Rule 117 - Motion to Quash
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Rule 117 - Motion to Quash - Marcador
Rule 117 - Motion to Quash - Detalles
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Preguntas:
7 preguntas
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| When is the time to move to quash? (Sec. 1) | At any time before entering his plea, the accused may move to quash THE COMPLAINT OR INFORMATION. |
| What is the form and contents of a motion to quash? (Sec. 2) | It shall: 1) Be in writing; 2) Be signed by the accused or his counsel 3) Distinctly specify its factual and legal grounds |
| What should the court consider in a motion to quash? (Sec. 2) | GR: Only those stated in the motion. EXC: Lack of jurisdiction over the offense charged. |
| What are the grounds to quash the complaint or information? There are 9. (Sec. 3) | (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 of 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. |
| Can a motion to quash lead to an amendment of the complaint or information? Yes. How? Can the quashal be granted anyway? Yes. How? (Sec. 4) | 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. BUT 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. |
| What is the effect of sustaining the motion to quash? (Sec. 5) | GR: The court may order that another complaint or information be filed. EXC: Sec. 6 of this rule. GR: If the order is made, the accused, if in custody, shall NOT be discharged. EXC: Unless he is admitted to bail. If NO order is made or if having been made, no new informaiton is filed within the time specified in the order or within such further time as the court may allow for good cause - GR: The accused, if in custody, shall be discharged. EXC: Unless he is also in custody for another charge. |
| When cannot the court order another complaint or information be filed after sustaining a motion to quash? (Sec. 6) | GR: An order sustaining the motion to quash is not a bar to another prosecution for the same offense. EXC: If the motion is based on the grounds specified in Sec. 3(g) and (i) of this Rule: 3(g) - That the criminal action or liability has been extinguished. 3(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. |