Grounds Motion To Quash
Grounds Motion to Quash
Section 3. Grounds. — The accused may move to quash the complaint or information on any of the following grounds:
(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 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. (3a)
GROUNDS FOR MOTION TO QUASH
1. Facts charged do not constitute an offense
2. Court trying the case has no jurisdiction over the offense charged
3. Court trying the case has no jurisdiction over the person of the accused
4. Officer who filed the information had no authority to do so
5. Information does not conform substantially to the prescribed form
6. That more than one offense is charged (duplicitous information)
7. Criminal action or liability has been extinguished
8. Information contains averments which, if true, would constitute a legal excuse or justification
9. double jeopardy
NOTE: the grounds enumerated in this section are the EXCLUSIVE grounds for a MTQ.
Facts Alleged Do Not Constitute an Offense
- The test to determine if the facts charged constitute an offense is to determine Whether Or Not (WON) all the essential elements of the crime have been alleged.
The trial court should limit its inquiry to:
- the averments in the information (these are deemed hypothetically admitted);
- facts admitted by the prosecution; and
- Indubitable facts.
The fact that the allegations in the complaint or information are vague or broad, is not generally a ground for a motion to quash, the remedy being to file a motion for bill of particulars.
Lack of Jurisdiction over the Person
- The inclusion of other grounds other than lack of jurisdiction over the person of the accused in an MTQ does not amount to voluntary submission or a waiver of such ground.
Officer Filing the Information Had No Authority
- The prosecutor who signed the information must have territorial jurisdiction to conduct the preliminary investigation of the offense, otherwise the information filed by him would be invalid and can be quashed on such ground.
Lack of authority of the officer is not cured by silence, acquiescence or express consent or even by amendment.
Legal Excuse or Justification
- The term “legal excuse or justification” only includes exempting circumstances and NOT justifying circumstances. Justifying circumstances such as self-defense or defense of a stranger is a matter of defense that must be proven in trial.
How Criminal Liability Is Extinguished
1. Death of the accused, but as to pecuniary penalties, liability therefor is extinguished only if death occurs before final judgment
2. Amnesty
3. Marriage of the offended woman, as stated in Art 344 of the RPC
4. Prescription of the crime
5. Service of sentence
6. Absolute pardon
7. Prescription of penalty
How Criminal Liability Is Partially Extinguished
1. Conditional pardon
2. Commutation of sentence
3. Allowances earned for good conduct while serving sentence
Amnesty vs. pardon
1. Amnesty - Given for political crimes
Pardon - Given for common crimes
2. Amnesty - Given to a class of persons
Pardon - Given to an individual
3. Amnesty - Needs concurrence of Congress
Pardon - Concurrence of congress not needed
4. Amnesty - Beneficiary need not accept (but must admit to being
a part of the class granted amnesty)
Pardon - Distinct acts of acceptance needed if pardon is conditional
5. Amnesty - Courts take judicial notice of amnesty (need not be proved in court or may be proven even if not alleged)
Legal Excuse or Justification
- The term “legal excuse or justification” only includes exempting circumstances and NOT justifying circumstances. Justifying circumstances such as self-defense or defense of a stranger is a matter of defense that must be proven in trial.
How Criminal Liability Is Extinguished
1. Death of the accused, but as to pecuniary penalties, liability therefor is extinguished only if death occurs before final judgment
2. Amnesty
3. Marriage of the offended woman, as stated in Art 344 of the RPC
4. Prescription of the crime
5. Service of sentence
6. Absolute pardon
7. Prescription of penalty
How Criminal Liability Is Partially Extinguished
1. Conditional pardon
2. Commutation of sentence
3. Allowances earned for good conduct while serving sentence
Amnesty vs. pardon
1. Amnesty - Given for political crimes
Pardon - Given for common crimes
2. Amnesty - Given to a class of persons
Pardon - Given to an individual
3. Amnesty - Needs concurrence of Congress
Pardon - Concurrence of congress not needed
4. Amnesty - Beneficiary need not accept (but must admit to being
a part of the class granted amnesty)
Pardon - Distinct acts of acceptance needed if pardon is conditional
5. Amnesty - Courts take judicial notice of amnesty (need not be proved in court or may be proven even if not alleged)
Pardon - Courts do not take judicial notice of pardon (must be proved in court)
6. Amnesty - Abolishes the offense (looks backward)
Pardon - Relieves the offender of liability (looks forward)
7. Amnesty - Granted before or after prosecution
Pardon - Granted only after conviction
Rules on Prescription
- The period of prescription of violation of special laws or offenses not penalized by the Revised Penal Code but by special laws, and municipal ordinances is governed by Act No. 3326 which took effect on December 4, 1926.
Where an accused has been found to have committed a lesser offense includible within the offense charged, he cannot be convicted of the lesser offense if it has already prescribed. To hold otherwise would be to sanction the circumvention of the law on prescription by the simple expedient of accusing the defendant of the graver offense.
The rule that if the last day falls on a Sunday or a holiday, the act can still be done the following day does not apply to the computation of the period of prescription of a crime, in which the rule is that
if the last day in the period of prescription of a felony falls on a Sunday or legal holiday, the information concerning said felony cannot be filed on the next working day, as the offense has by then already prescribed.
The period of a continuing crime’s prescription is counted from the latest or last act constituting the series of acts continuing the single crime.
The prescriptive period of offenses penalized by special laws and ordinances is interrupted only by the filing of complaint or information in court. This is without distinction as to whether the cases are covered by the Rule on Summary Procedure.
The period of prescription does not run when the offender is absent from the Philippines.
Rule on Contentious Motions
- Contentious motions in criminal cases must comply with the requirements that they be set for hearing at a specified date with prior notice to the adverse party or the prosecutor at least 3 days before the hearing, the notice of hearing should be addressed to adverse counsel or the prosecutor, and proof of
service of the motion upon the adverse party or prosecutor at least 3 days prior to such hearing. This is mandatory.
6. Amnesty - Abolishes the offense (looks backward)
Pardon - Relieves the offender of liability (looks forward)
7. Amnesty - Granted before or after prosecution
Pardon - Granted only after conviction
Rules on Prescription
- The period of prescription of violation of special laws or offenses not penalized by the Revised Penal Code but by special laws, and municipal ordinances is governed by Act No. 3326 which took effect on December 4, 1926.
Where an accused has been found to have committed a lesser offense includible within the offense charged, he cannot be convicted of the lesser offense if it has already prescribed. To hold otherwise would be to sanction the circumvention of the law on prescription by the simple expedient of accusing the defendant of the graver offense.
The rule that if the last day falls on a Sunday or a holiday, the act can still be done the following day does not apply to the computation of the period of prescription of a crime, in which the rule is that
if the last day in the period of prescription of a felony falls on a Sunday or legal holiday, the information concerning said felony cannot be filed on the next working day, as the offense has by then already prescribed.
The period of a continuing crime’s prescription is counted from the latest or last act constituting the series of acts continuing the single crime.
The prescriptive period of offenses penalized by special laws and ordinances is interrupted only by the filing of complaint or information in court. This is without distinction as to whether the cases are covered by the Rule on Summary Procedure.
The period of prescription does not run when the offender is absent from the Philippines.
Rule on Contentious Motions
- Contentious motions in criminal cases must comply with the requirements that they be set for hearing at a specified date with prior notice to the adverse party or the prosecutor at least 3 days before the hearing, the notice of hearing should be addressed to adverse counsel or the prosecutor, and proof of
service of the motion upon the adverse party or prosecutor at least 3 days prior to such hearing. This is mandatory.
Bar Exam Question (2003)
Information; Bail (2003)
After the requisite proceedings, the Provincial Prosecutor filed an Information for homicide against X. The latter, however, timely filed a Petition for Review of the Resolution of the Provincial Prosecutor with the Secretary of Justice who, in due time, issued a Resolution reversing the resolution of the Provincial Prosecutor and directing him to withdraw the Information. Before the Provincial Prosecutor could comply with the directive of the Secretary of Justice, the court issued a warrant of arrest against X. The Public Prosecutor filed a Motion to Quash the Warrant of Arrest and to Withdraw the Information, attaching to it the Resolution of the Secretary of Justice. The court denied the motion.
a) Was there a legal basis for the court to deny the motion?
b) If you were the counsel for the accused, what remedies if any, would you pursue?
Suggested Answer:
a) Yes, there is a legal basis for the court to deny the motion to quash the warrant of arrest and to withdraw the information. The court is not bound by the Resolution of the Secretary of Justice. (Crespo v. Mogul, 151 SCRA 462 [1987]).
b) If I were the counsel for the accused, I would surrender the accused and apply for bail because the offense is merely homicide, a non-capital offense. At the pre-trial, I would make a stipulation of facts with the prosecution which would show that no offense was committed.
Bar Exam Question (2005)
Information; Motion to Quash (2005)
Rodolfo is charged with possession of unlicensed firearms in an Information filed in the RTC. It was alleged therein that Rodolfo was in possession of two unlicensed firearms: a .45 caliber and a .32 caliber. Under Republic Act No. 8294, possession of an unlicensed .45 caliber gun is punishable by prision mayor in its minimum period and a fine of Php 30.000.00, while possession of an unlicensed .32 caliber gun is punishable by prision correctional in its maximum period and a fine of not less than Php 15,000.00. As counsel of the accused, you intend to file a motion to quash the Information. What ground or grounds should you invoke? Explain.
Suggested Answer;
The ground for the motion to quash is that more than one offense is charged in the information. (Sec. 3[f], Rule 117, 2000 Rules of Criminal Procedure) Likewise, the RTC has no jurisdiction over the second offense of possession of an unlicensed .32 caliber gun, punishable by prision correctional in its maximum period and a fine of not less than Php 15.000.00. It is the MTC that has exclusive and original jurisdiction over all offenses punishable by imprisonment not exceeding six
years. (Sec. 2, R.A. No. 7691, amending B.P. Blg.
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