Friday, June 19, 2015

GROUNDS FOR MOTION TO QUASH: | MVP Law | Philippines

See - GROUNDS FOR MOTION TO QUASH: | MVP Law | Philippines





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GROUNDS FOR MOTION TO QUASH:

Section 3 of Rule 17 enumerates the grounds for the quashal of a complaint or information, as follows: 

(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.