the criminal information filed against him for insufficiency on its
face in point of law, or for defect apparent on the face of the
information
(los baos vs. pedro, 1999)
 A SPECIAL PLEADING FILED BY
THE ACCUSE BEFORE ENTERING
HIS PLEA WHEREIN HE
HYPOTHETICALLY ADMITS THE NATURE OF A MOTION TO QUASH
TRUTH OF THE FACTS SPELLED
OUT IN THE
INFORMATION/COMPLAINT AT THE
SAME TIME THAT HE SETS UP A
MATTER WHICH, IF DULY PROVED,
WOULD PRECLUDE FURTHER
PROCEEDINGS

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 PROHIBITED MOTIONS. -
PROHIBITED MOTIONS SHALL
BE DENIED OUTRIGHT
BEFORE THE SCHEDULED
Guidelines on Continuous Trial (AM
ARRAIGNMENT WITHOUT
No. 15-06-10-SC)
NEED OF COMMENT AND/OR
OPPOSITION.
IV. MOTION TO QUASH
INFORMATION WHEN THE
GROUND IS NOT ONE OF
THOSE STATED IN SEC. 3,
RULE 117.
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 MERITORIOUS MOTIONS. –
MOTIONS THAT ALLEGE PLAUSIBLE
GROUNDS SUPPORTED BY RELEVANT
DOCUMENTS AND/OR COMPETENT
EVIDENCE, EXCEPT THOSE THAT ARE
ALREADY COVERED BY THE REVISED
GUIDELINES, ARE MERITORIOUS
MOTIONS, SUCH AS:
Guidelines on Continuous Trial (AM
II. MOTION TO QUASH WARRANT OF
No. 15-06-10-SC)
ARREST;
V. MOTION TO QUASH INFORMATION ON
THE GROUNDS THAT THE FACTS
CHARGED DO NOT CONSTITUTE AN
OFFENSE, LACK OF JURISDICTION,
EXTINCTION OF CRIMINAL ACTION OR
LIABILITY, OR DOUBLE JEOPARDY UNDER
SEC. 3, PAR. (A), (B), (G), AND ( I), RULE
117;
VII. MOTION TO QUASH SEARCH
WARRANT UNDER SEC. 14, RULE 126 OR
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MOTION TO SUPPRESS EVIDENCE;
 GENERAL RULE:
IN CRIMINAL PROCEDURE, THE
ACCUSED MAY MOVE TO QUASH
THE COMPLAINT OR
INFORMATION ANYTIME BEFORE
ENTERING THE PLEA.

SECTION 1. Time to move to EXCEPTION: ( RULE 117, SEC. 9) THE FOLLOWING GROUNDS MAY BE
USED IN MOTION TO QUASH EVEN AFTER PLEA:
quash.
(1) LACK OF JURISDICTION OVER THE OFFENSE CHARGED;

(2) EXTINCTION OF THE CRIMINAL ACTION OR LIABILITY;

(3) DOUBLE JEOPARDY; AND

(4) THE FACTS CHARGED DO NOT CONSTITUTE AN OFFENSE

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 THE COURT WILL NOT QUASH A
COMPLAINT OR INFORMATION
ON A GROUND THAT YOU DID
NOT CITE. THIS IS BECAUSE YOU
CAN WAIVE THIS RIGHT.

SECTION 1. Time to move to The only ground the court will consider
quash. moto propio, is lack of jurisdiction over
the offense charged, even if not raised in
the motion to quash. The theory is that:
“no amount of silence on the party of the
accused will grant the court jurisdiction
over the subject matter of the case.”
Jurisdiction over the subject matter is
conferred by law.

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 1. IT MUST BE IN WRITING;
2. IT MUST BE SIGNED BY THE ACCUSED OR HIS COUNSEL ;
3. IT MUST SPECIFY ITS FACTUAL AND LEGAL GROUNDS, AND
THE COURT WILL NOT CONSIDER ANY GROUND NOT STATED IN
THE MOTION.
SECTION 2. Form and
contents

Thus, any ground not alleged shall not be taken cognizance of

by the court; it is deemed waived, that he is deemed to have
desired these matters to be litigated upon in a full -blown trial.

The only ground that the court may consider motu propio, even
if not raised, is lack of jurisdiction over the offense charged.

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 SECTION 3. GROUNDS.
MOST OF THESE GROUNDS ARE WAIVABLE

(a) That the facts charged do not constitute an (f) That more than one offense is charged except when a
offense; single punishment for various offenses is prescribed by law;
(b) That the court trying the case has no
jurisdiction over the offense charged; (g) That the criminal action or liability has been extinguished;

(c) That the court trying the case has no (h) That it contains averments which, if true, would constitute
jurisdiction over the person of the accused; a legal excuse or justification; and

(d) That the officer who filed the information (i) That the accused has been previously convicted or
had no authority to do so; acquitted of the offense charged, or the case against him was
dismissed or otherwise terminated without his express
(e) That it does not conform substantially to the consent.
prescribed form;

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 How to know that the complaint or information do not constitute
an offense?
1ST GROUND: (A)
THAT THE FACTS - We look at the allegations in the complaint or information.
CHARGED DO NOT Whether the facts alleged would establish the essential elements
CONSTITUTE AN
OFFENSE; of the crime as defined by law.

- cannot be waived because there is no offense to be punished for

to speak of

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 LOPEZ VS. SANDIGANBAYAN
OCTOBER 13, 1995

HELD: “As a general proposition, a motion to quash on the ground

that the allegations of the information do not constitute the offense
charged, or any offense for that matter should be resolved on the basis
alone of said allegations whose truth and veracity are hypothetically
admitted. However, additional facts not alleged in the information,
admitted or not denied by the prosecution may be invoked in support
of the motion to quash.”
 2ND GROUND: (B) Jurisdiction over a criminal case is determined by the allegations
THAT THE COURT of the complaint.
TRYING THE CASE
HAS NO - Based on the penalty or place where the offense was
JURISDICTION OVER
THE OFFENSE committed – territorial jurisdiction
CHARGED; - Cannot be waived because it is conferred by law

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 Instances when the court has no jurisdiction:
3RD GROUND: (C) 1) the court has no jurisdiction to try the case because of
THAT THE COURT the penalty;
TRYING THE CASE 2) the court has no jurisdiction to try the offense because it
HAS NO
JURISDICTION OVER is committed in another place – territorial jurisdiction; or
THE PERSON OF THE 3) the court has no jurisdiction over the person of the
ACCUSED; accused because the latter has never been arrested and
never surrendered himself.

- Stated otherwise, the court acquires jurisdiction over the person of the accused only when
there was an arrest or the accused voluntarily surrenders or appears before the court
waivable

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 A valid information must be signed by a competent officer, which, among other
requisites, confers jurisdiction over the person of the accused and the subject
4TH GROUND: (D)
THAT THE OFFICER matter of the accusation.
WHO FILED THE
Thus, an infirmity in the information such as the lack of authority of the officer
INFORMATION HAD
NO AUTHORITY TO signing it cannot be cured by silence, acquiescence, express consent, or even
DO SO;
amendment (Cudia vs. CA, 1998).

Hence, when the officer is without authority to file the information, the trial court
cannot acquire jurisdiction over the case. A motion to quash will prosper.

Q: Who has the authority to file the case?

A: Prosecutor.

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 CUDIA VS. COURT OF APPEALS
JANUARY 16, 1998

HELD: “An infirmity in the information, such as lack

of authority of the officer signing it, cannot be cured by
silence, acquiescence, or even by express consent.”
 Refers to a duplicitous complaint or information
- the exception refers to special complex crimes (e.g. rape with homicide)
5TH GROUND: (E)
THAT IT DOES NOT If the accused fails to object to information or complaint before the trial, the court
CONFORM can convict him as many as the offenses charged
SUBSTANTIALLY
TO THE PRESCRIBED Rule 110
FORM; Under this rule, duplicity of offenses are not allowed

Rule 117
Waivable, therefore the offender may be convicted to as many offenses is charged
upon him.

This refers to a duplicitous complaint or information – when it charges more than one offense under
Rule 110, Section 13. It is not allowed. However under Rule 120, Section 3 it is waivable. If the accused
fails to object to it before trial, the court may convict him of as many offenses as are charged and
proved, and impose on him the penalty for each offense,

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 6TH GROUND: (F) First, the complaint or information must abide to the form prescribed in Rule 110.
THAT MORE THAN - Name of the accused, designation of the offense charge, acts and omissions
ONE OFFENSE IS constituting the same, time, place
CHARGED EXCEPT Further, the additional form prescribe in this rule is that of a certification is
WHEN A SINGLE required.
PUNISHMENT FOR - Provided in Rule 112
VARIOUS OFFENSES The prosecutor will certify that he/she has conducted the preliminary investigation,
IS PRESCRIBED BY and that the other party was given a chance to be heard.
LAW; When the other party was not given the chance to answer, it may be a ground for
dismissal of the case.
- waivable

You know very well the form of complaint or information. You go back to Rule 110 – you state the
time, the place, etc. then in Rule 112 a certification is required. The fiscal will certify that I have conducted
the preliminary investigation, etc. that is the form. The fiscal will certify that the other party has given the
chance to be heard. If the same was not afforded the accused, he can move to dismiss the case.

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 Q: How is criminal liability extinguished?
7TH GROUND: (G) A: Under Article 89 of the RPC:
THAT THE CRIMINAL 1) by death of the convict;
ACTION OR
LIABILITY HAS BEEN 2) by service of sentence;
EXTINGUISHED 3) by amnesty;
4) by absolute pardon;
5) by prescription of the crime;
6) by prescription of the penalty;

- Art. 89, RPC provides the rule on how is criminal liability is extinguished
- not waivable because, of course, the liability has already extinguished

- EXAMPLE: The information should be filed only within 5 years but the charge was filed on the 7th year. So you
can move to quash because the liability has already been extinguished by prescription.
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 8TH GROUND: (H) THAT IT
CONTAINS AVERMENTS WHICH, IF
TRUE, WOULD - (e.g. self-defense) information is admitting that the accused
CONSTITUTE A LEGAL EXCUSE OR
JUSTIFICATION has acte in self-defense. The prosecutor admits himself that
the accused acted in self-defense. Therefore, the information
admits the existence of a justifying circumstance

The complaint or information - Another example is insanity

contains averments which if true - But this is very rare
would show that the accused is NOT - waivable
liable.

That is what is meant by a

complaint or information which
contains averments which if true,
constitute a legal excuse or
justification.
 9TH GROUND: (I) THAT THE
ACCUSED HAS BEEN PREVIOUSLY
CONVICTED OR ACQUITTED OF
THE OFFENSE CHARGED, OR THE - (e.g. self-defense) information is admitting that the accused
CASE AGAINST HIM WAS
DISMISSED OR OTHERWISE has acte in self-defense. The prosecutor admits himself that
TERMINATED WITHOUT HIS
EXPRESS CONSENT. the accused acted in self-defense. Therefore, the information
admits the existence of a justifying circumstance

This is known as the defense - Another example is insanity

against double jeopardy. The double - But this is very rare
jeopardy as a ground for a motion to - waivable
quash is the most complicated
ground.
 DANGUILAN-VITUG VS. COURT OF APPEALS
232 SCRA 460 [1994]

FACTS: Danguilan was a columnist in a newspaper and was charged for libel for writing in a
column something which is discriminating. According to her the information should be quashed
because it was a privileged communication.

HELD: NO, it cannot be quashed because of “paragraph [g] of Section 3 Rule 117 which states that
the accused may move to quash the complaint or information where it contains averments which, if
true, would constitute a legal excuse or justification. Hence, for the alleged privilege to be a ground
for quashing the information, the same should have been averred in the information itself.”
Meaning, the information should admit that it is privileged in nature. If it is not stated there, then it
is not admitted.
 THE FOLLOWING ARE THE GROUNDS THAT ARE WAIVABLE:

1. The court has no jurisdiction over the person of the accused

2. The investigating officer who filed the complaint or information has no authority to do so

3. It does not conform substantially to the prescribed form

4. The information or complaint charges more than one offense

5. It contains averments that, if proven, constitute a legal excuse or justification

6. The accused has been convicted or acquitted of the offense charged, or his case has been otherwise
terminated without his express consent

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SEC. 4. AMENDMENT OF
COMPLAINT OR
INFORMATION.

If the motion to quash is based on:

A) An alleged defect of the complainant or information

which can be cured by amendment:
some of the grounds of a 1. The court shall not quash outright
2. It shall order that an amendment be made
motion to quash are harmless,
B) The ground that the facts charged do not constitute an
they are not fatal. They can be offense:
cured by amendments. 1. The court shall not quash the complaint or information
outright
2. It shall give the prosecution an opportunity to correct
the defect by amendment
The court shall grant the motion to quash the complaint or
information if:
1. The prosecution fails to make the amendment, or
2. The complaint or information still suffers from the same
defect despite the amendment
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 SEC. 5. EFFECT OF
SUSTAINING THE MOTION
TO QUASH

• Exception

General Rule: The court may An order sustaining the motion to quash is a bar to the filing

order that another complaint or of another complaint or information if the motion was based

information be filed on the grounds that:

• The criminal liability of the accused has been

extinguished, or

• The accused will be placed in double jeopardy

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 RATIONALE

1. As a general rule, all other grounds for motion to quash even if granted will not really be a total
victory for the accused. That is why some lawyers will never bother to file a motion to quash
anymore. This is because once you file it, the same case would be re-filed.
2. As a matter of fact, there are cases when it is not advisable to file a motion to quash unless there is
a serious reason. It is a matter of judgment. If you think it will not benefit you client, then do not file
it.
3. Like in preliminary investigation some lawyers will not submit to criminal investigation most
especially if they believe the fiscal will file because of probable cause. Better if I will not file so that
you will not know who are my witnesses or statements.

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 EFFECTS ON THE ACCUSED WHO IS IN CUSTODY:

1. If the court issues the order to file a new complaint or information:

1. And a new information is timely filed – he shall not be discharged unless admitted to bail

2. But no new information is filed within the time specified – he shall be discharged unless he is in custody for another charged

3. 2. If the court does not order that a new information be filed – he shall be discharged unless he is in custody for another cha rge

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 IN A 2006 CASE,

the court ruled that “ In cases falling under Sec. 5 of Rule 117, where the motion to
quash is sustained on grounds other than those stated in Sec. 6 of the same rule, the
trial court has the discretion to order the filing of another information within a
specified period which is extendible to such further time as the court may allow for
good cause.
 (GONZALES VS. HON. SALVADOR AND GLEN
DALE, 2006)

The order to file another information, if determined to be warranted by the

circumstances of the case, must be contained in the same order granting the motion
to quash. If the order sustaining the motion to quash does not order the filing of
another information, and said order becomes final and executory, then the court may
no longer direct the filing of another information ”
 SEC. 6. ORDER
SUSTAINING THE MOTION
TO QUASH NOT A BAR TO
ANOTHER PROSECUTION;
EXCEPTION. • General Rule: this shall not be a bar to another
prosecution for the same offense

Exception: This shall be a bar to another prosecution for the

same offense if the motion was based on the grounds that:
Effects when order to File another
• 1. that the criminal liability of the accused has been
complaint or information is made
extinguished under section 3(g);
by the court:
2. Double Jeopardy Section 3(i)

• Remember: When a case is quashed on the ground that the

criminal liability has been extinguished or the accused is
placed in double jeopardy, once it is quashed, it cannot be re -
filed.
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 SEC. 7. FORMER
CONVICTION OR
ACQUITTAL; DOUBLE
JEOPARDY.

• Q: Define jeopardy?
One important ground for a • A: Jeopardy is the peril in which a person is put when
motion to quash is Section 7 on he is regularly charged with a crime before a tribunal
double jeopardy which is also properly organized and competent to try him.
found in the Constitution – (Commonwealth vs. Fitzpatrick, 1 LRA 451)
Section 21, Article 3 on the Bill
of Rights.

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 (COMMONWEALTH VS. FITZPATRICK,
1 LRA 451)

Meaning, if a case is filed against you before a court which is competent to

try you, then from that moment, there is a risk, danger or peril. Everytime
there is peril, there is jeopardy. And after what happened to you, whether
you are acquitted or convicted or the case was dismissed without your
consent, later on ibalik ka naman in the second time around, ah hindi
puwede yan. It is inhuman to put you in jeopardy twice.
ed and competent to try him.
 Q: WHEN DOES THE FIRST
JEOPARDY ATTACH? - A.) WHAT ARE THE REQUISITES OF DOUBLE
AND
THE ACCUSED HAD PLEADED TO JEOPARDY IN ORDER TO ATTACH?
THE SAME.

A: It attaches when the following

requisites are present:
1. The former complaint or
information is valid;

2. It was filed in a court of

competent jurisdiction;

3. The accused had been arraigned

under said complaint or information;
 Q: IN WHAT INSTANCES MAY THE
ACCUSED INVOKE THE
PROTECTION OF DOUBLE
JEOPARDY?

A: In the following:

a. when the accused had been

previously convicted;
b. when the accused had been
previously acquitted; and
c. when the case against the accused
had been dismissed or otherwise
terminated without his express
consent.
 SEC. 8. PROVISIONAL
DISMISSAL.

A: In the following:

a. when the accused had been

previously convicted;
b. when the accused had been
previously acquitted; and
c. when the case against the accused
had been dismissed or otherwise
terminated without his express
consent.
 TIME-BAR RULE
What are the requisites for provisional dismissal?

1. Consent of the prosecutor;

It provides that the provisional dismissal of

2. Consent of the accused; and

a case shall become permanent without the 3.Notice to the offended party (Sec. 8).
case having been revived in the following
Note:
periods:

1. 1 year after issuance of the order If a case is provisionally dismissed, the failure to
of provisional dismissal – for offenses revive or reinstate the case within the periods set bylaw will
punishable by imprisonment not exceeding 6 make the dismissal permanent.
years or a fine of any amount, or both; and

2. 2 years after issuance of the order

of provisional dismissal – with respect to
offenses punishable by imprisonment
 Effect o failure to file a motion to quash or to allege
any Ground Therefor:

General Rule: It shall be deemed a waiver on the

part of the accused

Exceptions:

There is NO deemed waiver when the ground is

SEC. 9. FAILURE TO MOVE TO
QUASH OR TO ALLEGE ANY
GROUND THEREFORE. Lack of jurisdiction over the subject matter (sec. 3[a])

The information does not charge any offense (sec.

3[b])

The criminal liability has already been extinguished

(sec. 3 [g])

Double jeopardy (sec. 3[i])

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