Rule 117 \u2013 Motion to Quash.pdf - CRIMINAL PROCEDURE RULE 117 \u2013 MOTION TO QUASH SECTION ONE \u2013 TIME TO MOVE THE QUASH QUASHAL VS NOLLE PROSEQUI \u2022

Rule 117 u2013 Motion to Quash.pdf - CRIMINAL PROCEDURE...

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1 RULE 117 MOTION TO QUASH CRIMINAL PROCEDURE RULE 117 MOTION TO QUASH SECTION ONE TIME TO MOVE THE QUASH QUASHAL VS. NOLLE PROSEQUI: The quashal of the complaint or information is different from a nolle prosequi, although both have one result, which is the dismissal of the case. A nolle prosequi is initiated by the prosecutor while a quashal of information is upon motion to quash filed by the accused. NOTE: A nolle prosequi is a dismissal of the criminal case by the government before the accused is placed on trial and before he is called to plead, with the approval of the court in the exercise of its judicial discretion. It partakes of the nature of a non-user or discontinuance in a civil suit and leaves the matter in the same condition in which it was before the commencement of the prosecution. It is not an acquittal ; it is not a final disposition of the case; and it does not bar a subsequent prosecution for the same offense. GENERAL RULE: A motion to quash (MTQ) may be filed by the accused at any time before the accused enters his plea. Thereafter, no MTQ can be entertained by the court. EXCEPTION: Under Section 9, Rule 117, which adopts the omnibus motion rule. This means that an MTQ may still be filed after arraignment on the ground (1) that the facts alleged in the information charge no offense, (2) that the court has no jurisdiction over the offense charged, (3) that the offense or penalty has prescribed, or (4) that the doctrine of double jeopardy precludes the filing of the information. RIGHT TO FILE MTQ BELONGS ONLY TO THE ACCUSED There is nothing in the rules which authorizes the court or judge to motu proprio initiate an MTQ by issuing an order requiring why the information may not be quashed on the ground stated in said order.
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