Motion to Quash Rule 117 When filed Grounds At any time before accused enters plea a) That the

facts charged do not constitute an offense; (b) That the court trying the case has no jurisdiction over the offense charged; (c) That the court trying the case has no jurisdiction over the person of the accused; (d) That the officer who filed the information had no authority to do so; (e) That it does not conform substantially to the prescribed form; (f) That more than one offense is charged except when a single punishment for various offenses is prescribed by law; (g) That the criminal action or liability has been extinguished; (h) That it contains averments which, if true, would constitute a legal excuse or justification; and (i) That the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent (Sec. 3). Effect if granted

Demurer to Evidence Section 23, Rule 119 After the prosecution rests its case (1) Insufficiency of evidence

If the motion to quash is sustained, the court may order that another complaint or If leave of court is granted, the accused shall information be filed except as provided in section 6 of this rule. If the order is file the demurrer to evidence within a non-

made, the accused, if in custody, shall not be discharged unless admitted to bail. If extendible period of ten (10) days from no order is made or if having been made, no new information is filed within the time specified in the order or within such further time as the court may allow for good cause, the accused, if in custody, shall be discharged unless he is also in custody of another charge (Sec. 5). The remedy of prosecution is to amend the information to correct the defects thereof, except on the grounds of (g) and (j); of the prosecution may appeal the quashal of information or complaint The usual course to take is for the accused to proceed with trial, and in case of conviction, to appeal therefrom and assign as error the denial of the motion to quash (Lalican vs. Vergara, 276 SCRA 518). notice. The prosecution may oppose the demurrer to evidence within 10 days from receipt of the motion.

Effect if denied

Remedies if denied The order denying the motion to quash is interlocutory and therefore not appealable, nor can it be the subject of a petition for certiorari.

An accused who files a demurrer to evidence with leave of court does not lose the right to present evidence in the event his motion is denied. On the other hand, if he files the demurrer without leave of court and the same is denied, he loses the right to present evidence, in which event the case will be deemed submitted for decision (De Carlos vs. CA, 312 SCRA 397). The order denying the motion for leave of court to file demurrer to evidence or to demur itself shall not be reviewable by appeal or certiorari before judgment.