Criminal Procedure: Motion to Quash (Rule 117)

Rule 117 of the Rules of Court.

Before the accused enters a plea, subject to grounds that are not waived.

A request to dismiss a criminal complaint or information on a ground recognized by Rule 117.

The charge may be quashed if the allegations, taken as true, fail to establish an offense.

Failure to charge an offense, lack of jurisdiction over the offense, extinction of criminal liability, and double jeopardy.

The constitutional protection against being prosecuted or punished again for the same offense after jeopardy has validly attached and terminated.

A valid charge before a competent court, arraignment and plea, and a qualifying acquittal, conviction, or dismissal without the accused's express consent.

No. The bar depends on whether jeopardy attached and how the case was terminated.

A dismissal with the accused's express consent and notice to the offended party, subject to the rule's conditions.

After one year without revival, subject to Rule 117's requirements.

After two years without revival, subject to Rule 117's requirements.

Rule 118 of the Rules of Court.

Yes. The court must order pretrial after arraignment within the period prescribed by the rule.

Plea bargaining, stipulation of facts, marking of evidence, waiver of objections, and other matters promoting fair and expeditious trial.

To establish agreed facts and narrow the issues requiring proof at trial.

Rule 119 of the Rules of Court.

The prosecution, followed by the defense, subject to applicable procedural rules.

To seek dismissal after the prosecution rests because its evidence is insufficient to sustain a conviction.

The accused may still present defense evidence.

The accused waives the right to present evidence and submits the case for judgment on the prosecution's evidence.

It results in an acquittal, ordinarily protected against further prosecution by double jeopardy.

Proceeding with trial despite the accused's absence when the constitutional and procedural requisites are satisfied.

The accused has been arraigned, duly notified of trial, and fails to appear without justifiable cause.

Rule 120 of the Rules of Court.

The court's adjudication determining whether the accused is guilty or not guilty and specifying the legal consequences.

The offense and participation established, applicable circumstances, penalty, and civil liability or damages when appropriate.

A difference between the charged offense and the evidence-established offense, governed by Rule 120's included-offense provisions.

When the proven offense is necessarily included in the charged offense, or otherwise permitted under Rule 120.

The formal announcement or reading of the judgment in the manner prescribed by Rule 120.

The accused may lose specified postjudgment remedies, subject to the rule's provisions for surrender and justification.

Rule 121 of the Rules of Court.

Prejudicial errors of law or irregularities, and newly discovered evidence meeting the rule's requirements.

The evidence was discovered after trial, could not have been found with reasonable diligence, and would probably change the judgment.

A request to reexamine the judgment because of claimed errors of law or fact.

Rule 122 of the Rules of Court.

Fifteen days from promulgation of judgment or notice of the final order, subject to applicable rules.

It interrupts the period to appeal, subject to the governing procedural rules.

No. Double jeopardy generally bars an appeal seeking to reverse a valid acquittal.

Ordinary remedies are exhausted or no longer available, and the judgment becomes enforceable under law.

Rule 126 of the Rules of Court, together with constitutional requirements.

A written order issued in the name of the People of the Philippines, signed by a judge, directing a peace officer to search for specified personal property and bring it before the court.

Probable cause personally determined by a judge after examination under oath or affirmation, with particular description of the place and items to be seized.

A search warrant must be issued in connection with one specific offense.

Ten days from its date, after which it becomes void.

Execution is generally during daytime unless the warrant expressly authorizes service at any time on a sufficient showing.

The lawful occupant or a family member, or, in their absence, two witnesses of sufficient age and discretion residing in the same locality.

A recognized exception permitting seizure of evidence plainly visible to an officer lawfully present, when its incriminating character is immediately apparent.

A warrantless search of the arrested person and the area within immediate control, within constitutional limits.

Evidence obtained in violation of the constitutional protection against unreasonable searches and seizures is inadmissible for any purpose in any proceeding.

Rule 127 of the Rules of Court.