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8.1. MOTION TO QUASH - Coggle Diagram
8.1. MOTION TO QUASH
IN GENERAL
When made
GR: Before the accused enters his plea
XPN: After the accused enters his plea if:
(1) The information charges no offense
(2) The trial court has no jurisdiction
(3) The penalty or the offense has been extinguished
(4) Double jeopardy has attached
Definition It is the mode by which an accused assails the validity of a criminal complaint or information filed against him for insufficiency on its face in point of law or for defects which are apparent in the face of the Information.
Formal requirements:
(1) In writing
(2) Signed by accused or his counsel
(3) Shall distinctly specify its legal and factual grounds
Who can file
- Only the accused can file a MTQ
- Nothing in the Rules authorizes the judge to motu proprio initiate a MTQ
XPN: People v. Nitafan: Substantial compliance
- Court required counsel to file a MTQ after such counsel orally moved to quash the Information.
- Also: There's no need to submit evidence to support the ground cited as the facts alleged was apparent and within judicial notice
Grounds alleged in a MTQ
(1) Those grounds stated in the Motion
(2) The ground of lack of jurisdiction over the offense charged, whether or not mentioned in the motion
PROCEDURE
1 ACCUSED files a MTQ
2 COURT ACTION: Trial court has 3 options:
(1) Order the Amendment of the Information
(2) Sustain the MTQ
(3) Deny the MTQ
Defects that are curable by amendment
(1) Facts charged do not constitute an offense
(2) Other defects that does not vest jurisdiction
Effect of failure to amend Information
- Court shall grant MTQ
- MTQ shall also be granted if the Information still suffers from the same defect despite amendment
Effect of sustaining a MTQ
- Court may order that another complaint or Information be filed
Effect of sustaining MTQ on custody of accused
GR: The accused will not discharged
XPN:
(1) Accused is admitted to bail
(2) No new complaint or information was filed within the time specified by the court
Remedy to a denial of a MTQ
- Since a MTC is an interlocutory order, it is not appealable and not a proper subject of a petition for certiorari
- Remedy: Proceed to trial
-XPN: Certiorari -- must be grounded on COMPELLING REASONS
-
Waiver of Objections
GR: Failure of the accused to assert any ground of a motion to quash before arraignment because he did not file a MTQ or failed to allege such ground in the MTQ shall be deemed a waiver of any objections
XPN: Information charges no offense, no jurisdiction, penalty or offense has been extinguished, double jeopardy
PROVISIONAL DISMISSAL
Requisites
(1) The prosecution, with the express conformity of the accused, or the accused or both moves for a provisional dismissal of the case
(2) Offended party is notified of the motion
(3) The Court issues an order granting the motion and dismissing the case provisionally
(4) The public prosecutor is served with a copy of the provisional dismissal of the case
How express consent is given
- It is given either:
(1) viva voce -- silence of the accused to the emotion does not amount to express consent
(2) in writing --Writing "no objection" or "with my conformity" in the motion counts as express consent
Notice requirement
- Purpose: To enable the offended party to seasonably and effectively comment on or object to the motion
- Grounds for objection on Motion for Provisional Dismissal:
(1) Collusion between prosecutor and accused
(2) Attempts to make witnesses unavailable
(3) The provisional dismissal would enable the accused to:
(a) Threaten or kill the offended party or witnesses
(b) Flee from PH jurisdiction
(c) Destroy prosecution's physical and other evidence
(d) Prejudice the right of the offended party to recover on civil liability
Revival of a case after provisional dismissal
GR: If requisites are complied with, the dismissal shall become permanent after:
(1) 1 year after prosecutor is notified -- for offenses punishable by imprisonment not exceeding 6 years or a fine or both
(2) 2 years -- for offenses punishable by imprisonment of more than 6 years
XPN: If the requisites are not satisfied, the time bar rule does NOT apply