Good Day Atty.! Thank you for this video lecture. This is the summary of what I’ve learn; RULE 117 MOTION TO QUASH - It is a special pleading filed by the accused wherein before entering his plea, which hypothetically admits the allegation of the information and at the same time it will set up a matter which is duly proved would preclude further proceedings. - Also it is filed before arraignment or before the accused enters his plea. - Hypothetical admission is the motion to quash will admit the truthfulness of the charge against the accused but the motion to quash will set up a matter which if proven will preclude further proceedings meaning the case will be dismissed. The motion to quash is in the nature of motion to dismissed PERIOD TO FILE A MOTION TO QUASH AN INFORMATION OR COMPLAINT - Any time before the accused enter his plea, the accused may move to quash the information or complaint. INSTANCES WHERE A MOTION TO QUASH MAY BE FILED EVEN AFTER PLEA; - The facts charged do not constitute an offense. EXAMPLE - The information will alleged a series of acts or omissions which under the revised penal code or under the special penal law is not a criminal offense or is not a crime after all then even after you have entered your plea you can still file a motion to quash. - Lack of jurisdiction over the offense charged. EXAMPLE - The complaint filed is more than 6 years of imprisonment if the offense charge is punishable with imprisonment for more than 6 years then the jurisdiction is with the Regional Trail Court (RTC). Assuming that the prosecution filed the complaint before the Municipal Trail Court (MTC) or the first level Court then the court has no jurisdiction over the offense charge. - The criminal action or liability has been extinguished. EXAMPLE - The prescription to file a complaint has already lapsed then the criminal liability has been extinguished therefore even after the accused had already entered his plea he can still file a motion to quash. - Double jeopardy when the accused is vexed or being held to answer for an offense twice. - Under the exception you can file a motion to quash even after the accused had already entered his plea. WHO MAY FILE - It is only the accused, the court may not grant the dismissal of a complaint without a motion by the accused. - The court is not authorized to file to motu propio initiate a motion to quash issuing an order requiring why the information should not be questioned. PURPOSE OF MOTION TO QUASH - The designated purpose of a motion to quash is to assail the validity of a criminal information. Also this is a special pleading because it sets into a question the validity of a criminal information. - If the criminal information is not valid then there can be no proceedings that can be had. Automatically the court will have to dismiss the case even prior to the presentation of evidence because a motion to quash will hypothetically admit the allegation in the information. GROUNDS FOR A MOTION TO QUASH THE COMPLAINT OR INFORMATION. - That the facts charged do not constitute an offense. - That the court trying the case has not jurisdiction over the offense charged. - That the court has no jurisdiction over the person of the accused. - That the officer who filed the information had no authority to do so. - That the information does not conform substantially to the prescribed form. - That more than one offense is charged except when a single punishment for various offense is prescribed by law. - That the criminal action or liability has been extinguished. - That it contains various averments which if thru would constitute legal excuse or justification - That the accused has been previously convicted or acquitted of the offense charged, or the case against him or otherwise terminated without his express consent. NOTE: - The enumeration is exclusive meaning a motion to quash must contain any of these grounds otherwise it will become unmeritorious. GROUNDS FOR MOTIONS TO QUASH - The facts charged do not constitute an offense that means that the allegations do not constitute a crime, a criminal offense under the revised penal code or special penal law. - Jurisdiction over the offense charged. - Jurisdiction over the territory. (If the crime committed abroad then Philippine court will have no jurisdiction over the territory because criminal law is territorial in nature.) - Jurisdiction over the person of the accused. (This is acquired by voluntary appearance or voluntary surrender or arrest of the accused.) TEST OF THE COURT'S JURISDICTION - In determining the jurisdiction of the court in criminal cases, you have to go to the extent of penalty for which the law imposes on the misdemeanor crime or violation of the law charge. OSUNA, CHARLENE MAY M. 3C2 BS CRIMINOLOGY LSPU-SPCC
good day sir, thanks for this lecture Rule 117 motion to quash is a unique arguing recorded by the blamed where in prior to entering his request no feeling to suppress is documented which will theoretically concedes the claim of the data and simultaneously it will set up a matter which if man supported will block further procedures so a movement to suppress class is recorded before arraignment it should be documented before arraignment or before the denounced enters his play feeling to subdue will speculatively concedes reality when you say speculative confirmation the movement to suppress will concede the honesty of the charge against the blamed however the movement to subdue will set up a matter which whenever demonstrated will block further procedures importance to say the case will be excused now feeling to subdue is in the nature or in the idea of feeling to excuse so what is the period to document a movement to scrutinize a data or objection any time before the charged enter his armada is supplication the charged may move to suppress the data or protest there are sure exemptions in occasions where a movement to suppress might be documented even get-togethers denounced enters his supplication if the ground for movement to suppress is that the realities don't establish an offense where the realities charge don't comprise an offense second absence of purview over the offense charge third the criminal activity or obligation has been doused and fourth twofold peril so under the exemptions the denounced can in any case record a movement to suppress in spite of entering his supplication alright now the first uh the main exemption the realities charged that establish an offense for instance the data will assert a progression of acts robotizations which under the gadget correctional code or under the extraordinary punishment is anything but a criminal offense or isn't a wrongdoing after all then regardless of whether after you have entered your supplication you can in any case document a movement to second absence of locale over the offense charge for instance the grievance documented is over six years of detainment if the offense accuse is culpable of detainment for over six years then the ward is with the provincial preliminary court yet expecting the indictment recorded the grumbling under the steady gaze of the city preliminary court or the principal level court then the court has no ward over the offense charge question can the charged record a movement to subdue even get-togethers addressed yes on the grounds that the court needs purview over the topic of the offense charge now third criminal activity or risk has been stifled for instance the remedy to record a grievance has effectively passed then the criminal responsibility has been quenched in this manner even get-togethers charged had effectively entered his request he can in any case record a motion to quash.
Good day, Sir! Here is the summary of my notes: RULE 117 MOTION TO QUASH Motion to Quash is a special pleading filed by the defendant before entering quash an information or complaint his plea which hypothetically admits the truth of the facts spelled out in the complaint on information, at the same time that it sets up a matter which of duly proved, would preclude further proceedings and is is filed before arraignment or before the accused enters his plea. Hypothetically admission is the motion to quash will admit the truthfulness of the charge against the accused however the motion to quash will set up a matter which if proven will preclude further proceedings meaning the case will be dismissed. Period to file a motion to quash an information or complaint: Any time before entering his plea, the accused may move to quash the information or complaint.
Instances where a motion to quash may be filed even after plea: (a)The facts charged do not constitute an offense; (b)Lack of jurisdiction over the offense charged; (c) The criminal action or liability has been extinguished; and (d) Double jeopardy. Who may file the motion to quash: (1)the accused. (2)the court may not grant the dismissal of a complaint without a motion filed by the accused so the court is not authorized to file to motu propio initiate a motion to quash issuing an order requiring why the information should not be questioned. The purpose of motion to quash is to assail the validity of a criminal information and if the criminal information is not valid then there can be no proceedings that can be had. Automatically the court will have to dismiss the case even prior to the presentation of evidence. Grounds 1. That the facts charged do not constitute an offense; 2. That the court trying the case has not jurisdiction over the offense charged; 3. That the court has no jurisdiction over the person of the accused; 4. That the officer who filed the information had no authority to do so; 5. That the information does not conform substantially to the prescribed form; 6. That more than one offense is charged except when a single punishment for various offense is prescribed by law; 7. That the criminal action or liability has been extinguished; 8. That it contains various avernments which if true would constitute legal excuse or justification; and 9. That the accused has been previously convicted or acquitted of the offense charged, or the case against him or otherwise terminated without his express consent. Grounds for motion to quash 1. The facts charged do not constitute an offense which means that the allegations do not constitute a crime a criminal offense under the revised penal code . It is a fundamental that the complaint or information must state every fact necessary to make out an offense for the constitution, it is required that the acts or omissions complained of as constituting the offense must be in ordinary; 2. Jurisdiction over the offense charged that if the trial court has no jurisdiction, but the case was tried and decided upon theory that it had jurisdiction; 3. Jurisdiction over the territory no one should be held to answer for any crime committed by him except in the jurisdiction where it was committed; and 4. Jurisdiction over the person of the accused which is acquired through voluntary appearance or voluntary surrender or arrest.
TUBOG, MARIEL ANNE O. 3C2 In this particular lesson, I have learned about Rule 117 or Motion to Quash wherein it states that it is a special pleading filed by the accused wherein before entering his plea, which hypothetically admits the allegation of the information and at the same time it will set up a matter which is duly proved would preclude further proceedings. Also it is filed before arraignment or before the accused enters his plea. Hypothetical admission is the motion to quash will admit the truthfulness of the charge against the accused but the motion to quash will set up a matter which if proven will preclude further proceedings meaning the case will be dismissed. The motion to quash is in the nature of motion to dismiss. Thus, any time before the accused enter his plea, the accused may move to quash the information or complaint. There are instances where a motion to quash may be filed even after plea such as when the facts charged do not constitute an offense. For example, the information will alleged a series of acts or omissions which under the revised penal code or under the special penal law is not a criminal offense or is not a crime after all then even after you have entered your plea you can still file a motion to quash. Second is lack of jurisdiction over the offense charged. For example, the complaint filed is more than 6 years of imprisonment if the offense charge is punishable with imprisonment for more than 6 years then the jurisdiction is with the Regional Trail Court (RTC). Assuming that the prosecution filed the complaint before the Municipal Trail Court (MTC) or the first level Court then the court has no jurisdiction over the offense charge. Third, the criminal action or liability has been extinguished. For example, the prescription to file a complaint has already lapsed then the criminal liability has been extinguished therefore even after the accused had already entered his plea he can still file a motion to quash. Fourth, double jeopardy when the accused is vexed or being held to answer for an offense twice, and lastly, under the exception you can file a motion to quash even after the accused had already entered his plea. In addition, a person who can only file for the motion is only the accused; the court may not grant the dismissal of a complaint without a motion by the accused. The court is not authorized to file to motu propio initiate a motion to quash issuing an order requiring why the information should not be questioned. Thus, there are are grounds for a motion to quash the complaint or information such as when the facts charged do not constitute an offense; that the court trying the case has no jurisdiction over the offense charged. - That the court has no jurisdiction over the person of the accused; that the officer who filed the information had no authority to do so; that the information does not conform substantially to the prescribed form; that more than one offense is charged except when a single punishment for various offense is prescribed by law; that the criminal action or liability has been extinguished; that it contains various averments which if thru would constitute legal excuse or justification; that the accused has been previously convicted or acquitted of the offense charged, or the case against him or otherwise terminated without his express consent. These are the summary of what I have learned. Thank you sir and Godbless!
GOOD DAY ATTY RECTO,JUSTINE J. (3C3) LSPU-SPCC I will share what i learned about this video And here is the summarize of Rule 117 motion to quash Rule 117 Motion to Quash -Motion to Squash is a special pleading filed by the defendant before entering his plea, which hypothetically admits the truth of the facts spelled out in the complaint or information, at the same time that it sets up a matter which, if duly approved, would preclude further proceedings. Motion to Quash is filed before arraignment or before the accused enters his plea. Hypothetical admission - the motion to quash will admit the truthfulness of the charge against the accused but the motion to quash will set up a matter which if proven will preclude further proceedings meaning the case will be dismissed. The motion to quash is in the nature of motion to dismissed • Period to file a motion to quash an information or complaint - Any time before entering his plea, the accused may move to quash the information or complaint. - Instances where a motion to quash may be filed even after plea: 1. The facts charged do not constitute an offense. (For example: the information will allege a series of acts or omissions which under the revised penal code or under the special penal law is not a crime after all then even after you have entered your plea you can still file a motion to quash) 2. Lack of jurisdiction over the offense charged. (For example: the complaint filed is morethan 6 years of imprisonment, if the offense charge is punishable with imprisonment for morethan 6 years then the jurisdiction is with the RTC) 3. The criminal action or liability has been extinguished. (For example: the prescription to file a complaint has already lapsed then the criminal liablity has been extinguished therefore even after the accused had already entered his plea he can still file a motion to quash.) 4. Double jeopardy (when the accused is vexed or being held to answer for an offense twice.) • Who may file - the right to file a motion to quash belongs only to the accused. - the court may not grant the dismissal of a complaint without a motion filed by the accused so the court is not authorized to file to motu propio initiate a motion to quash issuing an order requiring why the information should not be questioned. • Purpose of motion to Quash - To assail the validity of a criminal information - if the criminal information is not valid then there can be no proceedings that can be had. Automatically the court will have to dismiss the case even prior to the presentation of evidence. • Grounds 1. That the facts charged do not constitute an offense. 2. That the court trying the case has not jurisdiction over the offense charged. 3. That the court has no jurisdiction over the person of the accused. 4. That the officer who filed the information had no authority to do so. 5. That the information does not conform substantially to the prescribed form. 6. That more than one offense is charged except when a single punishment for various offense is prescribed by law. 7. That the criminal action or liability has been extinguished. 8. That it contains various averments which if tru would constitute legal excuse or justification 9. That the accused has been previously convicted or acquitted of the offense charged, or the case against him or otherwise terminated without his express consent. Note: The enumeration is exclusive meaning a motion to quash must contain any of these grounds otherwise it will become unmeritorious. • Grounds for motions to quash 1. The facts charged do not constitute an offense that means that the allegations do not constitute a crime, a criminal offense under the revised penal code or special penal law. 2. Jurisdiction over the offense charged. 3. Jurisdiction over the territory. If the crime committed abroad then Philippine court will have no jurisdiction over the territory because criminal law is territorial in nature. 4. Jurisdiction over the person of the accused. This is acquired by voluntary appearance or voluntary surrender or arrest of the accused. • Test of the court's jurisdiction - In determining the jurisdiction of the court in criminal cases, you have to go to the extent of penalty for which the law imposes on the misdemeanor crime or violation of the law charge.
GARING, DOLORES E. (3C4) Good Day sir! Below is the summary of what I’ve learned from today’s lesson. Under Rule 117 MOTION TO QUASH -it’s a special pleading filed by the defendant before entering his plea, which hypothetically admits the truth of the facts spelled out in the complaint or information, at the same time that it sets up matter which, if duly approved, would preclude further proceedings. *Motion to Quash is filed before arraignment or before the accused enters his plea. * Motion to quash is in the nature of the motion to dismiss PERIOD TO FILE A MOTION TO QUASH AN INFORMATION OR COMPLAINT - Any time before entering his plea, the accused may move to quash the information or complaint. INSTANCES WHERE MOTION TO QUASH MAY BE FILED AFTER THE PLEA: 1. The FACTS CHARGED DO NOT CONSTITUTE AN OFFENSE - it is when an information will allege a series of acts which is under the revised penal code or under the special penal law and is not a crime after all then even after you have entered your plea you can still file a motion to quash 2. LACK OF JURISDICTION OVER THE OFFENSE CHARGED - for this, it is when the complaint filed is more than 6 years of imprisonment; if the offense charge is punishable with imprisonment for more than 6 years then the jurisdiction is under the RTC 3. The CRIMINAL ACTION OR LIABILITY HAS BEEN EXTINGUISHED - it is when the prescription to file a complaint has already lapsed and then the criminal liability has been extinguished therefore even after the accused had already entered his plea he can still file a motion to quash. 4. DOUBLE JEOPARDY- it is when the accused is being held to answer for an offense twice WHO MAY FILE? - The right to file a motion to quash belongs only to the accused. WHAT IS THE PURPOSE OF MOTION TO QUASH? - To assail the validity of criminal information; if the criminal information is not valid then there can be no proceedings that can be had. Automatically the court will have to dismiss the case even prior to the presentation of evidence. There are GROUNDS that a motion to quash must contain. GROUNDS: 1. That the facts charged do not constitute an offense. 2. That the court trying the case has no jurisdiction over the offense charged. 3. That the court has no jurisdiction over the person of the accused. 4. That the officer who filed the information had no authority to do so. 5. That the information does not conform substantially to the prescribed form. 6. That more than one offense is charged except when a single punishment for various offense is prescribed by law. 7. That the criminal action or liability has been extinguished. 8. That it contains various averments which if true would constitute legal excuse or justification 9. That the accused has been previously convicted or acquitted of the offense charged, or the case against him or otherwise terminated without his express consent. *NOTE: The enumeration is exclusive meaning a motion to quash must contain any of these grounds otherwise it will become unmeritorious GROUNDS FOR MOTION TO QUASH: -The facts charged do not constitute an offense that means the allegation do Not constitute crime criminal offense. - Jurisdiction over the offense charged - Jurisdiction over the territory if the crime has been committed abroad then Philippine court has No jurisdiction over the territory -Jurisdiction over the person of the accused
Carpio, Aldrin V. 3C3 Thank you sir for the lecture! Part 10 Rule 117 MOTION TO QUASH- It is a special pleading filed by the defendant before entering his plea with hypothetically admits the truth of the facts spelled on the complaint and information at the same time that is sets up a matter which, if duly proved would preclude further proceedings. -It is filed before the arraignment or before the accused enter his plea. Period to file a motion to quash an information or complaint -Any time before entering his plea, the accused may move to quash thr information or complaint. Instances where a motion to quash be filed after plea -That facts charged to do not constitute an offense -Lack of jurisdiction over the offense charged -That criminal action or liability has been extinguished -Double Jeopardy Who may file the motion to quash? - the right to file a motion to quash belongs only in accused -the court may not grant the dismissal of a complaint without a motion file by the accused. Grounds for a motion to quash the complaint or information 1. That facts charged do not constitute offense, 2. That the court trying that case has no jurisdiction over the offense charged, 3. That the court has no jurisdiction over the person of the accused, 4. That the officer who filed information had no authority to do so 5. That the information does not conform substantially to prescribe form 6. That more than one offense so charged except when a single punishment for a various offense is prescribed by law 7. That the criminal action or liability has been extinguished 8. That it contains various avements which if true would constitute legal excuse or jurisdiction 9. That the accused has been previously convicted or aquitted of the offense charged or the case against him was dismissed or otherwise terminated without his express consent. Grounds 1. That the facts do not constitute an offense - this means the allegation do not constitute a crime or criminal offense under Revised Penal Code or Special Penal Law 2. Jurisdiction over the offense charged - if the complaint has been file in a court which has no jurisdiction over the offense then the information is void and can file a motion to quash 3. Jurisdiction over the territory - if the crime committed abroad the Philippine courts will have no jurisdiction over territory because criminal law is territorial in nature 4. Jurisdiction over the person of accused - acquire through voluntary surrender . In determining the jurisdiction of courts in criminal cases you have to go the extent of penalty for which law imposes on the misdemeanor crime or violation of law charged
FAJANILAN, KRISTEL ANNE C. 3C1 Thank you Sir. This is the summary of what I've learned: Rule 117 Motion to Quash Motion to Squash is a special pleading filed by the defendant before entering his plea, which hypothetically admits the truth of the facts spelled out in the complaint or information, at the same time that it sets up a matter which, if duly approved, would preclude further proceedings. Motion to Quash is filed before arraignment or before the accused enters his plea. Hypothetical admission - the motion to quash will admit the truthfulness of the charge against the accused but the motion to quash will set up a matter which if proven will preclude further proceedings meaning the case will be dismissed. The motion to quash is in the nature of motion to dismissed • Period to file a motion to quash an information or complaint - Any time before entering his plea, the accused may move to quash the information or complaint. - Instances where a motion to quash may be filed even after plea: 1. The facts charged do not constitute an offense. (For example: the information will allege a series of acts or omissions which under the revised penal code or under the special penal law is not a crime after all then even after you have entered your plea you can still file a motion to quash) 2. Lack of jurisdiction over the offense charged. (For example: the complaint filed is morethan 6 years of imprisonment, if the offense charge is punishable with imprisonment for morethan 6 years then the jurisdiction is with the RTC) 3. The criminal action or liability has been extinguished. (For example: the prescription to file a complaint has already lapsed then the criminal liablity has been extinguished therefore even after the accused had already entered his plea he can still file a motion to quash.) 4. Double jeopardy (when the accused is vexed or being held to answer for an offense twice.) • Who may file - the right to file a motion to quash belongs only to the accused. - the court may not grant the dismissal of a complaint without a motion filed by the accused so the court is not authorized to file to motu propio initiate a motion to quash issuing an order requiring why the information should not be questioned. • Purpose of motion to Quash - To assail the validity of a criminal information - if the criminal information is not valid then there can be no proceedings that can be had. Automatically the court will have to dismiss the case even prior to the presentation of evidence. • Grounds 1. That the facts charged do not constitute an offense. 2. That the court trying the case has not jurisdiction over the offense charged. 3. That the court has no jurisdiction over the person of the accused. 4. That the officer who filed the information had no authority to do so. 5. That the information does not conform substantially to the prescribed form. 6. That more than one offense is charged except when a single punishment for various offense is prescribed by law. 7. That the criminal action or liability has been extinguished. 8. That it contains various averments which if tru would constitute legal excuse or justification 9. That the accused has been previously convicted or acquitted of the offense charged, or the case against him or otherwise terminated without his express consent. Note: The enumeration is exclusive meaning a motion to quash must contain any of these grounds otherwise it will become unmeritorious. • Grounds for motions to quash 1. The facts charged do not constitute an offense that means that the allegations do not constitute a crime, a criminal offense under the revised penal code or special penal law. 2. Jurisdiction over the offense charged. 3. Jurisdiction over the territory. If the crime committed abroad then Philippine court will have no jurisdiction over the territory because criminal law is territorial in nature. 4. Jurisdiction over the person of the accused. This is acquired by voluntary appearance or voluntary surrender or arrest of the accused. • Test of the court's jurisdiction - In determining the jurisdiction of the court in criminal cases, you have to go to the extent of penalty for which the law imposes on the misdemeanor crime or violation of the law charge.
Javier, Kayce R. 3C1 Good day Sir! Thank you for the lecture. This is a summary of what I’ve learned. Rule 117 Motion to Quash A special pleading is filed by the defendant (accused) before entering his plea, which will hypothetically admits the allegation of the information and at the same time it will set up a matter which if duly proved will preclude proceedings. It is filed before arraignment before the accused enters his plea. It set up a matter which if proven will preclude further proceedings Hypothetical Admission Motion to quash will admit the truthfulness of the charge against the accused however the motion to quash will set up a matter which if proven will preclude further proceedings meaning the case will be dismissed. Any time before entering his plea, the accused may move to quash the information or complaint. Instances where a motion to quash may be filed even after plea: (a)The facts charged do not constitute an offense; the information will allege a series of acts which under the RPC or special penalty law is not a criminal offense or is not a crime after all then even if after you have entered your plea you can still file a motion to quash. (b)Lack of jurisdiction over the offense charged; the complaint filed is more than six years of imprisonment. The jurisdiction is with the RTC but supposing the prosecution filed the complaint before the MTC, the court has no jurisdiction over the jurisdiction over the offense charged. (c) The criminal action or liability has been extinguished; when the prescription to file a complaint has already lapsed, then the criminal liability has been extinguished therefore even after the accused had already entered his plea. He can still file a motion to quash. (d) Double jeopardy: when the accused is vexed Who may file the motion to quash: (a) the accused. (b) the court may not grant the dismissal of a complaint without a motion filed by the accused so the court is not authorized to file to motu propio initiate a motion to quash issuing an order requiring why the information should not be questioned. The purpose of the motion to quash is to assail the validity of criminal information and if the criminal information is not valid then there can be no proceedings that can be had. Automatically the court will have to dismiss the case even before the presentation of evidence. Grounds 1. That the facts charged do not constitute an offense. 2. That the court trying the case has no jurisdiction over the offense charged. 3. That the court has no jurisdiction over the person of the accused. 4. That the officer who filed the information had no authority to do so. 5. That the information does not conform substantially to the prescribed form. 6. That more than one offense is charged except when a single punishment for the various offense is prescribed by law. 7. That the criminal action or liability has been extinguished. 8. That it contains various averments which if true would constitute legal excuse or justification 9. That the accused has been previously convicted or acquitted of the offense charged, or the case against him or otherwise terminated without his express consent. Test of the court's jurisdiction In determining the jurisdiction of the court in criminal cases, you have to go to the extent of the penalty for which the law imposes on the misdemeanor crime or violation of the law charge. HOW TO ACQUIRE JURISDICTION OVER THE PERSON OF THE ACCUSED? 1. Voluntary surrender 2. Arrest OFFICERS WHO ARE ONLY AUTHORIZED TO FILE AN INFORMATION IN COURT (not all prosecutors can file information in court): 1. Regional State Prosecutor 2. Provincial Prosecutor 3. City Prosecutor
TULAWE RICO O. BSCRIM-3C1 Good day ATTY. In this set of lecture series I've learned about MOTION TO QUASH Under Rule 117. Mition to quash- is a special pleading filed by the dependant befire entering his plea, which hypothetically admits the truth of the facts spelled out in the complaint or information, at the same time that it sets up a matter which, if fully proved would preclude further proceedings. -the case will be dismissed, in a nature of motion to Dismissed. Period to file a motion to quash an information or complaint GENERAL RULE: - At any time before entering his plea, the accused may move to quash the information or complaint. EXCEPTIONS: * Instances where a motion to quash may be filed after plea: 1. The facys charged do not constitute an offense. The information will alledge is not a crime after all. 2. Lack of jurisdiction over the offense charge. -The complaint filed is more than 6 years. 3.The criminal action or liability has been extinguished 4. Double Jeopardy - when the accused is being held to answer the offense twice. Who may file? * The right to file a motion to quash belongs only to the accused. * The court is not authorised to moto proprio initiate a motion to quash by issuing an order requiring an explanation why the information should not be quashed. * The court, though, has discretion to dismiss the case if the information is not sufficient or on any grounds provided by law, or to Dismiss the information for a different one. Purpose of Motion To Quash - The designated purpose of a motion to quash is to assail the validity of the criminal information for defects or defenses apparent on the face of the information. If the criminal is not valid then, there can be no proceedings that can be had. Automatically the court will have to Dismiss the case even prior to the presentation of evidence. * The accused is questioning whether the information filed against him is valid or not. GROUNDS FOR A MOTION TO QUASH THE COMPLAINT OR INFORMATION 1. That the fact charged do not constitute an offense. -means allegations do not constituteviolations under revised penal code or special pebal laws. 2. That the court trying the case has no jurisdiction over the offense charged. -look at the jurisdictions of the court in prosecution of offense. 3. That the court has no jurisdiction over the person of the accused ex. invalid arrest 4. That the officer who filed the information had no authority to do so. 5. That the information does not conform substantially to the prescribed form. 6. that more one offense is charged except when a single punishment for various offense is prescribed by law. 7. that the criminal action or liability has been extinguished. 8. That it contains various avernments which if true would constitute legal excuse or jurisdiction. 9. That the accused has been previously convicted or acquitted of the offense charged, or case against him was Dismissed or otherwise terminated without his express consent(Double Jeopardy ).
SUBIJANO, ARLENE V. 3C3 In this lesson, I've learned that in Rule 117 Motion to Quash: Motion to quash - is filed by the accused were in before entry is free file hypothetically admits the truth of facts spelled out in the complaint or information at the same time it will set up a matter which improved further proceedings. - Motion to quash is filed before arraignment must be filed before arraignment or before the accused enters his plea. - A motion to quash will hypothetically admits the truth. Hypothetical admission - the motion to quash will admit the truthfulness of charge against the accused but the motion to quash will set up a matter which give proven will preclude further proceedings. - The case will be dismissed the motion to quash is in the nature or in the nature of a motion to dismiss. The period to file a motion to quash information or complaint anytime before the accused enter his plea the accused may moved to quash the information or complaint there are certain exceptions. In instances where a motion to quash may be file even after the accused enters his plea if the ground for motion to quash is that: - the facts do not constitute an offense or the charged do not constitute an offense - lack of jurisdiction over the offense charged - the criminal action or liability has been extinguished - double jeopardy Exceptions can still file a motion to quash despite upon entering his plea. * First exception the facts charged constitute an offense -for example information will alleged a series of acts or omissions which under the revised penal code for under the special penal law is not a criminal offence or is not a crime after all even if after you have entered your plea can still file a motion to quash * Second lack of jurisdiction over the offense charged -for example complaint filed is more than six years of imprisonment if the offense charged is punishable with imprisonment for more than six years then the jurisdiction is with the regional trial court but assuming the prosecution filed a complaint before the municipal trial court or the first level courts then the court has no jurisdiction over the offense charged. Can a accused file a motion to quash even after arraignment answered is yes because the court lacks jurisdiction over the subject matter of the offense charged action or liability has been extinguished. * Third the criminal action or liability has been extinguished. -example: the prescription to file a complaint has already lapsed then the criminal liability has been extinguished therefore even after the accused had already entered his plea he can still file a motion to quash. * Fourth double jeopardy -when the accused is vexed or being held to answer for an offense twice. Who may file - the right to file a motion to quash belongs only to the accused. - the court may not grant the dismissal of a complaint without a motion filed by the accused so the court is not authorized to file to motu propio initiate a motion to quash issuing an order requiring why the information should not be questioned. Purpose of motion to Quash - To assail the validity of a criminal information - If the criminal information is not valid then there can be no proceedings that can be had. Automatically the court will have to dismiss the case even prior to the presentation of evidence. Grounds - That the facts charged do not constitute an offense. - That the court trying the case has not jurisdiction over the offense charged. - That the court has no jurisdiction over the person of the accused. - That the officer who filed the information had no authority to do so. - That the information does not conform substantially to the prescribed form. - That more than one offense is charged except when a single punishment for various offense is prescribed by law. - That the criminal action or liability has been extinguished. - That it contains various averments which if would constitute legal excuse or justification - That the accused has been previously convicted or acquitted of the offense charged, or the case against him or otherwise terminated without his express consent. Note: The enumeration is exclusive meaning a motion to quash must contain any of these grounds otherwise it will become unmeritorious. Grounds for motions to quash - The facts charged do not constitute an offense that means that the allegations do not constitute a crime, a criminal offense under the revised penal code or special penal law. - Jurisdiction over the offense charged. - Jurisdiction over the territory. If the crime committed abroad then Philippine court will have no jurisdiction over the territory because criminal law is territorial in nature. - Jurisdiction over the person of the accused. This is acquired by voluntary appearance or voluntary surrender or arrest of the accused. Test of the court's jurisdiction - In determining the jurisdiction of the court in criminal cases, you have to go to the extent of penalty for which the law imposes on the misdemeanor crime or violation of the law charge.
DEL MUNDO, SHAINA D. 3C4 This is the summary of what I've learned; Motion to quash under Rule 117 A motion to quash is a special pleading filed by the accused in which no emotion to quash is filed before entering his plea, which will hypothetically admit the information's allegation while also setting up a matter that, if approved, will prevent further proceedings, so a motion to quash is filed before arraignment. It must be filed before arraignment or before the accused enters his play emotion to quash will hypothetically admit the truth when you say hypothetical admission the motion to quash will admit the truthfulness of the charge against the accused when you say hypothetical admission the motion to quash will admit the truthfulness of the charge against the accused when you say hypothetical admission the motion to quash will admit the truthfulness of the charge against the accused when you say hypothetical admission the motion to quash will admit the truthfulness. However, the move to quash will create a matter that, if established, will bar further proceedings, implying that the case will be dismissed. Emotion to quash is similar to emotion to dismiss.
Andal, Jakelimuel L. 3c4 Good day sir. Thank you for this lecture. This is the summary of what I learned in the discussion: Rule 117 Motion to Quash Motion to Squash is a special pleading filed by the defendant before entering his plea, which hypothetically admits the truth of the facts spelled out in the complaint or information, at the same time that it sets up a matter which, if duly approved would preclude further proceedings. Then Hypothetical admission is the motion to quash will admit the truthfulness of the charge against the accused but the motion to quash will set up a matter which if proven will preclude further proceedings. It means that the case will be dismissed. Next is the general rule: - At any time before entering his plea, the accused may move to quash the information or complaint. Instances where a motion to quash may be filed even after the accused enters his plea: 1. The facts do not constitute an offense where the facts; The information will alleged a series of acts which under the RPC or special penalty law- is not a criminal offense or is not a crime after all then even if after you have entered your plea you can still file a motion to quash. 2. Lack of jurisdiction over the offense charge; The complaint filed is more than six years of imprisonment, then the jurisdiction is with the RTC but supposing the prosecution filed the complaint before the MTC then the court has no jurisdiction over the offense charge. 3. The criminal action or liability has been extinguished; When the prescription to file a complaint has already lapsed, then the criminal liability has been extinguished therefore even after the accused had already entered his plea. He can still file a motion to quash. 4. Double jeopardy When the accused is vexed (being held to answer for an offense twice), you can file a motion to quash even after the accused had already entered his plea Who may file the motion to quash: (a) the accused. (b) the court may not grant the dismissal of a complaint without a motion filed by the accused so the court is not authorized to file to motu propio initiate a motion to quash issuing an order requiring why the information should not be questioned. Next is the purpose of the motion to quash is to assail the validity of criminal information and if the criminal information is not valid then there can be no proceedings that can be had. Automatically the court will have to dismiss the case even before the presentation of evidence. These are the grounds: 1. That the facts charged do not constitute an offense. 2. That the court trying the case has not jurisdiction over the offense charged. 3. That the court has no jurisdiction over the person of the accused. 4. That the officer who filed the information had no authority to do so. 5. That the information does not conform substantially to the prescribed form. 6. That more than one offense is charged except when a single punishment for various offense is prescribed by law. 7. That the criminal action or liability has been extinguished. 8. That it contains various averments which if tru would constitute legal excuse or justification 9. That the accused has been previously convicted or acquitted of the offense charged, or the case against him or otherwise terminated without his express consent.
PASTRANA, KATRINE L. 3C2 MOTION TO QUASH - A special pleading filed by the defendant (accused) before entering his plea, which will hypothetically admits the allegation of the information and at the same time it will set up a matter which if duly proved will preclude proceedings. - Filed before arraignment before the accused enters his plea. - Set up a matter which if proven will preclude further proceedings HYPOTHETICAL ADMISSION - Motion to quash that will admit the truthfulness of the charge against the accused. GENERAL RULE - At any time before entering his plea, the accused may move to quash the information or complaint. EXCEPTIONS (instances where a motion to quash may be filed even after the accused enters his plea): 1. The facts do not constitute an offense where the facts; - The information will alleged a series of acts which under the RPC or special penalty law- is not a criminal offense or is not a crime after all then even if after you have entered your plea you can still file a motion to quash. 2. Lack of jurisdiction over the offense charge; - The complaint filed is more than six years of imprisonment, then the jurisdiction is with the RTC but supposing the prosecution filed the complaint before the MTC then the court has no jurisdiction over the offense charge. 3. The criminal action or liability has been extinguished; - When the prescription to file a complaint has already lapsed, then the criminal liability has been extinguished therefore even after the accused had already entered his plea. He can still file a motion to quash. 4. Double jeopardy - When the accused is vexed (being held to answer for an offense twice), you can file a motion to quash even after the accused had already entered his plea NOTE: - Under the exceptions, the accused can still file a motion to quash despite entering his plea. - The accused can file a motion to quash even after the arraignment because the court has lack of jurisdiction over the subject matter of the offense charged. WHO MAY FILE (VOTE TO QUASH) - ONLY THE ACCUSED - The court is not authorized to file moto proprio initiate a motion to quash by issuing an order requiring why the information should not be quashed. - Court has the discretion to dismiss a case if the information is not sufficient. PURPOSE OF A MOTION TO QUASH - The designated purpose of a motion to quash is to assail the validity of a criminal information (if the criminal information is not valid then there can be no proceedings) for detects or defenses apparent on the face of the information. GROUNDS 1. The facts do not constitute an offense where the facts. 2. That the court trying the case has no jurisdiction over the offense charged. 3. That the court has no jurisdiction over the person of the accused. 4. That the officer who filed the information had no authority to do so. 5. That the information does not conform substantially to the prescribed form. 6. That more than one offense is charged except when a single punishment for various offense is prescribed by law. 7. That the criminal action or liability has been extinguished. 8. That contains various averments which if true would constitute legal excuse or justification. 9. That the accused has been previously convicted or acquitted of the offense charge, or the case against him was dismissed or otherwise terminated without express consent of accused or double jeopardy. NOTE: THE ENUMERATION IS EXCLUSIVE. HOW TO ACQUIRE JURISDICTION OVER THE PERSON OF THE ACCUSED? 1. Voluntary surrender 2. Arrest OFFICERS WHO ARE ONLY AUTHORIZED TO FILE AN INFORMATION IN COURT (not all prosecutors can file information in court): 1. Regional State Prosecutor 2. Provincial Prosecutor 3. City Prosecutor NOTE: The information is not valid if it is filed by the DEPUTY CITY PROSECUTOR. In this case the remedy of the accused there is to file motion to quash invoking paragraph four of rule 117.
Mea, Katherine Joy 3C2 Good day Atty, this is the summary of what I have learned. Under rule 117, the motion to quash special pleading filed by the defendant before entering his plea, which hypothetically admits the truth of the facts spelled out in the complaint or information at the same time that it set up a matter which if duly proved would preclude further proceedings. These are the grounds that may move to quash the compliant (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. Who may file The right to file a motion to quash belongs only to the accused, and the court may not grant the dismissal of a complaint without a motion filed by the accused On the purpose of a motion to quash is designated purpose of a motion to quash is to assail the validity of criminal information which is why class we said that a motion to quash is a special cleaning it is a special pleading because it sets into a question the validity of the criminal information if the criminal information is not valid then there can be no proceedings that can be had automatically the court will have to dismiss.
PONTIGA JHENNIE T 3C2 BSCRIMINOLOGY Goodevening Atty here are some of the key point that I have learned after watching you video. First from Part 10 Rule 117 Motion to Quash: • Motion to Squash is a special pleading filed by the defendant before entering his plea, which hypothetically admits the truth of the facts spelled out in the complaint or information, at the same time that it sets up a matter which, if duly approved, would preclude further proceedings. • Motion to Quash is filed before arraignment or before the accused enters his plea. Hypothetical admission - the motion to quash will admit the truthfulness of the charge against the accused but the motion to quash will set up a matter which if proven will preclude further proceedings meaning the case will be dismissed. • The motion to quash is in the nature of motion to dismissed Period to file a motion to quash an information or complaint: •At any time before entering his plea, the accused may move to quash the information or complaint. Instances where a motion to quash may be filed even after plea: 1. The facts charged do not constitute an offense. 2. Lack of jurisdiction over the offense charged. 3. The criminal action or liability has been extinguished. 4. Double jeopardy. Who may file? •The right to file a motion to quash belongs only to the accused. •The court may not grant the dismissal of a complaint without a motion filed by the accused so the court is not authorized to file to motu propio initiate a motion to quash issuing an order requiring why the information should not be questioned. Purpose of motion to Quash: •To assail the validity of a criminal information. •If the criminal information is not valid then there can be no proceedings that can be had. Automatically the court will have to dismiss the case even prior to the presentation of evidence. What are the Grounds: 1. That the facts charged do not constitute an offense. 2. That the court trying the case has not jurisdiction over the offense charged. 3. That the court has no jurisdiction over the person of the accused. 4. That the officer who filed the information had no authority to do so. 5. That the information does not conform substantially to the prescribed form. 6. That more than one offense is charged except when a single punishment for various offense is prescribed by law. 7. That the criminal action or liability has been extinguished. 8. That it contains various averments which if tru would constitute legal excuse or justification 9. That the accused has been previously convicted or acquitted of the offense charged, or the case against him or otherwise terminated without his express consent. Note: •The enumeration is exclusive • Motion to quash must contain any of these grounds otherwise it will become unmeritorious. Grounds for motions to quash: 1. The facts charged do not constitute an offense that means that the allegations do not constitute a crime, a criminal offense under the revised penal code or special penal law. 2. Jurisdiction over the offense charged. 3. Jurisdiction over the territory. If the crime committed abroad then Philippine court will have no jurisdiction over the territory because criminal law is territorial in nature. 4. Jurisdiction over the person of the accused. This is acquired by voluntary appearance or voluntary surrender or arrest of the accused. That’s all thankyou.
LANDICHO, NEIL M. 3C2 THANK YOU SIR FOR THIS LECTURE. RULE 117 MOTION TO QUASH. A special pleading is filed by the defendant (accused) before entering his plea, which will hypothetically admits the allegation of the information and at the same time it will set up a matter which if duly proved will preclude proceedings. It is filed before arraignment before the accused enters his plea. It set up a matter which if proven will preclude further proceedings HYPOTHETICAL ADMISSION. Motion to quash will admit the truthfulness of the charge against the accused however the motion to quash will set up a matter which if proven will preclude further proceedings meaning the case will be dismissed. WHO MAY FILE THE MOTION TO QUASH: the accused. the court may not grant the dismissal of a complaint without a motion filed by the accused so the court is not authorized to file to motu propio initiate a motion to quash issuing an order requiring why the information should not be questioned. The purpose of the motion to quash is to assail the validity of criminal information and if the criminal information is not valid then there can be no proceedings that can be had. Automatically the court will have to dismiss the case even before the presentation of evidence. Grounds 1. That the facts charged do not constitute an offense. 2. That the court trying the case has no jurisdiction over the offense charged. 3. That the court has no jurisdiction over the person of the accused. 4. That the officer who filed the information had no authority to do so. 5. That the information does not conform substantially to the prescribed form. 6. That more than one offense is charged except when a single punishment for the various offense is prescribed by law. 7. That the criminal action or liability has been extinguished. 8. That it contains various averments which if true would constitute legal excuse or justification 9. That the accused has been previously convicted or acquitted of the offense charged, or the case against him or otherwise terminated without his express consent.
UMALI, ANGELICA JANE M. 3C2 Motion to Quash It is a special pleading filed by the defendant before entering his plea, which hypothetically admits the truths the truth of the facts spelled out in the complaint or information, at the same time that it sets up a matter which, if duly proved, would preclude further proceedings. *Motion to quash is filed before arraignment. It hypothetically admit the truth. Hypothetical admission- the motion to quash will admit the truthfulness of the charged against the accused but the motion to quash will set a matter prove and preclude the proceeding. The case will dismissed Period to file a motion to quash an information or complaint GR. At any time before entering his plea the accused may move to quash the information or complaint (sec 1, rule 117). XPN. Instances where a motion to quash may be filed after plea. 1. The facts charged do not constitute an offense -not a criminal offense under RPC 2. Lack of jurisdiction over the offense charged -complaint filed is more than 6 years of imprisonment, the jurisdiction is in RTC 3. The criminal action or liability has been extinguished -prescription to file a complaint is already lapsed then the criminal liability is extinguished 4. Double jeopardy (sec 9 rule 117) -answer twice The accused can still file a motion to quash despite entering his plea. Who may file -The right to motion to quash belongs only to the accused -The court is not authorized to motu proprio initiate a notion to quash by issuing an order requiring an explanation why the information should not be quashed. -The court, though, has the discretion to dismiss the case if the information is not sufficient or on any ground provided by law, or to dismiss the information for a different one. Purpose of motion to quash The designated purpose of a motion to quash is to assail the validity of the criminal information foe defects or defenses apparent on the face of the information. -Lawful defense, valid or not Grounds for a motion to quash the complaint or information 1. That the facts charged do not constitute the offense 2. That the court trying the case has no jurisdiction over the offense charged 3. That the court has no jurisdiction over the offense charged 4. That the officer who filed the formation had no authority to do so -a certain authorized officer can file information like city, provincial prosecutor. 5. That the formation does not conform substantially to the prescribed form 6. That more than one offense is charged except when a single punishment for various offense is prescribed by law; 7. That the criminal action or liability has been extinguished 8. That it contains various averments which if true would constitute legal excuse or justifications 9. 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 (double jeopardy) (sec 3 rule 117) Note. The enumeration is exclusive. GROUNDS FOR MOTION TO QUASH 1. The facts charged does not constitute an offense It is fundamental that the complaint or information must state every fact necessary to make out an offense for the constitution guarantees that in all criminal prosecutions the accused should be informed of the nature and cause of the accusation against him (sec 14 (2) art. 111 1987 Constitution). It is required that the acts or omissions complained of as constituting the offense must be in ordinary and concise language so as to enable a person of common understanding to know what offense is intended to be charged, and to enable the court to pronounce judgment. (Sec. 9, Rule 110) 2. Jurisdiction over the offense charged If the trial court has no jurisdiction but the case was trial and decided upon the theory that it had jurisdiction, the parties are not barred, on appeal, from assailing such jurisdiction, for the same must exits as a matter of law, and nay be conferred by consent od the parties or by estoppel 3. Jurisdiction over the territory In criminal proceedings, no one should be held to answer for any crime committed by him except in the jurisdiction where it was committed. 4. Jurisdiction over the person of the accused Jurisdiction over the person is that acquired by the voluntary appearance of a party in court and his submission to its authority or by the coercive power of legal process exerted over the person of the accused may be waived, either expressly or by implication. Test of the courts jurisdiction Gr. What determines the jurisdiction of the court in criminal cases is the extent of the penalty which the law imposes on the misdemeanor, crime or violation of law charged. XPN. 1. Jurisdiction of the Sandiganbayan which is not based on the penalty provided by law, but on the salary grade of the public official 2. Libel, which is within the exclusive jurisdiction of the RTC although the imposable penalty does not exceed 6 years 3. Those offenses cognizable by the family court where the determining factor is the minority of any parties.
Good Day Atty.! Thank you for this video lecture. This is the summary of what I’ve learn;
RULE 117 MOTION TO QUASH
- It is a special pleading filed by the accused wherein before entering his plea, which hypothetically admits the allegation of the information and at the same time it will set up a matter which is duly proved would preclude further proceedings.
- Also it is filed before arraignment or before the accused enters his plea.
- Hypothetical admission is the motion to quash will admit the truthfulness of the charge against the accused but the motion to quash will set up a matter which if proven will preclude further proceedings meaning the case will be dismissed. The motion to quash is in the nature of motion to dismissed
PERIOD TO FILE A MOTION TO QUASH AN INFORMATION OR COMPLAINT
- Any time before the accused enter his plea, the accused may move to quash the information or complaint.
INSTANCES WHERE A MOTION TO QUASH MAY BE FILED EVEN AFTER PLEA;
- The facts charged do not constitute an offense.
EXAMPLE
- The information will alleged a series of acts or omissions which under the revised penal code or under the special penal law is not a criminal offense or is not a crime after all then even after you have entered your plea you can still file a motion to quash.
- Lack of jurisdiction over the offense charged.
EXAMPLE
- The complaint filed is more than 6 years of imprisonment if the offense charge is punishable with imprisonment for more than 6 years then the jurisdiction is with the Regional Trail Court (RTC). Assuming that the prosecution filed the complaint before the Municipal Trail Court
(MTC) or the first level Court then the court has no jurisdiction over the offense charge.
- The criminal action or liability has been extinguished.
EXAMPLE
- The prescription to file a complaint has already lapsed then the criminal liability has been extinguished therefore even after the accused had already entered his plea he can still file a motion to quash.
- Double jeopardy when the accused is vexed or being held to answer for an offense twice.
- Under the exception you can file a motion to quash even after the accused had already entered his plea.
WHO MAY FILE
- It is only the accused, the court may not grant the dismissal of a complaint without a motion by the accused.
- The court is not authorized to file to motu propio initiate a motion to quash issuing an order requiring why the information should not be questioned.
PURPOSE OF MOTION TO QUASH
- The designated purpose of a motion to quash is to assail the validity of a criminal information. Also this is a special pleading because it sets into a question the validity of a criminal information.
- If the criminal information is not valid then there can be no proceedings that can be had. Automatically the court will have to dismiss the case even prior to the presentation of evidence because a motion to quash will hypothetically admit the allegation in the information.
GROUNDS FOR A MOTION TO QUASH THE COMPLAINT OR INFORMATION.
- That the facts charged do not constitute an offense.
- That the court trying the case has not jurisdiction over the offense charged.
- That the court has no jurisdiction over the person of the accused.
- That the officer who filed the information had no authority to do so.
- That the information does not conform substantially to the prescribed form.
- That more than one offense is charged except when a single punishment for various offense is prescribed by law.
- That the criminal action or liability has been extinguished.
- That it contains various averments which if thru would constitute legal excuse or justification
- That the accused has been previously convicted or acquitted of the offense charged, or the case against him or otherwise terminated without his express consent.
NOTE:
- The enumeration is exclusive meaning a motion to quash must contain any of these grounds otherwise it will become unmeritorious.
GROUNDS FOR MOTIONS TO QUASH
- The facts charged do not constitute an offense that means that the allegations do not constitute a crime, a criminal offense under the revised penal code or special penal law.
- Jurisdiction over the offense charged.
- Jurisdiction over the territory.
(If the crime committed abroad then Philippine court will have no jurisdiction over the territory because criminal law is territorial in nature.)
- Jurisdiction over the person of the accused.
(This is acquired by voluntary appearance or voluntary surrender or arrest of the accused.)
TEST OF THE COURT'S JURISDICTION
- In determining the jurisdiction of the court in criminal cases, you have to go to the extent of penalty for which the law imposes on the misdemeanor crime or violation of the law charge.
OSUNA, CHARLENE MAY M.
3C2 BS CRIMINOLOGY LSPU-SPCC
good day sir, thanks for this lecture
Rule 117 motion to quash is a unique arguing recorded by the blamed where in prior to entering his request no feeling to suppress is documented which will theoretically concedes the claim of the data and simultaneously it will set up a matter which if man supported will block further procedures so a movement to suppress class is recorded before arraignment it should be documented before arraignment or before the denounced enters his play feeling to subdue will speculatively concedes reality when you say speculative confirmation the movement to suppress will concede the honesty of the charge against the blamed however the movement to subdue will set up a matter which whenever demonstrated will block further procedures importance to say the case will be excused now feeling to subdue is in the nature or in the idea of feeling to excuse so what is the period to document a movement to scrutinize a data or objection any time before the charged enter his armada is supplication the charged may move to suppress the data or protest there are sure exemptions in occasions where a movement to suppress might be documented even get-togethers denounced enters his supplication if the ground for movement to suppress is that the realities don't establish an offense where the realities charge don't comprise an offense second absence of purview over the offense charge third the criminal activity or obligation has been doused and fourth twofold peril so under the exemptions the denounced can in any case record a movement to suppress in spite of entering his supplication alright now the first uh the main exemption the realities charged that establish an offense for instance the data will assert a progression of acts robotizations which under the gadget correctional code or under the extraordinary punishment is anything but a criminal offense or isn't a wrongdoing after all then regardless of whether after you have entered your supplication you can in any case document a movement to second absence of locale over the offense charge for instance the grievance documented is over six years of detainment if the offense accuse is culpable of detainment for over six years then the ward is with the provincial preliminary court yet expecting the indictment recorded the grumbling under the steady gaze of the city preliminary court or the principal level court then the court has no ward over the offense charge question can the charged record a movement to subdue even get-togethers addressed yes on the grounds that the court needs purview over the topic of the offense charge now third criminal activity or risk has been stifled for instance the remedy to record a grievance has effectively passed then the criminal responsibility has been quenched in this manner even get-togethers charged had effectively entered his request he can in any case record a motion to quash.
Good day, Sir! Here is the summary of my notes:
RULE 117 MOTION TO QUASH
Motion to Quash is a special pleading filed by the defendant before entering quash an information or complaint his plea which hypothetically admits the truth of the facts spelled out in the complaint on information, at the same time that it sets up a matter which of duly proved, would preclude further proceedings and is is filed before arraignment or before the accused enters his plea.
Hypothetically admission is the motion to quash will admit the truthfulness of the charge against the accused however the motion to quash will set up a matter which if proven will preclude further proceedings meaning the case will be dismissed.
Period to file a motion to quash an information or complaint:
Any time before entering his plea, the accused may move to quash the information or complaint.
Instances where a motion to quash may be filed even after plea:
(a)The facts charged do not constitute an offense;
(b)Lack of jurisdiction over the offense charged;
(c) The criminal action or liability has been extinguished; and
(d) Double jeopardy.
Who may file the motion to quash:
(1)the accused.
(2)the court may not grant the dismissal of a complaint without a motion filed by the accused so the court is not authorized to file to motu propio initiate a motion to quash issuing an order requiring why the information should not be questioned.
The purpose of motion to quash is to assail the validity of a criminal information and if the criminal information is not valid then there can be no proceedings that can be had. Automatically the court will have to dismiss the case even prior to the presentation of evidence.
Grounds
1. That the facts charged do not constitute an offense;
2. That the court trying the case has not jurisdiction over the offense charged;
3. That the court has no jurisdiction over the person of the accused;
4. That the officer who filed the information had no authority to do so;
5. That the information does not conform substantially to the prescribed form;
6. That more than one offense is charged except when a single punishment for various offense is prescribed by law;
7. That the criminal action or liability has been extinguished;
8. That it contains various avernments which if true would constitute legal excuse or justification; and
9. That the accused has been previously convicted or acquitted of the offense charged, or the case against him or otherwise terminated without his express consent.
Grounds for motion to quash
1. The facts charged do not constitute an offense which means that the allegations do not constitute a crime a criminal offense under the revised penal code . It is a fundamental that the complaint or information must state every fact necessary to make out an offense for the constitution, it is required that the acts or omissions complained of as constituting the offense must be in ordinary;
2. Jurisdiction over the offense charged that if the trial court has no jurisdiction, but the case was tried and decided upon theory that it had jurisdiction;
3. Jurisdiction over the territory no one should be held to answer for any crime committed by him except in the jurisdiction where it was committed; and
4. Jurisdiction over the person of the accused which is acquired through voluntary appearance or voluntary surrender or arrest.
TUBOG, MARIEL ANNE O.
3C2
In this particular lesson, I have learned about Rule 117 or Motion to Quash wherein it states that it is a special pleading filed by the accused wherein before entering his plea, which hypothetically admits the allegation of the information and at the same time it will set up a matter which is duly proved would preclude further proceedings. Also it is filed before arraignment or before the accused enters his plea. Hypothetical admission is the motion to quash will admit the truthfulness of the charge against the accused but the motion to quash will set up a matter which if proven will preclude further proceedings meaning the case will be dismissed. The motion to quash is in the nature of motion to dismiss. Thus, any time before the accused enter his plea, the accused may move to quash the information or complaint.
There are instances where a motion to quash may be filed even after plea such as when the facts charged do not constitute an offense. For example, the information will alleged a series of acts or omissions which under the revised penal code or under the special penal law is not a criminal offense or is not a crime after all then even after you have entered your plea you can still file a motion to quash. Second is lack of jurisdiction over the offense charged. For example, the complaint filed is more than 6 years of imprisonment if the offense charge is punishable with imprisonment for more than 6 years then the jurisdiction is with the Regional Trail Court (RTC). Assuming that the prosecution filed the complaint before the Municipal Trail Court (MTC) or the first level Court then the court has no jurisdiction over the offense charge. Third, the criminal action or liability has been extinguished. For example, the prescription to file a complaint has already lapsed then the criminal liability has been extinguished therefore even after the accused had already entered his plea he can still file a motion to quash. Fourth, double jeopardy when the accused is vexed or being held to answer for an offense twice, and lastly, under the exception you can file a motion to quash even after the accused had already entered his plea.
In addition, a person who can only file for the motion is only the accused; the court may not grant the dismissal of a complaint without a motion by the accused. The court is not authorized to file to motu propio initiate a motion to quash issuing an order requiring why the information should not be questioned. Thus, there are are grounds for a motion to quash the complaint or information such as when the facts charged do not constitute an offense; that the court trying the case has no jurisdiction over the offense charged. - That the court has no jurisdiction over the person of the accused; that the officer who filed the information had no authority to do so; that the information does not conform substantially to the prescribed form; that more than one offense is charged except when a single punishment for various offense is prescribed by law; that the criminal action or liability has been extinguished; that it contains various averments which if thru would constitute legal excuse or justification; that the accused has been previously convicted or acquitted of the offense charged, or the case against him or otherwise terminated without his express consent.
These are the summary of what I have learned. Thank you sir and Godbless!
GOOD DAY ATTY
RECTO,JUSTINE J. (3C3) LSPU-SPCC
I will share what i learned about this video
And here is the summarize of Rule 117 motion to quash
Rule 117 Motion to Quash
-Motion to Squash is a special pleading filed by the defendant before entering his plea, which hypothetically admits the truth of the facts spelled out in the complaint or information, at the same time that it sets up a matter which, if duly approved, would preclude further proceedings.
Motion to Quash is filed before arraignment or before the accused enters his plea.
Hypothetical admission - the motion to quash will admit the truthfulness of the charge against the accused but the motion to quash will set up a matter which if proven will preclude further proceedings meaning the case will be dismissed.
The motion to quash is in the nature of motion to dismissed
• Period to file a motion to quash an information or complaint
- Any time before entering his plea, the accused may move to quash the information or complaint.
- Instances where a motion to quash may be filed even after plea:
1. The facts charged do not constitute an offense. (For example: the information will allege a series of acts or omissions which under the revised penal code or under the special penal law is not a crime after all then even after you have entered your plea you can still file a motion to quash)
2. Lack of jurisdiction over the offense charged. (For example: the complaint filed is morethan 6 years of imprisonment, if the offense charge is punishable with imprisonment for morethan 6 years then the jurisdiction is with the RTC)
3. The criminal action or liability has been extinguished. (For example: the prescription to file a complaint has already lapsed then the criminal liablity has been extinguished therefore even after the accused had already entered his plea he can still file a motion to quash.)
4. Double jeopardy (when the accused is vexed or being held to answer for an offense twice.)
• Who may file
- the right to file a motion to quash belongs only to the accused.
- the court may not grant the dismissal of a complaint without a motion filed by the accused so the court is not authorized to file to motu propio initiate a motion to quash issuing an order requiring why the information should not be questioned.
• Purpose of motion to Quash
- To assail the validity of a criminal information
- if the criminal information is not valid then there can be no proceedings that can be had. Automatically the court will have to dismiss the case even prior to the presentation of evidence.
• Grounds
1. That the facts charged do not constitute an offense.
2. That the court trying the case has not jurisdiction over the offense charged.
3. That the court has no jurisdiction over the person of the accused.
4. That the officer who filed the information had no authority to do so.
5. That the information does not conform substantially to the prescribed form.
6. That more than one offense is charged except when a single punishment for various offense is prescribed by law.
7. That the criminal action or liability has been extinguished.
8. That it contains various averments which if tru would constitute legal excuse or justification
9. That the accused has been previously convicted or acquitted of the offense charged, or the case against him or otherwise terminated without his express consent.
Note: The enumeration is exclusive meaning a motion to quash must contain any of these grounds otherwise it will become unmeritorious.
• Grounds for motions to quash
1. The facts charged do not constitute an offense that means that the allegations do not constitute a crime, a criminal offense under the revised penal code or special penal law.
2. Jurisdiction over the offense charged.
3. Jurisdiction over the territory. If the crime committed abroad then Philippine court will have no jurisdiction over the territory because criminal law is territorial in nature.
4. Jurisdiction over the person of the accused. This is acquired by voluntary appearance or voluntary surrender or arrest of the accused.
• Test of the court's jurisdiction
- In determining the jurisdiction of the court in criminal cases, you have to go to the extent of penalty for which the law imposes on the misdemeanor crime or violation of the law charge.
GARING, DOLORES E. (3C4)
Good Day sir!
Below is the summary of what I’ve learned from today’s lesson.
Under Rule 117 MOTION TO QUASH
-it’s a special pleading filed by the defendant before entering his plea, which hypothetically admits the truth of the facts spelled out in the complaint or information, at the same time that it sets up matter which, if duly approved, would preclude further proceedings.
*Motion to Quash is filed before arraignment or before the accused enters his plea.
* Motion to quash is in the nature of the motion to dismiss
PERIOD TO FILE A MOTION TO QUASH AN INFORMATION OR COMPLAINT
- Any time before entering his plea, the accused may move to quash the information or complaint.
INSTANCES WHERE MOTION TO QUASH MAY BE FILED AFTER THE PLEA:
1. The FACTS CHARGED DO NOT CONSTITUTE AN OFFENSE
- it is when an information will allege a series of acts which is under the revised penal code or under the special penal law and is not a crime after all then even after you have entered your plea you can still file a motion to quash
2. LACK OF JURISDICTION OVER THE OFFENSE CHARGED
- for this, it is when the complaint filed is more than 6 years of imprisonment; if the offense charge is punishable with imprisonment for more than 6 years then the jurisdiction is under the RTC
3. The CRIMINAL ACTION OR LIABILITY HAS BEEN EXTINGUISHED
- it is when the prescription to file a complaint has already lapsed and then the criminal liability has been extinguished therefore even after the accused had already entered his plea he can still file a motion to quash.
4. DOUBLE JEOPARDY- it is when the accused is being held to answer for an offense twice
WHO MAY FILE?
- The right to file a motion to quash belongs only to the accused.
WHAT IS THE PURPOSE OF MOTION TO QUASH?
- To assail the validity of criminal information; if the criminal information is not valid then there can be no proceedings that can be had. Automatically the court will have to dismiss the case even prior to the presentation of evidence.
There are GROUNDS that a motion to quash must contain.
GROUNDS:
1. That the facts charged do not constitute an offense.
2. That the court trying the case has no jurisdiction over the offense charged.
3. That the court has no jurisdiction over the person of the accused.
4. That the officer who filed the information had no authority to do so.
5. That the information does not conform substantially to the prescribed form.
6. That more than one offense is charged except when a single punishment for various offense is prescribed by law.
7. That the criminal action or liability has been extinguished.
8. That it contains various averments which if true would constitute legal excuse or justification 9. That the accused has been previously convicted or acquitted of the offense charged, or the case against him or otherwise terminated without his express consent.
*NOTE: The enumeration is exclusive meaning a motion to quash must contain any of these grounds otherwise it will become unmeritorious
GROUNDS FOR MOTION TO QUASH:
-The facts charged do not constitute an offense that means the allegation do Not constitute crime criminal offense.
- Jurisdiction over the offense charged
- Jurisdiction over the territory if the crime has been committed abroad then Philippine court has No jurisdiction over the territory
-Jurisdiction over the person of the accused
Carpio, Aldrin V.
3C3
Thank you sir for the lecture!
Part 10 Rule 117
MOTION TO QUASH- It is a special pleading filed by the defendant before entering his plea with hypothetically admits the truth of the facts spelled on the complaint and information at the same time that is sets up a matter which, if duly proved would preclude further proceedings.
-It is filed before the arraignment or before the accused enter his plea.
Period to file a motion to quash an information or complaint
-Any time before entering his plea, the accused may move to quash thr information or complaint.
Instances where a motion to quash be filed after plea
-That facts charged to do not constitute an offense
-Lack of jurisdiction over the offense charged
-That criminal action or liability has been extinguished
-Double Jeopardy
Who may file the motion to quash?
- the right to file a motion to quash belongs only in accused
-the court may not grant the dismissal of a complaint without a motion file by the accused.
Grounds for a motion to quash the complaint or information
1. That facts charged do not constitute offense,
2. That the court trying that case has no jurisdiction over the offense charged,
3. That the court has no jurisdiction over the person of the accused,
4. That the officer who filed information had no authority to do so
5. That the information does not conform substantially to prescribe form
6. That more than one offense so charged except when a single punishment for a various offense is prescribed by law
7. That the criminal action or liability has been extinguished
8. That it contains various avements which if true would constitute legal excuse or jurisdiction
9. That the accused has been previously convicted or aquitted of the offense charged or the case against him was dismissed or otherwise terminated without his express consent.
Grounds
1. That the facts do not constitute an offense - this means the allegation do not constitute a crime or criminal offense under Revised Penal Code or Special Penal Law
2. Jurisdiction over the offense charged - if the complaint has been file in a court which has no jurisdiction over the offense then the information is void and can file a motion to quash
3. Jurisdiction over the territory - if the crime committed abroad the Philippine courts will have no jurisdiction over territory because criminal law is territorial in nature
4. Jurisdiction over the person of accused - acquire through voluntary surrender .
In determining the jurisdiction of courts in criminal cases you have to go the extent of penalty for which law imposes on the misdemeanor crime or violation of law charged
FAJANILAN, KRISTEL ANNE C.
3C1
Thank you Sir. This is the summary of what I've learned:
Rule 117 Motion to Quash
Motion to Squash is a special pleading filed by the defendant before entering his plea, which hypothetically admits the truth of the facts spelled out in the complaint or information, at the same time that it sets up a matter which, if duly approved, would preclude further proceedings.
Motion to Quash is filed before arraignment or before the accused enters his plea.
Hypothetical admission - the motion to quash will admit the truthfulness of the charge against the accused but the motion to quash will set up a matter which if proven will preclude further proceedings meaning the case will be dismissed.
The motion to quash is in the nature of motion to dismissed
• Period to file a motion to quash an information or complaint
- Any time before entering his plea, the accused may move to quash the information or complaint.
- Instances where a motion to quash may be filed even after plea:
1. The facts charged do not constitute an offense. (For example: the information will allege a series of acts or omissions which under the revised penal code or under the special penal law is not a crime after all then even after you have entered your plea you can still file a motion to quash)
2. Lack of jurisdiction over the offense charged. (For example: the complaint filed is morethan 6 years of imprisonment, if the offense charge is punishable with imprisonment for morethan 6 years then the jurisdiction is with the RTC)
3. The criminal action or liability has been extinguished. (For example: the prescription to file a complaint has already lapsed then the criminal liablity has been extinguished therefore even after the accused had already entered his plea he can still file a motion to quash.)
4. Double jeopardy (when the accused is vexed or being held to answer for an offense twice.)
• Who may file
- the right to file a motion to quash belongs only to the accused.
- the court may not grant the dismissal of a complaint without a motion filed by the accused so the court is not authorized to file to motu propio initiate a motion to quash issuing an order requiring why the information should not be questioned.
• Purpose of motion to Quash
- To assail the validity of a criminal information
- if the criminal information is not valid then there can be no proceedings that can be had. Automatically the court will have to dismiss the case even prior to the presentation of evidence.
• Grounds
1. That the facts charged do not constitute an offense.
2. That the court trying the case has not jurisdiction over the offense charged.
3. That the court has no jurisdiction over the person of the accused.
4. That the officer who filed the information had no authority to do so.
5. That the information does not conform substantially to the prescribed form.
6. That more than one offense is charged except when a single punishment for various offense is prescribed by law.
7. That the criminal action or liability has been extinguished.
8. That it contains various averments which if tru would constitute legal excuse or justification
9. That the accused has been previously convicted or acquitted of the offense charged, or the case against him or otherwise terminated without his express consent.
Note: The enumeration is exclusive meaning a motion to quash must contain any of these grounds otherwise it will become unmeritorious.
• Grounds for motions to quash
1. The facts charged do not constitute an offense that means that the allegations do not constitute a crime, a criminal offense under the revised penal code or special penal law.
2. Jurisdiction over the offense charged.
3. Jurisdiction over the territory. If the crime committed abroad then Philippine court will have no jurisdiction over the territory because criminal law is territorial in nature.
4. Jurisdiction over the person of the accused. This is acquired by voluntary appearance or voluntary surrender or arrest of the accused.
• Test of the court's jurisdiction
- In determining the jurisdiction of the court in criminal cases, you have to go to the extent of penalty for which the law imposes on the misdemeanor crime or violation of the law charge.
Javier, Kayce R.
3C1
Good day Sir! Thank you for the lecture. This is a summary of what I’ve learned.
Rule 117 Motion to Quash
A special pleading is filed by the defendant (accused) before entering his plea, which will hypothetically admits the allegation of the information and at the same time it will set up a matter which if duly proved will preclude proceedings. It is filed before arraignment before the accused enters his plea. It set up a matter which if proven will preclude further proceedings
Hypothetical Admission
Motion to quash will admit the truthfulness of the charge against the accused however the motion to quash will set up a matter which if proven will preclude further proceedings meaning the case will be dismissed.
Any time before entering his plea, the accused may move to quash the information or complaint.
Instances where a motion to quash may be filed even after plea:
(a)The facts charged do not constitute an offense; the information will allege a series of acts which under the RPC or special penalty law is not a criminal offense or is not a crime after all then even if after you have entered your plea you can still file a motion to quash.
(b)Lack of jurisdiction over the offense charged; the complaint filed is more than six years of imprisonment. The jurisdiction is with the RTC but supposing the prosecution filed the complaint before the MTC, the court has no jurisdiction over the jurisdiction over the offense charged.
(c) The criminal action or liability has been extinguished; when the prescription to file a complaint has already lapsed, then the criminal liability has been extinguished therefore even after the accused had already entered his plea. He can still file a motion to quash.
(d) Double jeopardy: when the accused is vexed
Who may file the motion to quash:
(a) the accused.
(b) the court may not grant the dismissal of a complaint without a motion filed by the accused so the court is not authorized to file to motu propio initiate a motion to quash issuing an order requiring why the information should not be questioned.
The purpose of the motion to quash is to assail the validity of criminal information and if the criminal information is not valid then there can be no proceedings that can be had. Automatically the court will have to dismiss the case even before the presentation of evidence.
Grounds
1. That the facts charged do not constitute an offense.
2. That the court trying the case has no jurisdiction over the offense charged.
3. That the court has no jurisdiction over the person of the accused.
4. That the officer who filed the information had no authority to do so.
5. That the information does not conform substantially to the prescribed form.
6. That more than one offense is charged except when a single punishment for the various offense is prescribed by law.
7. That the criminal action or liability has been extinguished.
8. That it contains various averments which if true would constitute legal excuse or justification
9. That the accused has been previously convicted or acquitted of the offense charged, or the case against him or otherwise terminated without his express consent.
Test of the court's jurisdiction
In determining the jurisdiction of the court in criminal cases, you have to go to the extent of the penalty for which the law imposes on the misdemeanor crime or violation of the law charge.
HOW TO ACQUIRE JURISDICTION OVER THE PERSON OF THE ACCUSED?
1. Voluntary surrender
2. Arrest
OFFICERS WHO ARE ONLY AUTHORIZED TO FILE AN INFORMATION IN COURT (not all prosecutors can file information in court):
1. Regional State Prosecutor
2. Provincial Prosecutor
3. City Prosecutor
TULAWE RICO O. BSCRIM-3C1
Good day ATTY. In this set of lecture series I've learned about MOTION TO QUASH Under Rule 117.
Mition to quash- is a special pleading filed by the dependant befire entering his plea, which hypothetically admits the truth of the facts spelled out in the complaint or information, at the same time that it sets up a matter which, if fully proved would preclude further proceedings.
-the case will be dismissed, in a nature of motion to Dismissed.
Period to file a motion to quash an information or complaint
GENERAL RULE:
- At any time before entering his plea, the accused may move to quash the information or complaint.
EXCEPTIONS:
* Instances where a motion to quash may be filed after plea:
1. The facys charged do not constitute an offense. The information will alledge is not a crime after all.
2. Lack of jurisdiction over the offense charge.
-The complaint filed is more than 6 years.
3.The criminal action or liability has been extinguished
4. Double Jeopardy - when the accused is being held to answer the offense twice.
Who may file?
* The right to file a motion to quash belongs only to the accused.
* The court is not authorised to moto proprio initiate a motion to quash by issuing an order requiring an explanation why the information should not be quashed.
* The court, though, has discretion to dismiss the case if the information is not sufficient or on any grounds provided by law, or to Dismiss the information for a different one.
Purpose of Motion To Quash
- The designated purpose of a motion to quash is to assail the validity of the criminal information for defects or defenses apparent on the face of the information.
If the criminal is not valid then, there can be no proceedings that can be had. Automatically the court will have to Dismiss the case even prior to the presentation of evidence.
* The accused is questioning whether the information filed against him is valid or not.
GROUNDS FOR A MOTION TO QUASH THE COMPLAINT OR INFORMATION
1. That the fact charged do not constitute an offense.
-means allegations do not constituteviolations under revised penal code or special pebal laws.
2. That the court trying the case has no jurisdiction over the offense charged.
-look at the jurisdictions of the court in prosecution of offense.
3. That the court has no jurisdiction over the person of the accused
ex. invalid arrest
4. That the officer who filed the information had no authority to do so.
5. That the information does not conform substantially to the prescribed form.
6. that more one offense is charged except when a single punishment for various offense is prescribed by law.
7. that the criminal action or liability has been extinguished.
8. That it contains various avernments which if true would constitute legal excuse or jurisdiction.
9. That the accused has been previously convicted or acquitted of the offense charged, or case against him was Dismissed or otherwise terminated without his express consent(Double Jeopardy ).
SUBIJANO, ARLENE V.
3C3
In this lesson, I've learned that in Rule 117 Motion to Quash:
Motion to quash
- is filed by the accused were in before entry is free file hypothetically admits the truth of facts spelled out in the complaint or information at the same time it will set up a matter which improved further proceedings.
- Motion to quash is filed before arraignment must be filed before arraignment or before the accused enters his plea.
- A motion to quash will hypothetically admits the truth.
Hypothetical admission
- the motion to quash will admit the truthfulness of charge against the accused but the motion to quash will set up a matter which give proven will preclude further proceedings.
- The case will be dismissed the motion to quash is in the nature or in the nature of a motion to dismiss.
The period to file a motion to quash information or complaint anytime before the accused enter his plea the accused may moved to quash the information or complaint there are certain exceptions.
In instances where a motion to quash may be file even after the accused enters his plea if the ground for motion to quash is that:
- the facts do not constitute an offense or the charged do not constitute an offense
- lack of jurisdiction over the offense charged
- the criminal action or liability has been extinguished
- double jeopardy
Exceptions can still file a motion to quash despite upon entering his plea.
* First exception the facts charged constitute an offense
-for example information will alleged a series of acts or omissions which under the revised penal code for under the special penal law is not a criminal offence or is not a crime after all even if after you have entered your plea can still file a motion to quash
* Second lack of jurisdiction over the offense charged
-for example complaint filed is more than six years of imprisonment if the offense charged is punishable with imprisonment for more than six years then the jurisdiction is with the regional trial court but assuming the prosecution filed a complaint before the municipal trial court or the first level courts then the court has no jurisdiction over the offense charged. Can a accused file a motion to quash even after arraignment answered is yes because the court lacks jurisdiction over the subject matter of the offense charged action or liability has been extinguished.
* Third the criminal action or liability has been extinguished.
-example: the prescription to file a complaint has already lapsed then the criminal liability has been extinguished therefore even after the accused had already entered his plea he can still file a motion to quash.
* Fourth double jeopardy
-when the accused is vexed or being held to answer for an offense twice.
Who may file
- the right to file a motion to quash belongs only to the accused.
- the court may not grant the dismissal of a complaint without a motion filed by the accused so the court is not authorized to file to motu propio initiate a motion to quash issuing an order requiring why the information should not be questioned.
Purpose of motion to Quash
- To assail the validity of a criminal information
- If the criminal information is not valid then there can be no proceedings that can be had.
Automatically the court will have to dismiss the case even prior to the presentation of evidence.
Grounds
- That the facts charged do not constitute an offense.
- That the court trying the case has not jurisdiction over the offense charged.
- That the court has no jurisdiction over the person of the accused.
- That the officer who filed the information had no authority to do so.
- That the information does not conform substantially to the prescribed form.
- That more than one offense is charged except when a single punishment for various offense is prescribed by law.
- That the criminal action or liability has been extinguished.
- That it contains various averments which if would constitute legal excuse or justification
- That the accused has been previously convicted or acquitted of the offense charged, or the case against him or otherwise terminated without his express consent.
Note: The enumeration is exclusive meaning a motion to quash must contain any of these grounds otherwise it will become unmeritorious.
Grounds for motions to quash
- The facts charged do not constitute an offense that means that the allegations do not constitute a crime, a criminal offense under the revised penal code or special penal law.
- Jurisdiction over the offense charged.
- Jurisdiction over the territory. If the crime committed abroad then Philippine court will have no jurisdiction over the territory because criminal law is territorial in nature.
- Jurisdiction over the person of the accused. This is acquired by voluntary appearance or voluntary surrender or arrest of the accused.
Test of the court's jurisdiction
- In determining the jurisdiction of the court in criminal cases, you have to go to the extent of penalty for which the law imposes on the misdemeanor crime or violation of the law charge.
DEL MUNDO, SHAINA D.
3C4
This is the summary of what I've learned;
Motion to quash under Rule 117
A motion to quash is a special pleading filed by the accused
in which no emotion to quash is filed before entering his plea, which will
hypothetically admit the information's allegation while also setting up a
matter that, if approved, will prevent further proceedings, so a motion to
quash is filed before arraignment. It must be filed before arraignment or
before the accused enters his play emotion to quash will hypothetically admit
the truth when you say hypothetical admission the motion to quash will admit
the truthfulness of the charge against the accused when you say hypothetical
admission the motion to quash will admit the truthfulness of the charge against
the accused when you say hypothetical admission the motion to quash will admit
the truthfulness of the charge against the accused when you say hypothetical
admission the motion to quash will admit the truthfulness. However, the move to
quash will create a matter that, if established, will bar further proceedings,
implying that the case will be dismissed. Emotion to quash is similar to
emotion to dismiss.
Andal, Jakelimuel L.
3c4
Good day sir. Thank you for this lecture.
This is the summary of what I learned in the discussion:
Rule 117 Motion to Quash
Motion to Squash is a special pleading filed by the defendant before entering his plea, which hypothetically admits the truth of the facts spelled out in the complaint or information, at the same time that it sets up a matter which, if duly approved would preclude further proceedings.
Then Hypothetical admission is the motion to quash will admit the truthfulness of the charge against the accused but the motion to quash will set up a matter which if proven will preclude further proceedings. It means that the case will be dismissed.
Next is the general rule:
- At any time before entering his plea, the accused may move to quash the information or complaint.
Instances where a motion to quash may be filed even after the accused enters his plea:
1. The facts do not constitute an offense where the facts;
The information will alleged a series of acts which under the RPC or special penalty law- is not a criminal offense or is not a crime after all then even if after you have entered your plea you can still file a motion to quash.
2. Lack of jurisdiction over the offense charge;
The complaint filed is more than six years of imprisonment, then the jurisdiction is with the RTC but supposing the prosecution filed the complaint before the MTC then the court has no jurisdiction over the offense charge.
3. The criminal action or liability has been extinguished;
When the prescription to file a complaint has already lapsed, then the criminal liability has been extinguished therefore even after the accused had already entered his plea. He can still file a motion to quash.
4. Double jeopardy
When the accused is vexed (being held to answer for an offense twice), you can file a motion to quash even after the accused had already entered his plea
Who may file the motion to quash:
(a) the accused.
(b) the court may not grant the dismissal of a complaint without a motion filed by the accused so the court is not authorized to file to motu propio initiate a motion to quash issuing an order requiring why the information should not be questioned.
Next is the purpose of the motion to quash is to assail the validity of criminal information and if the criminal information is not valid then there can be no proceedings that can be had. Automatically the court will have to dismiss the case even before the presentation of evidence.
These are the grounds:
1. That the facts charged do not constitute an offense.
2. That the court trying the case has not jurisdiction over the offense charged.
3. That the court has no jurisdiction over the person of the accused.
4. That the officer who filed the information had no authority to do so.
5. That the information does not conform substantially to the prescribed form.
6. That more than one offense is charged except when a single punishment for various offense is prescribed by law.
7. That the criminal action or liability has been extinguished.
8. That it contains various averments which if tru would constitute legal excuse or justification
9. That the accused has been previously convicted or acquitted of the offense charged, or the case against him or otherwise terminated without his express consent.
PASTRANA, KATRINE L.
3C2
MOTION TO QUASH
- A special pleading filed by the defendant (accused) before entering his plea, which will hypothetically admits the allegation of the information and at the same time it will set up a matter which if duly proved will preclude proceedings.
- Filed before arraignment before the accused enters his plea.
- Set up a matter which if proven will preclude further proceedings
HYPOTHETICAL ADMISSION
- Motion to quash that will admit the truthfulness of the charge against the accused.
GENERAL RULE
- At any time before entering his plea, the accused may move to quash the information or complaint.
EXCEPTIONS (instances where a motion to quash may be filed even after the accused enters his plea):
1. The facts do not constitute an offense where the facts;
- The information will alleged a series of acts which under the RPC or special penalty law- is not a criminal offense or is not a crime after all then even if after you have entered your plea you can still file a motion to quash.
2. Lack of jurisdiction over the offense charge;
- The complaint filed is more than six years of imprisonment, then the jurisdiction is with the RTC but supposing the prosecution filed the complaint before the MTC then the court has no jurisdiction over the offense charge.
3. The criminal action or liability has been extinguished;
- When the prescription to file a complaint has already lapsed, then the criminal liability has been extinguished therefore even after the accused had already entered his plea. He can still file a motion to quash.
4. Double jeopardy
- When the accused is vexed (being held to answer for an offense twice), you can file a motion to quash even after the accused had already entered his plea
NOTE:
- Under the exceptions, the accused can still file a motion to quash despite entering his plea.
- The accused can file a motion to quash even after the arraignment because the court has lack of jurisdiction over the subject matter of the offense charged.
WHO MAY FILE (VOTE TO QUASH)
- ONLY THE ACCUSED
- The court is not authorized to file moto proprio initiate a motion to quash by issuing an order requiring why the information should not be quashed.
- Court has the discretion to dismiss a case if the information is not sufficient.
PURPOSE OF A MOTION TO QUASH
- The designated purpose of a motion to quash is to assail the validity of a criminal information (if the criminal information is not valid then there can be no proceedings) for detects or defenses apparent on the face of the information.
GROUNDS
1. The facts do not constitute an offense where the facts.
2. That the court trying the case has no jurisdiction over the offense charged.
3. That the court has no jurisdiction over the person of the accused.
4. That the officer who filed the information had no authority to do so.
5. That the information does not conform substantially to the prescribed form.
6. That more than one offense is charged except when a single punishment for various offense is prescribed by law.
7. That the criminal action or liability has been extinguished.
8. That contains various averments which if true would constitute legal excuse or justification.
9. That the accused has been previously convicted or acquitted of the offense charge, or the case against him was dismissed or otherwise terminated without express consent of accused or double jeopardy.
NOTE: THE ENUMERATION IS EXCLUSIVE.
HOW TO ACQUIRE JURISDICTION OVER THE PERSON OF THE ACCUSED?
1. Voluntary surrender
2. Arrest
OFFICERS WHO ARE ONLY AUTHORIZED TO FILE AN INFORMATION IN COURT (not all prosecutors can file information in court):
1. Regional State Prosecutor
2. Provincial Prosecutor
3. City Prosecutor
NOTE: The information is not valid if it is filed by the DEPUTY CITY PROSECUTOR. In this case the remedy of the accused there is to file motion to quash invoking paragraph four of rule 117.
Mea, Katherine Joy
3C2
Good day Atty, this is the summary of what I have learned.
Under rule 117, the motion to quash special pleading filed by the defendant before entering his plea, which hypothetically admits the truth of the facts spelled out in the complaint or information at the same time that it set up a matter which if duly proved would preclude further proceedings.
These are the grounds that may move to quash the compliant
(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.
Who may file
The right to file a motion to quash belongs only to the accused, and the court may not grant the dismissal of a complaint without a motion filed by the accused
On the purpose of a motion to quash is designated purpose of a motion to quash is to assail the validity of criminal information which is why class we said that a motion to quash is a special cleaning it is a special pleading because it sets into a question the validity of the criminal information if the criminal information is not valid then there can be no proceedings that can be had automatically the court will have to dismiss.
wow
PONTIGA JHENNIE T
3C2 BSCRIMINOLOGY
Goodevening Atty here are some of the key point that I have learned after watching you video.
First from Part 10 Rule 117 Motion to Quash:
• Motion to Squash is a special pleading filed by the defendant before entering his plea, which hypothetically admits the truth of the facts spelled out in the complaint or information, at the same time that it sets up a matter which, if duly approved, would preclude further proceedings.
• Motion to Quash is filed before arraignment or before the accused enters his plea.
Hypothetical admission - the motion to quash will admit the truthfulness of the charge against the accused but the motion to quash will set up a matter which if proven will preclude further proceedings meaning the case will be dismissed.
• The motion to quash is in the nature of motion to dismissed
Period to file a motion to quash an information or complaint:
•At any time before entering his plea, the accused may move to quash the information or complaint.
Instances where a motion to quash may be filed even after plea:
1. The facts charged do not constitute an offense.
2. Lack of jurisdiction over the offense charged.
3. The criminal action or liability has been extinguished.
4. Double jeopardy.
Who may file?
•The right to file a motion to quash belongs only to the accused.
•The court may not grant the dismissal of a complaint without a motion filed by the accused so the court is not authorized to file to motu propio initiate a motion to quash issuing an order requiring why the information should not be questioned.
Purpose of motion to Quash:
•To assail the validity of a criminal information.
•If the criminal information is not valid then there can be no proceedings that can be had. Automatically the court will have to dismiss the case even prior to the presentation of evidence.
What are the Grounds:
1. That the facts charged do not constitute an offense.
2. That the court trying the case has not jurisdiction over the offense charged.
3. That the court has no jurisdiction over the person of the accused.
4. That the officer who filed the information had no authority to do so.
5. That the information does not conform substantially to the prescribed form.
6. That more than one offense is charged except when a single punishment for various offense is prescribed by law.
7. That the criminal action or liability has been extinguished.
8. That it contains various averments which if tru would constitute legal excuse or justification
9. That the accused has been previously convicted or acquitted of the offense charged, or the case against him or otherwise terminated without his express consent.
Note:
•The enumeration is exclusive
• Motion to quash must contain any of these grounds otherwise it will become unmeritorious.
Grounds for motions to quash:
1. The facts charged do not constitute an offense that means that the allegations do not constitute a crime, a criminal offense under the revised penal code or special penal law.
2. Jurisdiction over the offense charged.
3. Jurisdiction over the territory. If the crime committed abroad then Philippine court will have no jurisdiction over the territory because criminal law is territorial in nature.
4. Jurisdiction over the person of the accused. This is acquired by voluntary appearance or voluntary surrender or arrest of the accused.
That’s all thankyou.
Sir maari ba akong magsulat ng motion to quash in Filipino?
LANDICHO, NEIL M.
3C2
THANK YOU SIR FOR THIS LECTURE.
RULE 117 MOTION TO QUASH. A special pleading is filed by the defendant (accused) before entering his plea, which will hypothetically admits the allegation of the information and at the same time it will set up a matter which if duly proved will preclude proceedings. It is filed before arraignment before the accused enters his plea. It set up a matter which if proven will preclude further proceedings
HYPOTHETICAL ADMISSION. Motion to quash will admit the truthfulness of the charge against the accused however the motion to quash will set up a matter which if proven will preclude further proceedings meaning the case will be dismissed.
WHO MAY FILE THE MOTION TO QUASH:
the accused.
the court may not grant the dismissal of a complaint without a motion filed by the accused so the court is not authorized to file to motu propio initiate a motion to quash issuing an order requiring why the information should not be questioned.
The purpose of the motion to quash is to assail the validity of criminal information and if the criminal information is not valid then there can be no proceedings that can be had. Automatically the court will have to dismiss the case even before the presentation of evidence.
Grounds
1. That the facts charged do not constitute an offense.
2. That the court trying the case has no jurisdiction over the offense charged.
3. That the court has no jurisdiction over the person of the accused.
4. That the officer who filed the information had no authority to do so.
5. That the information does not conform substantially to the prescribed form.
6. That more than one offense is charged except when a single punishment for the various offense is prescribed by law.
7. That the criminal action or liability has been extinguished.
8. That it contains various averments which if true would constitute legal excuse or justification
9. That the accused has been previously convicted or acquitted of the offense charged, or the case against him or otherwise terminated without his express consent.
ARBISO, ARVIE D. 3C4
UMALI, ANGELICA JANE M.
3C2
Motion to Quash
It is a special pleading filed by the defendant before entering his plea, which hypothetically admits the truths the truth of the facts spelled out in the complaint or information, at the same time that it sets up a matter which, if duly proved, would preclude further proceedings.
*Motion to quash is filed before arraignment. It hypothetically admit the truth. Hypothetical admission- the motion to quash will admit the truthfulness of the charged against the accused but the motion to quash will set a matter prove and preclude the proceeding. The case will dismissed
Period to file a motion to quash an information or complaint
GR. At any time before entering his plea the accused may move to quash the information or complaint (sec 1, rule 117).
XPN. Instances where a motion to quash may be filed after plea.
1. The facts charged do not constitute an offense
-not a criminal offense under RPC
2. Lack of jurisdiction over the offense charged
-complaint filed is more than 6 years of imprisonment, the jurisdiction is in RTC
3. The criminal action or liability has been extinguished
-prescription to file a complaint is already lapsed then the criminal liability is extinguished
4. Double jeopardy (sec 9 rule 117)
-answer twice
The accused can still file a motion to quash despite entering his plea.
Who may file
-The right to motion to quash belongs only to the accused
-The court is not authorized to motu proprio initiate a notion to quash by issuing an order requiring an explanation why the information should not be quashed.
-The court, though, has the discretion to dismiss the case if the information is not sufficient or on any ground provided by law, or to dismiss the information for a different one.
Purpose of motion to quash
The designated purpose of a motion to quash is to assail the validity of the criminal information foe defects or defenses apparent on the face of the information.
-Lawful defense, valid or not
Grounds for a motion to quash the complaint or information
1. That the facts charged do not constitute the offense
2. That the court trying the case has no jurisdiction over the offense charged
3. That the court has no jurisdiction over the offense charged
4. That the officer who filed the formation had no authority to do so
-a certain authorized officer can file information like city, provincial prosecutor.
5. That the formation does not conform substantially to the prescribed form
6. That more than one offense is charged except when a single punishment for various offense is prescribed by law;
7. That the criminal action or liability has been extinguished
8. That it contains various averments which if true would constitute legal excuse or justifications
9. 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 (double jeopardy) (sec 3 rule 117)
Note. The enumeration is exclusive.
GROUNDS FOR MOTION TO QUASH
1. The facts charged does not constitute an offense
It is fundamental that the complaint or information must state every fact necessary to make out an offense for the constitution guarantees that in all criminal prosecutions the accused should be informed of the nature and cause of the accusation against him (sec 14 (2) art. 111 1987 Constitution).
It is required that the acts or omissions complained of as constituting the offense must be in ordinary and concise language so as to enable a person of common understanding to know what offense is intended to be charged, and to enable the court to pronounce judgment. (Sec. 9, Rule 110)
2. Jurisdiction over the offense charged
If the trial court has no jurisdiction but the case was trial and decided upon the theory that it had jurisdiction, the parties are not barred, on appeal, from assailing such jurisdiction, for the same must exits as a matter of law, and nay be conferred by consent od the parties or by estoppel
3. Jurisdiction over the territory
In criminal proceedings, no one should be held to answer for any crime committed by him except in the jurisdiction where it was committed.
4. Jurisdiction over the person of the accused
Jurisdiction over the person is that acquired by the voluntary appearance of a party in court and his submission to its authority or by the coercive power of legal process exerted over the person of the accused may be waived, either expressly or by implication.
Test of the courts jurisdiction
Gr. What determines the jurisdiction of the court in criminal cases is the extent of the penalty which the law imposes on the misdemeanor, crime or violation of law charged.
XPN.
1. Jurisdiction of the Sandiganbayan which is not based on the penalty provided by law, but on the salary grade of the public official
2. Libel, which is within the exclusive jurisdiction of the RTC although the imposable penalty does not exceed 6 years
3. Those offenses cognizable by the family court where the determining factor is the minority of any parties.