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Time To Move To Quash


Section 1. Time to move to quash

QUASHAL VS. NOLLE PROSEQUI:
   - The quashal of the complaint or information is different from a
     nolle prosequi, although both have one result, which is the
     dismissal of the case.

A nolle prosequi is initiated by the prosecutor while a quashal of
information is upon motion to quash filed by the accused.

A nolle prosequi is a dismissal of the criminal case by the
government before the accused is placed on trial and before he is
called to plead, with the approval of the court in the exercise of
its judicial discretion. It partakes of the nature of a nonuser or
discontinuance in a civil suit and leaves the matter in the same
condition in which it was before the commencement of the prosecution.
It is not an acquittal; it is not a final disposition of the case;
and it does not bar a subsequent prosecution for the same offense.

GENERAL RULE:
   - A motion to quash (MTQ) may be filed by the accused at any time
     before the accused enters his plea. Thereafter, no MTQ can be
     entertained by the court.

     EXCEPTION:
        - Under Sec. 9, Rule 117, which adopts the omnibus motion
          rule. This means that a MTQ may still be filed after
          arraignment on the ground (1) that the facts alleged in
          the information charge no offense, (2) that the court has
          no jurisdiction over the offense charged, (3) that the
          offense or penalty has prescribed, or (4) that the
          doctrine of double jeopardy precludes the filing of the
          information.

Right to File MTQ Belongs Only to the Accused.
   - There is nothing in the rules which authorizes the court or
     judge to motu proprio initiate a MTQ by issuing an order
     requiring why the information may not be quashed on the ground
     stated in said order.



Section 2. Form and contents

REQUIRED FORM OF MTQ
1. It must be in writing
2. It must be signed by the accused OR his counsel
3. It must specify the factual and legal grounds on which it is based.

NOTE: Generally, the court cannot consider any other ground other
than those specifically stated in the motion to quash, EXCEPT when
the ground for quashal is lack of jurisdiction over the offense
charged. If this is the ground for dismissing the case, it need not
be alleged in the MTQ because it goes into the very competence of
the court to pass upon the case.






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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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