CRIMINAL

PROCEDURE

RULE 117
MOTION TO QUASH
 SECTION ONE
At any time before entering his plea, the accused may move to GENERAL RULE
quash the complaint or information.

Motion to quash must be made before the accused

enters his plea.

MOTION TO QUASH
Exception to the general rule
is the mode by which an accused assails the validity • the information charges no offense
of a criminal complain or information filed against • the trial has no jurisdiction
him for insufficiency on its face in point of law, or • the penalty of the offense has been extinguished
for defects which are apparent in the face of the • double jeopardy has attached
information.
SECTION TWO
The motion to quash shall be in writing, signed by the accused
and his counsel and shall be distinctly specify its factual and legal FORMAL
grounds. the courts shall consider no ground other than those in
the motion, except lack of jurisdiction over the offense charged.
REQUIREMENTS
The motion to quash shall be in writing signed by
the accused or his counsel, and shall specify
distinctly the factual and legal bounds thereof and
GROUNDS ALLEGED IN the Court shall consider no grounds other than those
THE MOTION stated therein, except lack of jurisdiction over the
offense of the charged.
• those grounds stated in the motion
• the ground of lack of jurisdiction over the offense
charged.
 SECTION THREE
The accused may move to quash the complaint or
information or any of the following grounds:

That more than one offense is charged except when a single

That the facts charged do not constitute an offense
1 5 punishment for various offense is prescribed by law.

That the court trying the case has no jurisdiction over the
2 That the criminal action or liability has been extinguished
offense charged 6

That the court trying the case has no jurisdiction over the That it contains averments which, if true, would constitute a
3
person of the accused legal excuse or justification; and
7

That the officer who filed the information had no authority to

4 That the accused has been previously convicted or acquited of
do so
the offense charged, or the case against him was dismissed or
8 otherwise terminated without his express consent.
That it does not conform substantially to the prescribed form
5

A complaint or information must state every single fact necessary to constitute the offense charged; otherwise a motion to
dismiss/quash on the groun that it charges no offense may properly sustain.
 LACK OF JURISDICTION OVER THE
OFFENSE CHARGED

Lack of jurisdiction of any law confering upon the court the power to inquire into the facts, to apply the
law and to declare the punishment for an offense in a regular course of judicial; proceeding.

States the:
• The name of the accused
• The designation of the offense given by the statute
• The acts or omissions complained of as constituting the offense
• Name of the party
• The approximate date of the commission of the offense
• The place where the offense was committed
LACK OF LACK OF DEFECTIVE
JURISDICTION JURISDICTION INFORMATION
OVER THE OVER THE
PERSON OF THE PERSON OF THE This ground for quashal
ACCUSED ACCUSED refers to a defect in the
information which is evident
on its face.
Jurisdiction over the accused Must be exhibited or presented
is acquired upon his request by the prosecuting attorney or
or voluntary appearance someone authorized by law, and
if it is not, the court does not
acquire jurisdiction.
FAILURE TO COMPLY
WITH REQUIRED

An information that fails to state the contents of the information

as required by the Rules and the absence of certification of the
public prosecutor under section 4, Rule 112 of the Revised
Rules of Criminal Procedure may be quashed on the ground that
it does not conform substantially to the prescribed form.
 COMPLEX
MORE THAN ONE CRIMES
OFFENSE IS
An information can be charged more than one offense when the
CHARGED law prescribes as single punishment for various offenses

The rules prohibit the filing of a duplicitous Types of complex crimes:

information to avoid confusing the accused in • Compound crimes
preparing his defense. • Complex crime proper
• Special complex crimes
Sec. 13 of Rule 110 of the Revised Rules of
Criminal Procedure provides that the complaint or Special complex crimes:
information must charge buy only one offense, • Robbery with homicide
except only in those cases in which existing laws • Robbery with rape
prescribe a single punishment for various offenses • Kidnapping with serious physical injuries
• Kidnapping with murder/homicide
• Rape with homicide
PRESCRIPTION
• The period of prescription for the offense charged
• The time the period of prescription starts to run
• The time the prescriptive period was interrupted

LEGAL EXCUSE OR
JUSTIFICATION
Accused may move to quash the complaint or information where it contains
averments which, if true, would constitute a legal excuse or justification (Sec 3(g) of
Rule 117).
 DOUBLE JEOPARDY

Existence of double jeopardy:

• A first jeopardy attached prior to the second
• 1st jeopardy has been validly terminated
• The 2nd is for the same offense as in the 1st
• The first jeopardy attaches only: after a valid indictment.

Before a competent court, after arraignment, when a valid plea has been entered, and when the
accused has been acquitted or convicted, or the case dismissed or otherwise terminated without
his express consent.
 Amendment of the complaint or information. — 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. (4a)

SECTION If it is based on the ground that the facts charged do not

constitute an offense, the prosecution shall be given by the

FOUR court an opportunity to correct the defect by amendment.

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.
 Effect of sustaining the 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

SECTION 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

FIVE 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.
SUSTAINING DENIAL OF
MOTION TO QUASH MOTION TO QUASH

If the motion is granted, the court may order that another The denial of the motion is not appealable as it
complaint be filed with exemptions covered by Section 6 of this is an interlocutory order. Upon the denial of
rule. The order is at the court’s discretion, with the specified the motion to quash, the trial will proceed as is.
period extendible as long as there is good cause for the court to
allow so.
 • By the death of the convict, as to the personal penalties
and as to pecuniary penalties, liability therefor is
SECTION SIX extinguished only when the death of the offender occurs
before final judgment;
Order sustaining the motion to quash not a bar to another
• By service of the sentence;
prosecution; exception. — An order sustaining the motion to quash
is not a bar to another prosecution for the same offense unless the • By amnesty, which completely extinguishes the penalty
motion was based on the grounds specified in section 3 (g) and (i) and all its effects;
of this Rule.
• By absolute pardon;
• By prescription of the crime;
• By prescription of the penalty;
• By the marriage of the offended woman, as provided in
BARRING FROM RE- Article 344 of this Code.144

FILING A COMPLAINT If a motion to quash is filed on the grounds of extinguishing

criminal liability or double jeopardy and is granted by the
Under the Revised Penal Code, criminal liability is totally
extinguished: court, the prosecution may no longer re-file the complaint.
 SECTION SEVEN

Former conviction or acquittal; double jeopardy. — 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, 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.

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:
 • the graver offense developed due to supervening facts arising from the same act or
omission constituting the former charge;
• the facts constituting the graver charge became known or were discovered only after a
plea was entered in the former complaint or information; or
• 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)
 WHAT IS JEOPARDY?

"Jeopardy" in the legal sense, is the "danger of conviction and punishment which the defendant
in a criminal action incurs when a valid indictment has been found..." The constitution does
not prohibit placing a person in jeopardy. What it prohibits is putting an accused in "double
jeopardy" in which he is put in danger of punishment for the same offense more than once.
WHAT ARE THE REQUISITES FOR THE
FIRST JEOPARDY TO ATTACH?

• A valid complaint of information

• The complaint should be filed before a court of competent jurisdiction
• The accused has pleaded to the charge
• the accused has been convicted or acquitted, or the case has been dismissed or
terminated without the consent of the accused.
 IDENTITY OF THE OFFENSES OR
ACTS CHARGED

Where the offenses charged are penalized either by different sections of the same
statute or by different statutes, the important inquiry relates to the identity of offenses
charged. In contrast, where one offense is charged under a municipal ordinance while
the other is penalized by a statute, the critical inquiry is to the identity of the acts
which the accused is said to have committed and which are alleged to have given rise
to the two offenses.
 EXCEPTIONS TO THE DOUBLE
JEOPARDY RULE

(a) The graver offense developed due to supervening (b) the facts constituting the graver charge became
facts arising from the same act or omission constituting known or were discovered only after a plea was entered
the former charge in the former complaint or information; or

Doctrine of supervening event or where, after the first The rule is that one who has been charged with an offense
prosecution a new fact supervenes for which the cannot be charge again with the same or identical offense
defendant is responsible, which changes the character of though the latter be lesser or greater than the former. This rule
the offense and, together with the facts existing at the of identity does not apply when the second offense was not in
time, constitutes a new and distinct offense, the accused existence at the time of the first prosecution, for the reason
cannot be said in second jeopardy if indicted for the new that in such case there is no possibility for the accused, during
the first prosecution, to be convicted for an offense that was
offense.
then inexistent.
EXCEPTIONS TO THE DOUBLE
JEOPARDY RULE

(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

Section 2, Rule 116 provides that the consent of both the fiscal and the offended
party is a condition precedent to a valid plea of guilty to a lesser offense. The
right against double jeopardy given to the accused in Section 2, Rule 116 of the
Rules of Court applies in cases where both the fiscal and the offended party
consent to the private respondent's change of plea.
SECTION EIGHT WHAT IS A
PROVISIONAL
Provisional dismissal. - A case shall not be provisionally dismissed
except with the express consent of the accused and with notice to the DISMISSAL
offended party.

The provisional dismissal of offenses punishable by imprisonment not

exceeding six (6) years or a fine of any amount, or both, shall become Provisional dismissal refers to those that are
permanent one (1) year after issuance of the order without the case temporary in character( to the dismissal that
having been revived. With respect to offenses punishable by are without prejudice to the refiling of the
imprisonment of more than six (6) years, their provisional dismissal case).
shall become permanent two (2) years after issuance of the order
without the case having been revived.
 COMPARISON: MOTION TO QUASH
AND PROVISIONAL DISMISSAL

A motion to quash is invariably filed by the accused. In The grounds for a motion to quash are specified under
1 3
contrast, a case may be provisionally dismissed at the Section 3, Rule117. In contrast, Section 8, Rule 117 does
instance of either the prosecution or the accused, or not state the grounds that lead to a provisional dismissal.
both.

The motion to quash shall be in writing, signed by the A motion to quash is allowed before the arraignment:
2 4 there may be a provisional dismissal of the case even
accused or his counsel and shall distinctly specify, its
factual and legal grounds. (Sec. 2, Rule117) when the trial proper is already underway provided the
required consents are present.

An order sustaining the motion to quash is not a bar to another prosecution for the same offense unless
5 the motion was based on the grounds specified in Section 3 (g) and (i) of rule 117. A dismissal under
section 8 I,e., one with the express consent of the accused is not intended to lead to double jeopardy as
provided under section 7, but nevertheless creates a bar to further prosecution under the special terms of
section 8.
 SECTION NINE

Failure to move to quash or to allege any ground therefore. - 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.