Prosecution Exception. - An Order Sustaining The Motion To Quash Is Not A Bar To Another

RULE 117 Section 5.
Effect of sustaining the motion to quash. — If the motion to quash is sustained,

Motion to Quash 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
Section 1. Time to move to quash. — At any time before entering his plea, the accused unless admitted to bail. If no order is made or if having been made, no new information is
may move to quash the complaint or information. (1) 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. (5a)
Section 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 Section 6. Order sustaining the motion to quash not a bar to another
over the offense charged. (2a) 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. (6a)
Section 3. Grounds. — The accused may move to quash the complaint or information on
any of the following grounds:
Section 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
(a) That the facts charged do not constitute an offense; 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
(b) That the court trying the case has no jurisdiction over the offense charged; 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
(c) That the court trying the case has no jurisdiction over the person of the for any attempt to commit the same or frustration thereof, or for any offense which
accused; necessarily includes or is necessarily included in the offense charged in the former
complaint or information.
(d) That the officer who filed the information had no authority to do so;
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
(e) That it does not conform substantially to the prescribed form; information under any of the following instances:
(f) That more than one offense is charged except when a single punishment for (a) the graver offense developed due to supervening facts arising from the same
various offenses is prescribed by law; act or omission constituting the former charge;
(g) That the criminal action or liability has been extinguished; (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
(h) That it contains averments which, if true, would constitute a legal excuse or
justification; and (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
(i) That the accused has been previously convicted or acquitted of the offense 116.
charged, or the case against him was dismissed or otherwise terminated without
his express consent. (3a) 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
Section 4. Amendment of the complaint or information. — If the motion to quash is based offense. (7a)
on an alleged defect of the complaint or information which can be cured by amendment, the
court shall order that an amendment be made. (4a) Section 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.
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 provisional dismissal of offenses punishable by imprisonment not exceeding six (6)
The motion shall be granted if the prosecution fails to make the amendment, or the years or a fine of any amount, or both, shall become permanent one (1) year after issuance
complaint or information still suffers from the same defect despite the amendment. (n) 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.
(n)
Section 9. Failure to move to quash or to allege any ground therefor. — 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 based on the grounds provided for
in paragraphs (a), (b), (g), and (i) of section 3 of this Rule. (8)

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RULE 117 Section 5.

Effect of sustaining the motion to quash. — If the motion to quash is sustained,

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