2. RULE 117 – MOTION TO QUASH
People vs. Odtuhan, G.R. No. 191566, July 17,
2013, citing Antone v. Beronilla
As defined in Antone, “a motion to quash
information 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.”
It is a hypothetical admission of the facts alleged
in the information. The fundamental test in
determining the sufficiency of the material
averments in an information is whether or not the
facts alleged therein, which are hypothetically
3. What is the period within which a motion to quash
may be filed?
At any time before entering the plea, the accused
may move to quash the complaint or information.
What are the form and contents of a motion to
quash?
The M2Q shall be in writing, signed by the accused
or his counsel and shall directly specify its factual
and legal grounds.
May a court consider a ground other than those
stated in the motion to quash?
4. May an oral motion to quash be considered by
the court?
G.R.: No. S2R117, a M2Q shall be in writing.
Exception: if the ground is lack of jurisdiction
over the offense charged and such lack of
jurisdiction is apparent from the evidence on
record.
Treas vs. People (2012)
A criminal court may consider motu proprio
lack of jurisdiction over the offense charged at
5. GROUNDS OF A MOTION TO QUASH
(1) The facts charged do not constitute an
offense
(2) The court trying the case has no jurisdiction
over the offense charged
(3) The court trying the case has no jurisdiction
over the person of the accused
(4) The officer who filed the information had
no authority to do so
(5) The complaint or information does not
conform substantially to the prescribed form
6. GROUNDS OF A MOTION TO QUASH
(6) More than one offense is charged except
when a single punishment for various offenses
is prescribed by law
(7) The criminal action or liability has been
extinguished
(8) The complaint or information contains
averments which, if true, would constitute a
legal excuse or justification
(9) The accused has previously been convicted
7. MOTION TO QUASH VS. DEMURRER TO
EVIDENCE
(a) As for time to file. A M2Q should be filed
before plea, while a D2E is filed after the
prosecution has rested its case
(b) As for grounds. A M2Q may be filed on any
of the grounds specified in S3 R117, while a
D2E is grounded on insufficiency of evidence
ALONE
(c) As for leave of court. Leave of court is not
required of a M2Q, while leave of court is
8. If the M2Q is sustained, should the accused
under custody be discharged?
It depends.
If the court orders that another
complaint or information be filed, the
accused, if in custody, shall not be
discharged unless admitted to bail.
If the quashal was based on extinction
of the criminal action/ liability or on
double jeopardy, the court may not
9. If the M2Q is sustained, should the accused
under custody be discharged?
If no order to file another complaint or
information is made, or if made but no
new complaint or information is filed
within the time specified in the order,
the accused, if in custody, shall be
discharged unless he is also in custody
for another cause.
10. Is the order sustaining the M2Q a bar to
another prosecution for the same offense?
No.
The exceptions-- if the M2Q is
grounded on
(1) Extinction of the criminal action or
liability, or
(2) Double jeopardy
