Motion to Quash an Information Philippines: 8 Key Grounds

Q: When should a motion to quash be filed?

Generally, it should be filed before arraignment and before entering a plea .

motion to quash an Information Philippines

Motion to quash an Information Philippines is a pleading filed by an accused before entering a plea to challenge a criminal Information on specific grounds recognized under Rule 117 of the Rules of Court.

What Is a Motion to Quash an Information?

A motion to quash is a written pleading asking the court to dismiss or invalidate a criminal Information because of a recognized legal defect. It must distinctly state the factual and legal grounds relied upon.

The purpose of an Information is to sufficiently inform the accused of the facts and acts constituting the offense charged. If the Information is legally insufficient, the accused may challenge it through a motion to quash before entering a plea.

Motion to Quash an Information Philippines: When Can It Be Filed?

The general rule is that a motion to quash an Information must be filed before the accused enters a plea.

A motion to quash an Information Philippines is generally filed before the accused enters a plea during arraignment.

Arraignment is ordinarily the stage when the accused enters a plea of guilty or not guilty. Once a plea has been entered, objections to most defects in the Information are generally considered waived.

The timing of a motion to quash an Information Philippines is important because most objections are waived once the accused enters a plea.

However, Rule 117, Section 9 preserves certain objections even after plea.

These include:

the facts charged do not constitute an offense;
lack of jurisdiction over the offense;
extinction of the criminal action or liability; and
previous conviction or acquittal, or prior dismissal or termination without the accused’s express consent.

What Are the Grounds for a Motion to Quash?

Under Rule 117, Section 3, an accused may seek to quash an Information on these grounds:

The facts charged do not constitute an offense;
The court has no jurisdiction over the offense or the person of the accused;
The officer who filed the Information had no authority to do so;
The Information does not substantially conform to the prescribed form;
More than one offense is charged, unless the law prescribes a single punishment for the various offenses;
The criminal action or liability has been extinguished;
The allegations constitute a legal excuse or justification; or
The accused has previously been convicted or acquitted, or the case was dismissed or otherwise terminated without the accused’s express consent.

The applicable ground should be specifically stated and supported by the circumstances of the case.

How Does the Court Evaluate a Motion to Quash?

When the challenge is that the facts charged do not constitute an offense, the court generally examines the allegations in the Information and hypothetically admits them as true.

The question is whether those allegations sufficiently state the essential elements of the offense charged.

The court ordinarily does not determine the truth of the allegations or weigh evidence that belongs to trial. The Information must allege the ultimate facts constituting the offense, but it need not plead every piece of evidence that the prosecution intends to present.

What Happens If the Motion to Quash Is Granted?

If the court grants the motion, it may order the filing of another complaint or Information, unless the ground for dismissal permanently bars another prosecution.

If the accused is in custody, the court may address continued detention and bail while a new Information is filed. If no new Information is filed within the period fixed by the court, subject to extensions for good cause, the accused may be discharged unless lawfully detained for another charge.

Importantly, dismissal upon the accused’s own motion does not automatically constitute an acquittal or create double jeopardy. The effect depends on the ground and circumstances of the dismissal.

Can an Accused File for Bail and a Motion to Quash?

Yes. These remedies generally address different issues.

A motion to quash challenges the validity or sufficiency of the Information, while bail concerns the accused’s provisional liberty during the criminal proceedings.

The Supreme Court has recognized that an accused may apply for bail even before arraignment and that filing a motion to quash does not, by itself, prevent an application for bail.

Can a Motion to Quash Be Filed After Arraignment?

Generally, no.

The ordinary rule is that objections covered by Rule 117 must be raised before the accused enters a plea. Otherwise, most objections are waived.

The important exceptions are those expressly preserved under Rule 117, Section 9, particularly objections involving failure to charge an offense, jurisdiction, extinction of criminal liability, and double jeopardy.

Key Takeaway

A motion to quash an Information Philippines case should ordinarily be addressed before arraignment and before the accused enters a plea.

The motion must identify a specific ground under Rule 117 and explain why the Information is legally defective. Waiting until after plea may result in waiver of the objection, subject to the limited exceptions under the Rules.

Before filing, counsel should carefully examine the Information, the court’s jurisdiction, the authority of the prosecutor, the elements of the offense charged, prior proceedings, and the procedural history of the case.

Frequently Asked Questions (FAQs)

Can an accused file a motion to quash an Information?

Yes. The accused may file one before entering a plea, subject to the grounds under Rule 117.

When should a motion to quash be filed?

Generally, it should be filed before arraignment and before entering a plea.

What happens if the accused pleads not guilty first?

Most objections that could have been raised through a motion to quash are generally deemed waived, subject to the exceptions in Rule 117, Section 9.

Can the accused file a motion to quash and apply for bail?

Yes. The two remedies are generally not inconsistent because they address different legal issues.

Does granting a motion to quash permanently end the criminal case?

Not necessarily. Depending on the ground for dismissal, another complaint or Information may be filed, provided that no legal bar prevents another prosecution.

Legal Authorities

This article is for general legal information and does not replace advice based on the actual Information, case record, and procedural history.

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This article was prepared by Romualdez Law Offices, a Philippine law firm providing legal services in criminal law, family law, corporate law, civil, property, and dispute resolution.

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