Text of the provision
Sec. 4. Amendment of complaint or information. — If the motion to quash is based on an alleged defect of the complaint or information which can be cured by amendment, the court shall order that an amendment be made. If it is based on the ground that the facts charged do not constitute an offense, the prosecution shall be given by the court an opportunity to correct the defect by amendment. The motion shall be granted if the prosecution fails to make the amendment, or the complaint or information still suffers from the same defect despite the amendment.
Revised Rules of Criminal Procedure (A.M. No. 00-5-03-SC), Rule 117, Section 4. Reproduced verbatim and verified word-for-word against two independent published renderings (ChanRobles and LawPhil).
About this section
This is Section 4 of Rule 117 (Motion To Quash) of the Revised Rules of Criminal Procedure, the rules promulgated by the Supreme Court in A.M. No. 00-5-03-SC and in force since December 1, 2000. The text above is reproduced verbatim from the current rules.
Related provisions
- Section 3 — Grounds.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.