Rule 117 MOTION TO QUASH (MTQ)

Section 1. Time to move to quash General Rule At any time before entering his plea, the accused may move to quash the complaint or information. Exceptions: Under Sec. 9, Rule 117 MTQ may still be filed after arraignment due to any of the following grounds: 1. 2. 3. 4. that the facts alleged in the information charge no offense; that the court has no jurisdiction over the offense charged; that the offense or penalty has prescribed; or that the doctrine of double jeopardy precludes the filing of the information.

Motion to Quash (MTQ) A hypothetical admission that even if all the facts alleged were true, the accused still cannot be convicted due to other reasons. Quashal (Q) vs Nolle Prosequi (NP) NP is initiated by the Prosecutor while a Quashal of Information is upon motion to quash filed by the ACCCUSED. Nolle Prosequi is a dismissal of case by the government before the accused is placed on trial and before he is called to plead, with the approval of the court in the exercise of its judicial discretion. NP is not an acquittal, not a final disposition and does not bar a subsequent prosecution for the same offense. Right to File MTQ There is nothing in the rules which authorizes the court or judge to motu propio initiate MTQ by issuing an order requiring why the information may not be quashed on the ground stated in the order. Section 2. Form and Contents Required Form of MTQ 1. It must be in writing. 2. It must be signed by the accused OR his counsel. 3. It must specify the factual and legal grounds on which it is based.

Section 3. Grounds 1. 2. 3. 4. 5. 6. Facts charged do not constitute an offense. The court trying the case has no jurisdiction over the offense charged. The court trying the case has no jurisdiction over the person of the accused. The officer who filed the information had no authority to do so. It does not conform substantially to the prescribed form. More than one (1) offense is charged except when a single punishment for various offenses is prescribed by law. 7. The criminal action or liability has been extinguished. 8. MTQ contains averments which, if true, would constitute a legal excuse or jurisdiction. 9. 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. Section 4. Amendment of Complaint or Information If the motion to quash is BASED ON AN ALLEGED DEFECT of the complain or information which can be cured by amendments, the court shall order that an amendment be made. If it is BASED ON THE GROUND THAT THE FACTS CHARGED DO NOT CONSTITUTE AN OFFENSE, the prosecution shall be given by the court an opportunity to correct the defect by amendment. The MOTION SHALL BE GRANTED if the prosecution fails to make the amendments, or the complaint or information still suffers from the same defect despite the amendment. Section 5. Effect of Sustaining the Motion to Quash