Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
them to any website or the cloud. For comments, questions, corrections, or suggestions, email gtgalacio@yahoo.com
| [1] When may the accused move to quash the complaint or information? | At any time before entering his plea. (SEC. 1) |
| [2] Complete the following: SEC. 2. Form and contents.–The motion to quash shall be in writing, signed by the accused or his counsel and shall distinctly specify its _______________. The court shall consider no ground other than those stated in the motion, except ____________________. | SEC. 2. Form and contents.–The motion to quash shall be in writing, signed by the accused or his counsel and shall distinctly specify its factual and legal grounds. The court shall consider no ground other than those stated in the motion, except lack of jurisdiction over the offense charged. |
| [3] Complete the following: SEC. 3. Grounds.–The accused may move to quash the complaint or information on any of following grounds: (a) That the facts charged ___________; (b) That the court trying the case has ____________________; | SEC. 3. Grounds.–The accused may move to quash the complaint or information on any of 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; |
| [4] Complete the following: SEC. 3. Grounds.–The accused may move to quash the complaint or information on any of following grounds: (c) That the court trying the case has ___________________; (d) That the ________________ had no authority to do so; | (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; |
| Complete the following: SEC. 3. Grounds.–The accused may move to quash the complaint or information on any of following grounds: (e) That it does not __________ to the prescribed form; (f) That more than one offense is charged except ____________________; | (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; |
| [6] Complete the following: SEC. 3. Grounds.–The accused may move to quash the complaint or information on any of following grounds: (g) That the criminal action or liability has been __________; (h) That it contains averments which, if true, would constitute a _______________; and | (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 |
| [7] Complete the following: SEC. 3. Grounds.–The accused may move to quash the complaint or information on any of following grounds: (i) That the accused has been ____________________, or the case against him was dismissed or otherwise terminated ___________. | (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. |
| [8] What should the court do if the motion to quash is based on an alleged defect of the complaint or information that can be cured by amendment? | The court shall order that an amendment be made. (SEC. 4) |
| [9] What should the court do if the motion to quash is based on the ground that the facts charged do not constitute an offense? | The court will give the prosecution an opportunity to correct the defect by amendment. The court will grant the motion if the prosecution fails to make the amendment, or the complaint or information still suffers from the same defect despite the amendment. (SEC. 4) |
| [10] Complete the following: SEC. 5. Effect of sustaining the motion to quash.—If the motion to quash is sustained, the court may order that ________________ except as provided in section 6 of this Rule. If the order is made, the accused, if in custody, shall not be discharged unless ___________. If no order is made or if having been made, ________________ within the time specified in the order or within such further time as the court may allow for good cause, the accused, if in custody, shall be discharged unless ________________. | SEC. 5. Effect of sustaining the motion to quash.—If the motion to quash is sustained, the court may order that another complaint or information be filed except as provided in section 6 of this Rule. If the order is made, the accused, if in custody, shall not be discharged unless admitted to bail. If no order is made or if having been made, no new information is filed within the time specified in the order or within such further time as the court may allow for good cause, the accused, if in custody, shall be discharged unless he is also in custody for another charge. |
| [11] Under what circumstances is an order sustaining the motion to quash a bar to another prosecution? | If the motion was based on the following grounds in Section 3 (g) and (i): (g) That the criminal action or liability has been extinguished; (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. (SEC. 6) |
| [12] Complete the following: SEC. 7. Former conviction or acquittal; double jeopardy.—When an accused has been convicted or acquitted, or the case against him dismissed or otherwise terminated without his __________ by a court of __________, upon a valid complaint or information or other formal charge _______________ to sustain a conviction and after _______________, the conviction or acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for the offense charged, or for any __________ to commit the same or __________ thereof, or for any offense which ____________________ in the former complaint or information. | SEC. 7. Former conviction or acquittal; double jeopardy.—When an accused has been convicted or acquitted, or the case against him dismissed or otherwise terminated without his express consent by a court of competent jurisdiction, upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction and after the accused had pleaded to the charge, the conviction or acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for the offense charged, or for any attempt to commit the same or frustration thereof, or for any offense which necessarily includes or is necessarily included in the offense charged in the former complaint or information. |
| [13] Complete the following: However, the conviction of the accused shall not be a bar to another prosecution for an offense which necessarily includes the offense charged in the former complaint or information under any of the following instances: (a) the graver offense developed due to __________ arising from the same act or omission constituting the former charge; (b) the facts constituting the graver charge ___________________ in the former complaint or information; or (c) the plea of guilty to the lesser offense was made ____________________ except as provided in section 1(f) of Rule 116. In any of the foregoing cases, where the accused satisfies or serves in whole or in part the judgment, he shall be credited with the same in the event of conviction for the graver offense. | However, the conviction of the accused shall not be a bar to another prosecution for an offense which necessarily includes the offense charged in the former complaint or information under any of the following instances: (a) the graver offense developed due to supervening facts arising from the same act or omission constituting the former charge; (b) the facts constituting the graver charge became known or were discovered only after a plea was entered in the former complaint or information; or (c) the plea of guilty to the lesser offense was made without the consent of the prosecutor and of the offended party except as provided in section 1(f) of Rule 116. In any of the foregoing cases, where the accused satisfies or serves in whole or in part the judgment, he shall be credited with the same in the event of conviction for the graver offense. |
| [14] What are the requirements for a provisional dismissal? | (1) Express consent of the accused; and (2) notice to the offended party. (SEC. 8) |
| [15] When does the provisional dismissal of offenses punishable by imprisonment not exceeding six (6) years or a fine of any amount, or both, become permanent? | One (1) year after issuance of the order without the case having been revived. (SEC.8) |
| When does the provisional dismissal of offenses punishable by imprisonment of more than six (6) years become permanent? | Two (2) years after issuance of the order without the case having been revived. (SEC. 8) |
| SEC. 9. Failure to move to quash or to allege any ground therefor.—The failure of the accused to assert any ground of a motion to quash before he pleads to the complaint or information, either because he did not file a motion to quash or failed to allege the same in said motion, shall be deemed a waiver of any objections except those based on the grounds provided for in paragraphs (a), (b), (g), and (i) of section 3 of this Rule. What are these grounds under paragraphs (a), (b), (g), and (i)? | (a) That the facts charged do not constitute an offense; (b) That the court trying the case has no jurisdiction over the offense charged; (g) That the criminal action or liability has been extinguished; (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. |