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Grounds Motion To Quash


Section 3.

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)
   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.
































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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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