● [The] absence of a preliminary investigation is not a ground to quash a Complaint or Information under Sec. 3, Rule 117 of the Rules of Court. A prelimi…
Read more
Showing posts with the label Motion to QuashShow all
The absence of probable cause for the issuance of a warrant of arrest is not a ground for the quashal of the Information but is a ground for the dismissal…
Read moreGonzales v. Salvador
Motion to Quash
0
Comments
Gonzales v. Salvador, G.R. NO. 168340, December 5, 2006 Facts: The private respondent was charged with libel before the RTC of Makati City. After he plead…
Read morePeople v. Andrade
Motion to Quash
0
Comments
People v. Andrade, G.R. No. 187000 November 24, 2014 Facts: Pursuant to the instructions of the Director of the Bureau of Corrections, a random drug test …
Read moreSection 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 …
Read moreWhat is the remedy for a denial of a motion to quash? ● The remedy for a denial of a motion to quash is for the accused to proceed to trial and, if convic…
Read moreSection 9. Failure to move to quash or to allege any ground therefor. — The failure of the accused to assert any ground of a motion to quash before he ple…
Read moreA dismissal based on a motion to quash and a provisional dismissal are far different from one another as concepts, in their features, and legal consequ…
Read moreA complaint or information is sufficient if it states the approximate time of the commission of the offense. A defect in the averment as to the time…
Read moreThe absence of a preliminary investigation does not impair the validity of an information or render it defective. Neither does it affect the jurisdict…
Read more