POSSIBLE REMEDIES BEFORE ARRAIGNMENT

In general, these are the possible remedies before Arraignment:

1. Petition for review - filed with the Department of Justice, the Regional State
Prosecutor’s office, or the Office of the President, if the prosecutor has
committed manifest error or grave abuse of discretion during the preliminary
investigation. Period of suspension of arraignment must not exceed sixty days
from the filing of the petition for review.

2. Motion for reinvestigation- alleges defects or irregularities in the preliminary

investigation, requests that the findings be invalidated and that another
investigation be conducted to determine if there is probable cause.

Already a prohibited pleading if filed beyond the five (5)-day reglementary period
in inquest proceedings under Sec. 6, Rule 112, or when preliminary investigation is
required under Sec. 8, Rule 112, or allowed in inquest proceedings and the accused
failed to participate in the preliminary investigation despite due notice.

3. Motion for a bill of particulars (Rule 116, Section 10) - specifies alleged
defects of the complaint or information and requests details that will enable the
accused to plead properly to the charge against him and to adequately prepare
for trial.

Sec. 10. Production or inspection of material evidence in

possession of prosecution. – Upon motion of the accused showing
good cause and with notice to the parties, the court, in order to
prevent surprise, suppression, or alteration, may order the
prosecution to produce and permit the inspection and copying or
photographing of any written statement given by the complainant
and other witnesses in any investigation of the offense conducted
by the prosecution or other investigating officers, as well as any
designated documents, papers, books, accounts, letters,
photographs, object, or tangible things not otherwise privileged,
which constitute or contain evidence material to any matter involved
in the case and which are in the possession or under the control of
the prosecution, police, or other law investigating agencies.

4. Motion for suspension of arraignment - may be filed on the ground that the
accused appears to be suffering from an unsound mental condition that
effectively renders him unable to fully understand the charge against him and to
plead intelligently. In such a case, the court orders a mental examination of the
accused and if necessary, his confinement. Another ground is when the court
finds the existence of a valid prejudicial question (for example, a void first
marriage in bigamy cases). Section 11, Rule 116:
 Sec. 11. Suspension of arraignment. – Upon motion by the proper
party, the arraignment shall be suspended in the following cases:

(a) The accused appears to be suffering from an unsound mental

condition which effectively renders him unable to fully understand
the charge against him and to plead intelligently thereto. In such
case, the court shall order his mental examination and, if
necessary, his confinement for such purpose;

(b) There exists a prejudicial question; and

(c) A petition for review of the resolution of the prosecutor is

pending at either the Department of Justice, or the Office of the
President; provided, that the period of suspension shall not exceed
sixty (60) days counted from the filing of the petition with the
reviewing office.

Only arraignment is suspended, but no perpetual dismissal of the instant case.

5. Motion to quash the information –

a. The accused has been previously convicted or in jeopardy of being

convicted, or has been acquitted of the offense charged.
b. The criminal action or liability has already prescribed.
c. The facts charged do not constitute an offense.
d. The court trying the case has no jurisdiction over the case or over the
person of the accused.
e. The officer who filed the information had no authority to do so
f. The information contains statements which constitute a legal excuse or
justification
g. It does not conform substantially to the prescribed form.
h. More than one offense is charged (except in cases where the law
prescribes a single punishment for various offenses).

As defined in Antone, "a motion to quash information is the mode by which an

accused assails the validity of a criminal complaint or information filed against him for
insufficiency on its face in point of law, or for defects which are apparent in the face of
the information." It is a hypothetical admission of the facts alleged in the information.
The fundamental test in determining the sufficiency of the material averments in an
Information is whether or not the facts alleged therein, which are hypothetically
admitted, would establish the essential elements of the crime defined by law. Evidence
aliunde or matters extrinsic of the information are not to be considered. To be sure, a
motion to quash should be based on a defect in the information which is evident
on its fact. Thus, if the defect can be cured by amendment or if it is based on the
ground that the facts charged do not constitute an offense, the prosecution is
given by the court the opportunity to correct the defect by amendment. If the
motion to quash is sustained, the court may order that another complaint or
information be filed except when the information is quashed on the ground of
extinction of criminal liability or double jeopardy.

6. Production or inspection of material evidence in possession of

prosecution, police or other law investigating agencies in order to prevent
surprise, suppression, or alteration (Sec. 10, Rule 116).

Sec. 10. Production or inspection of material evidence in

possession of prosecution. – Upon motion of the accused showing
good cause and with notice to the parties, the court, in order to
prevent surprise, suppression, or alteration, may order the
prosecution to produce and permit the inspection and copying or
photographing of any written statement given by the complainant
and other witnesses in any investigation of the offense conducted
by the prosecution or other investigating officers, as well as any
designated documents, papers, books, accounts, letters,
photographs, object, or tangible things not otherwise privileged,
which constitute or contain evidence material to any matter involved
in the case and which are in the possession or under the control of
the prosecution, police, or other law investigating agencies.

Won’t make any substantial effect to the case filed against the accused unless
used in connection with Section 14, Rule 126.

7. Motion to quash a search warrant or to suppress evidence (Section 14 of

Rule 126)

Sec. 14. Motion to quash a search warrant or to suppress evidence;

where to file. – A motion to quash a search warrant and/or to
suppress evidence obtained thereby may be filed in and acted upon
only by the court where the action has been instituted. If no criminal
action has been instituted, the motion may be filed in and resolved
by the court that issued search warrant. However, if such court
failed to resolve the motion and a criminal case is subsequently
filed in another court, the motion shall be resolved by the latter
court.

If there is clear showing that there is no evidence or proof linking the commission
of the crime to the accused, the case may be dismissed without the need of a full-blown
trial.
 8. Motion for judicial determination of probable cause.

With respect to the instant case, said Motion is already declared a prohibited
motion pursuant to A.M. No.15-06-10-SC otherwise known as the Revised Guidelines
For Continuous Trial of Criminal Cases.

The Revised Guidelines for Continuous Trial of Criminal Cases (Revised

Guidelines) shall apply to all newly-filed criminal cases, including those governed by
Special Laws and Rules, in the First and Second Level Courts, the Sandiganbayan and
the Court of Tax Appeals as of effectivity date. The Revised Guidelines shall also apply
to pending criminal cases with respect to the remainder of the proceedings. Unless
otherwise specifically provided herein, the Revised Guidelines shall not apply to criminal
cases filed under the Rule on Summary Procedure.