Section 1. Time to move to quash. — At any time before entering his plea, the accused may move to quash the complaint or information. (Rule 117, Rules of Court)


Who has the right to file a motion to quash? Can the judge motu proprio quash the criminal information or complaint without any motion to that effect being filed by the accused?

It is also clear from Section 1 that the right to file a motion to quash belongs only to the accused. There is nothing in the rules which authorizes the court or judge to motu proprio initiate a motion to quash if no such motion was filed by the accused. A motion contemplates an initial action originating from the accused. It is the latter who is in the best position to know on what ground/s he will base his objection to the information. Otherwise, if the judge initiates the motion to quash, then he is not only pre-judging the case of the prosecution but also takes side with the accused. This would violate the right to a hearing before an independent and impartial tribunal. Such independence and impartiality cannot be expected from a magistrate, such as herein respondent judge, who in his show cause orders, orders dismissing the charges and order denying the motions for reconsideration stated and even expounded in a lengthy disquisition with citation of authorities, the grounds and justifications to support his action.  Certainly, in compliance with the orders, the prosecution has no choice but to present arguments contradicting that of respondent judge. Obviously, however, it cannot be expected from respondent judge to overturn the reasons he relied upon in his different orders without contradicting himself. To allow a judge to initiate such motion even under the guise of a show cause order would result in a situation where a magistrate who is supposed to be neutral, in effect, acts as counsel for the accused and judge as well. A combination of these two personalities in one person is violative of due process which is a fundamental right not only of the accused but also of the prosecution. 

The rule is clear that only an accused may move to quash a Complaint or Information. However, for the guidance of the Bench and the Bar, the Court deems it imperative to clarify that Nitafan does not apply to paragraphs (a), (b), (g) and (i), Sec. 3 of Rule 117. It is obvious that proceeding to trial after arraignment would be utterly pointless if: (1) the Information alleges facts that do not constitute an offense; (2) the trial court has no power and authority to take cognizance of the offense being charged against the accused; (3) the accused cannot anymore be made to stand charges because the criminal action or liability had been extinguished under Art. 89 of the RPC or some other special law; or (4) the accused would be placed in double jeopardy. In these instances, the trial court is allowed to act sua sponte provided that it shall first conduct a preliminary hearing to verify the existence of facts supporting any of such grounds. Should the trial court find these facts to be adequately supported by evidence, the case shall be dismissed without proceeding to trial. Doing so would unburden both the parties and the courts from having to undergo the rigmarole of participating in a void proceeding. (Gomez v People, G.R. No. 216824, November 10, 2020, citing People v. Nitafan, G.R. Nos. 107964-66, February 1, 1999)


Grounds for the court to motu proprio quash the complaint or information:

1. Failure to charge an offense
2. Lack of jurisdiction over the offense charged
3. Extinction of the offense or penalty
4. Double jeopardy


What must the court do before dismissing the complaint or information?

The court must first conduct a preliminary hearing to verify the existence of facts supporting any of such grounds. Should the trial court find these facts to be adequately supported by evidence, the case shall be dismissed without proceeding to trial.