X FILED A MOTION TO QUASH ON THE FOLLOWING GROUNDS: THAT THE COURT LACKED JURISDICTION OVER THE PERSON OF THE ACCUSED AND THAT THE COMPLAINT CHARGED MORE THAN ONE OFFENSE. > The test is whether the facts alleged would establish the essential elements of the crime as defined by law, and in this examination, matters aliunde are not considered WHAT IS THE TEST TO DETERMINE THE VALIDITY OF A MOTION TO QUASH ON THE GROUND THAT THE FACTS AVERRED IN THE INFORMATION DON’T AMOUNT TO AN OFFENSE? > No, denial of due process is not one of the grounds for a motion to quash In these cases, additional facts are allowed.ĬAN THE ACCUSED MOVE TO QUASH ON THE GROUND THAT HE IS DENIED DUE PROCESS? > The exceptions to the rule are when the grounds invoked to quash the information are extinction of criminal liability, prescription, and former jeopardy. Other facts, such as matters of defenses, which are not in the information should not be considered > Therefore, since the defendant assumes that the facts in the information are true, only these facts should be taken into account and the court resolves the motion to quash. > It means that the accused argues that assuming that the facts charged are true, the information should still be dismissed based on the ground invoked by the defendant. WHAT IS MEANT BY THE STATEMENT THAT A MOTION TO QUASH HYPOTHETICALLY ADMITS ALLEGATIONS OF FACT IN THE INFORMATION? > Matters of defense are generally not a ground for a motion to quash they should be presented at the trial > The accused is already making a defense X FILED A MOTION TO QUASH AN INFORMATION ON THE GROUND THAT HE WAS IN THE US WHEN THE CRIME CHARGED WAS COMMITTED. If this is the ground for dismissing the case, it need not be alleged in the motion to quash since it goes into the very competence of the court to pass upon the case. > The exception is the lack of jurisdiction over the offense charged.
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> The general rule is no, the court cannot consider any ground other than those stated in the motion to quash. That the accused has been previously convicted or acquitted of the offense charged, or the case against him has been dismissed or otherwise terminated without the consent of the accusedĬAN THE COURT DISMISS THE CASE BASED ON GROUNDS THAT ARE NOT ALLEGED IN THE MOTION TO QUASH? That it contains averments which, if true, would constitute a legal excuse or justificationĩ. That criminal liability or action has been extinguishedĨ. That more than one offense is charged except when a single punishment for various offenses is prescribed by lawħ. That it doesn’t conform substantially to the form subscribedĦ. That the officer who filed the information didn’t have authority to do soĥ. That the court trying the case doesn’t have jurisdiction over the accusedĤ. That the court trying the case doesn’t have jurisdiction over the offenseģ. That the facts charged don’t constitute an offenseĢ. WHAT ARE THE GROUNDS THAT THE ACCUSED MAY INVOKE TO QUASH A COMPLAINT OR INFORMATION?ġ. (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. (h) That it contains averments which, if true, would constitute a legal excuse or justification and (g) That the criminal action or liability has been extinguished (f) That more than one offense is charged except when a single punishment for various offenses is prescribed by law (e) That it does not conform substantially to the prescribed form (d) That the officer who filed the information had no authority to
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(c) That the court trying the case has no jurisdiction over the person of the accused (b) That the court trying the case has no jurisdiction over the offense charged (a) That the facts charged do not constitute an offense
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– The accused may move to quash the complaint or information on any of the following grounds: It must specify its factual and legal grounds It must be signed by the accused or his counselģ. WHAT IS THE FORM REQUIRED FOR A MOTION TO QUASH?Ģ. Ground other than those stated in the motion, except lack of jurisdiction over the offense charged. – The motion to quash shall be in writing, signed by the accused or his counsel and shall distinctly specify its factual and legal grounds. There is no inconsistency that exists between an application of an accused for bail and his filing of a motion to quash. THIS WAS FILED TOGETHER WITH AN APPLICATION FOR BAIL. X FILED A MOTION TO QUASH AS THE FACTS IN THE INFORMATION DIDN’T CONSTITUTE AN OFFENSE. > At any time before entering the plea, the accused may move to quash the complaint or informationĪN INFORMATION WAS FILED AGAINST X. WHEN CAN THE ACCUSED FILE A MOTION TO QUASH? – At any time before entering his plea, the accused may move to quash the complaint or information.