Category Archives: Motion to Quash

Motion to quash and Provisional Dismissal Distinguished and Compared

Posted on March 7, 2015 by Erineus

Quashal v. Provisional Dismissal Motion to Quash A motion to quash is the mode by which an accused assails, before entering his plea, the validity of the criminal complaint or the criminal information filed against him for insufficiency on its … Continue reading →

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Motion to quash is proper even after the accused had been arraigned if the same is grounded on failure to charge an offense and lack of jurisdiction of the offense charged, extinction of the offense or penalty and jeopardy.

Posted on May 6, 2011 by Erineus

At issue is whether or not the Sandiganbayan acted with grave abuse of discretion in denying petitioner’s motion to quash the informations filed after she had pleaded thereto. Rule 117, Section 8 of the 1985 Rules on Criminal Procedure, as … Continue reading →

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The absence of a preliminary investigation does not impair the validity of an information or render it defective. Neither does it affect the jurisdiction of the court or constitute a ground for quashing the information.

Posted on May 5, 2011 by Erineus

The absence of a preliminary investigation does not impair the validity of an information or render it defective.  Neither does it affect the jurisdiction of the court or constitute a ground for quashing the information.  Instead of dismissing the information, … Continue reading →

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