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Title VIII - Crimpro - H. Motion to Quash (Rule 117) - Coggle Diagram
Title VIII - Crimpro - H. Motion to Quash
(Rule 117)
1. Grounds
- Any of the grounds not alleged in the motion to quash are deemed waived. (People v. Tabio)
PROCEDURE
OPTIONS OF COURT
- Court may order the following
2. Demurrer to Evidence v. Quashal
6. Provisional Dismissal (RoC 117 S. 8)
- This contemplates the filing of a motion to dismiss, not motion to withdraw an information.
5. Double Jeopardy
a. Res Judicata in Prison Grey
- Essentially, double jeopardy.
Waiver of Double Jeopardy
Estoppel in relation to plea of double jeopardy
Failure to Object to Amendment of Information
- Serves as express consent that bars right against double jeopardy from arising.
Definition
- Res Judicata has two aspects
Barred by Prior Action
- In other cases, the judgment or final order is, with respect to the matter directly adjudged or as to any other matter that could have been raised in relation thereto, conclusive between the parties and their successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing and under the same title and in the same capacity;
The judgment or decree of a court of competent jurisdiction concludes the litigation between the parties and their successors or privies and bars a new action or suit involving the same cause of action
Conclusiveness of Judgment
- issue has already been passed upon by a court of competent authority and such judgment on such issue has already attained finality
General Rule
- Res Judicata cannot be applied in criminal cases as it is a civil concept. (Co v. People)
ELEMENTS (Braza v. Sandiganbayan)
Valid indictment (Complaint or Information)
Made Before a competent court with jurisdiction
Arraignment of the accused
Valid Plea
Acquittal or conviction of the accused or, the dismissal or termination of the case against him without his express consent.
Appeal
- Any appeal XCPT certiorari 65 violates the right against double jeopardy.
SUFFICIENCY OF COMPLAINT OR INFORMATION (Cudia v. CA)
- Any defect in form or substance will prevent first jeopardy from attaching. This extends to even lack of authority to file the information on the part of the officer who did so.
OFFENSE CHARGED (RoC 117 S. 7) -
Necessarily includes any lesser offense included in the offense charged as well as other stages of consummation.
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COURT WITH COMPETENT JURISDICTION (Zapatos v. People)
- This applies even after the accused has already been arraigned before a court with no jurisdiction.
EXCEPTIONS (RoC 117 S. 7)
Graver offense developed due to supervening facts arising fromt he same act or omission constituting the former charge
Facts constituting the graver charge became known or were discovered only after a plea was entered int he former complaint or information
The plea of guilty to a lesser offense was made of the prosecutor and of the offended party XCPN (Plea-Bargaining)
ARRAIGNMENT AND PLEA
- Must comply with the procedures in Rule 116. A void plea prevents jeopardy from attaching even if a void plea-bargaining has been entered into a decision was already promulgated. (People v. Magat)
JURISPRUDENCE
People v. Balisacan
- Plea of guilty --> Later changed testimonies into self-defense.
SC held that the court should have vacated the initial plea and entered a plea of not guilty. Failure to do so lead to an invalid trial. Thus, no first jeopardy attached.
ACQUITTAL/CONVICTION/DISMISSAL WITH NO EXPRESS CONSENT
-
Finality of Acquittal
- A verdict of acquittal is immediately final, and re-examination of the merits of the acquittal even on appeal will invoke the right to double jeopardy. (People v. CA)
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CONVICTION
- May be appealed by the accused but cannot be charged twice for the same offense. An appeal is a waiver of the right to double jeopardy. (People v. Caraang)
TERMINATION/DISMISSAL
- For dismissal to bar, it must be unconditional and terminates the case. It must have the effect of an acquittal.
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7. Bill of Particulars
- Clarificatory motion. As opposed to quashal which moves to junk the information filed.
When Filed
- Filed before plea. When allegations in an information are vague or indefinite.
Presumption
- Presupposes a valid information that charges and offense but averments vague such that it does not sufficiently inform the accused to allow him to prepare for his pea.
Denial
- Denial of particular does not bar motion to quash.
REQUISITES
Express Consent of the Accused
Notice to the offended party
EFFECTS
- Provides a time bar after the lapse of which no further criminal action may be taken against the accused.
LESSER OFFENSES
- For offenses punishable with (6) years or less or a fine of any amount shall become permanent (1) year after the issuance of the court order
GRAVER OFFENSES
- For offenses punishable with more than (6) years or less shall become permanent (2) year after the issuance of the court order
ADDITIONAL RULES
(AM 12-11-2)
DELAY DUE TO WITNESS WHOSE WHEREABOUTS ARE KNOWN
- Delays are due to absence of an essential witness whose presence cannot be obtained by due diligence though his whereabouts are known, provisional dismissal with the express consent of the detained accused provided that:
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DELAY DUE TO ABSENCE OF WITNESS WHOSE WHEREABOUTS ARE UNKNOWN
- If whereabouts unknown or cannot be determined provisional dismissal with express consent of the detained accused.
WITHDRAWAL OF INFORMATION (Torres v. Aguinaldo)
- A provisional dismissal is not a withdrawal for information. This is filed by the prosecution without prejudice to the re-filing of the information upon re-investigation.
EFFECT OF NON-COMPLIANCE
- Time bar rule shall not begin. Thus, action may be revived at any time.
EFFECT ON PRESCRIPTION
- Provisional dismissal after the time-bar amounts to a waiver of the right of the State to its right to revive the case and prosecute the accused. (People v. Lacson)
4. Exception to rule that sustaining motion is not a bar to another prosecution (People v. Odtuhan)
- XCPN Double Jeopardy & Extinction of Criminal Liability
QUASH
Motion to quash is filed before the accused enters a plea.
Motion to quahs does not require a prior leave of court
Grounds for motion to quash are enumerated under Rule 117
Quash is based solely on the matters alleged on the face of the complaint or information
Quashal does not necessarily mean dismissal of the case, also generally not a bar to another prosecution (XCPN Double Jeopardy & Extinction of Criminal Liability)
DEMURRER
Demurrer is filed after the prosecution rests its case
Demurrer to evidence may be filed by the accused either with leave or without leave of court.
Demurrer is filed oslely for insufficiency of evidence, which is not grounds for quashal.
Demurrer to evidence is predicated on matters outside of the complait or information
Demurrer amounts to an acquittal. Thus, double jeopardy applies (XCPN GAD and Denial of due process to prosecution)
AMENDMENT OF THE INFORMATION (117 S. 4)
- If the motion to quash is based on a defect in the information and the same can be cured, court shall order that an amendment be made.
SUSTAIN THE MOTION TO QUASH
- the information is thrown out. However, this shall not be a bar to the filing of a new information/complaint unless the grounds for the quashal are extinction of criminal liability or double jeopardy. (De Lima v. Guerrero)
DENY THE MOTION TO QUASH
- Results in the continuation of the trial. (Maximo v. Villapando)
INTERLOCUTORY (Cagang v. Sandiganbayan)
- A denial of a motion to quash is an interlocutory order and not appealable unless certiorari for GAD
FORM (117 S. 2)
Motion Shall be in Writing
Shall be signed by the accused or his counsel
Motion shall distinctly specify the factual and legal grounds thereof
WHEN FILED (117 S. 1)
- May be made at any time before the accused enters his plea.
Exceptions
- Grounds that cannot be waived:
Facts charged do not constitute an offense
Court trying the case has no jurisdiction over the offense charged.
Criminal action or liability has been extinguished
Double Jeopardy
Facts Charged do not constitute an offense (Lazarte v. Sandiganbayan)
- The test for sustaining a motion to quash is the sufficiency of the averments in the information; whether the facts alleged if admitted would establish the essential elements of the offense as defined by the law without considering outside evidence.
Double Jeopardy
Where Court has no Jurisdiction
No Authority to file information
People v. Garfin
- Lack of Authority can be raised after arraignment
Maximo v. Villapando -
Despite certification, defective information due to lack of authority to file the same can be grounds to file motion to quash. Jurisdictional infirmity cannot be waived.
Cudia v. CA
- Information when required by law to be filed by a public prosecuting officer no jurisdiction if not complied. If lack of jurisdiction may be raised at any stage of the proceeding.
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General Rule -
If court has no jurisdiction can be raised at any point in the procedings, even after arraignment.
Defect based on Information
- can be cured by amendment.
(a) That the facts charged do not constitute an offense;
(b)
That the court trying the case has no jurisdiction over the offense charged;
(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 for 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.
Non-Compliance with Lupon (Lansangan v. Caisip)
- Under rules on summary proceedings, non-referral to lupon for barangay conciliation prcoeedings is a ground for a motion to quash.
Effect of Failure to Raise - may be waived, as non-compliance with a condition precedent does not lead to trial court losing jurisdiction.
NOT GROUNDS FOR A MOTION TO QUASH
Absence of Probable Cause
- Dismissal of the case instead is proper
Absence of a Preliminary Investigation
- Proper remedy is to remand the information for reinvestigation
Execution of Affidavit of Desistance
Matters of Defense
- Exception, double jeopardy or extinguishment of criminal liability
NATURE
- Hypothetical admission of the facts alleged in the information.
OTHER EVIDENCE
- Should not be considered in the resolution of a motion to quash.