Tuesday, March 31, 2015

Remedy against the denial of a motion to quash



"The remedy against the denial of a motion to quash is for the movant accused to enter a plea, go to trial, and should the decision be adverse, reiterate on appeal from the final judgment and assign as error the denial of the motion to quash. The denial, being an interlocutory order, is not appealable, and may not be the subject of a petition for certiorari because of the availability of other remedies in the ordinary course of law."


See:
G.R. No. 166414, October 22, 2014
GODOFREDO ENRILE AND DR. FREDERICK ENRILE, Petitioners, vs. HON. DANILO A. MANALASTAS (AS PRESIDING JUDGE, REGIONAL TRIAL COURT OF MALOLOS BULACAN, BR. VII), HON. ERANIO G. CEDILLO, SR., (AS PRESIDING JUDGE, MUNICIPAL TRIAL COURT OF MEYCAUAYAN, BULACAN, BR.1) AND PEOPLE OF THE PHILIPPINES, Respondents.