Quick answer

A motion to quash is a written motion filed with the trial court before the accused enters a plea, asking the judge to dismiss the Information because of a defect apparent on its face or in how the case was brought — such as lack of jurisdiction, facts that do not amount to a crime, or double jeopardy. It is governed by Rule 117 of the Rules of Court, must distinctly state its grounds, and is normally resolved before arraignment.

A motion to quash is one of the first defensive tools available to an accused in a Philippine criminal case. It does not argue that the accused is innocent. It argues that the case, as the prosecutor framed it in the Information, has a legal defect serious enough that the court should not proceed to trial at all — because the court has no jurisdiction, the acts described do not amount to a crime, the officer who filed the case had no authority to do so, or the accused has already been prosecuted for the same offense. Rule 117 of the Rules of Court governs when the motion may be filed, on what grounds, and what happens next.

What a Motion to Quash Challenges — and What It Does Not

A motion to quash attacks the Information or Complaint itself, or the authority and jurisdiction behind it. It is not an attack on the strength of the prosecution’s evidence, and it is easy to confuse it with a demurrer to evidence, which is a different remedy filed much later — after the prosecution has presented its witnesses at trial — arguing that the evidence presented is insufficient to convict. A motion to quash, by contrast, is normally resolved on the face of the Information and the record, without a trial on the merits.

Winning a motion to quash does not always mean the case disappears for good. Depending on the ground raised, the court may simply order the prosecution to amend the Information and refile a corrected version, or it may dismiss the case outright. Only a few grounds — chiefly double jeopardy and extinction of criminal liability — result in a dismissal that bars the State from refiling the same charge.

When to File: The Before-Plea Rule

Section 1 of Rule 117 states the timing rule plainly: the accused may move to quash the complaint or information at any time before entering a plea. In practice this means the motion is filed after the Information reaches the trial court and the case is calendared for arraignment, but before the accused says “guilty” or “not guilty” in open court.

This is not a mere technicality. Section 9 of the same Rule provides that failing to raise a ground before entering a plea is deemed a waiver of that ground — with a narrow set of exceptions discussed further below. Counsel who wait until after arraignment to spot a defect in the Information will, for most grounds, have lost the chance to raise a motion to quash on that basis.

The Nine Grounds Under Section 3, Rule 117

The accused may move to quash the complaint or information on any of the following grounds:

These grounds are exclusive. The court is directed to consider no ground other than those the motion itself distinctly states — the one exception being lack of jurisdiction over the offense charged, which a court may notice on its own even without a motion, because subject-matter jurisdiction can never be waived by silence.

Step by Step: Preparing and Filing the Motion

1. Identify the exact defect and match it to a ground

Start by reading the Information line by line against the elements of the offense charged and against the facts of how the case reached court. Common triggers include: the acts described, even assumed true, do not add up to a crime; the offense allegedly happened outside the court’s territorial or subject-matter jurisdiction; the case was filed by a prosecutor without authority over that venue; the Information lumps together offenses that should have been charged separately; or the accused was already convicted, acquitted, or saw a prior case dismissed without consent over the same act.

2. Put it in writing, signed, with distinctly stated grounds

The motion must be in writing and signed by the accused or counsel, and it must distinctly specify its factual and legal grounds. A motion that simply says the Information is “defective” without identifying which of the nine grounds applies, and why, invites summary denial.

3. File before arraignment and serve the prosecution

File the motion with the trial court where the Information is pending, and furnish a copy to the public prosecutor. Because the before-plea deadline is strict for most grounds, this step should not be left until the eve of arraignment — if the court proceeds to arraign the accused before the motion is resolved, several grounds become unavailable going forward.

4. Set the motion for hearing

A motion to quash is normally set for hearing so the prosecution can be heard in opposition. Expect the court to require both sides to submit supporting documents where the ground depends on facts outside the Information itself — for instance, a certified copy of a prior judgment or dismissal order to support a double jeopardy claim.

5. Attend the hearing and await the resolution

The court resolves the motion by written order, either granting it, denying it, or — where the defect is curable, such as a technical flaw in form or a failure to state an element that better drafting could fix — ordering the prosecution to amend the Information within a given period.

What Happens After You File

Section 4 of Rule 117 directs the court, if it finds the defect in the Information can be cured by amendment, to order the amendment rather than quash the case outright. This most often comes up where the ground is that the facts charged do not constitute an offense: prosecutors are typically given the chance to correct the Information before the court dismisses the case. If the prosecution fails to make the necessary amendment within the time the court allows, or if the amended Information still suffers from the same defect, the court then grants the motion and quashes the Information.

For grounds that cannot be cured by amendment — lack of jurisdiction over the offense, double jeopardy, extinction of criminal liability — granting the motion ends the matter, and depending on the ground, may or may not permit the State to refile.

Grounds You Can Still Raise Even After Arraignment

Section 9 carves out an important exception to the before-plea waiver rule. Failure to move to quash before pleading does not waive objections based on:

These four grounds go to the very power of the court to hear the case, or to whether a crime or a live case exists at all — matters considered too fundamental to be lost by an accused’s silence or oversight. Every other ground under Section 3, if not raised before plea, is generally deemed waived.

Costs and Timeline

A motion to quash is an incidental motion filed within a criminal case that is already pending — it is not a new case, so it does not carry a separate docket or filing fee the way an original civil complaint would. What costs money in practice is legal representation, and occasionally certified copies of court records needed to support the motion, such as a certified copy of a prior judgment or dismissal order to establish double jeopardy. Because the motion is normally resolved on the pleadings after a hearing rather than a full trial, resolution is typically faster than waiting out an entire trial, though the exact timeline depends heavily on the particular court’s calendar and how contested the motion is.

Common Mistakes That Sink a Motion to Quash

Frequently Asked Questions

Can I still file a motion to quash after I have already entered a plea? For most grounds, no — entering a plea generally waives objections that were not raised beforehand. The exceptions are that the facts do not constitute an offense, the court lacks jurisdiction over the offense, the criminal action or liability has been extinguished, or double jeopardy, which may still be raised later.

Does filing a motion to quash stop the arraignment? Yes, in practice courts typically hold the arraignment in abeyance while a timely motion to quash is pending, since arraigning the accused before resolving the motion could moot several of the available grounds.

If my motion to quash is granted, can the prosecution refile the case? It depends on the ground. For most defects — such as a technical flaw in form or an incomplete statement of facts — the prosecution can correct the Information and refile. For double jeopardy or an extinguished criminal action, refiling is generally barred.

What is the difference between a motion to quash and a motion for reconsideration? A motion to quash challenges the validity of the Information or the court's authority to proceed at all, filed before plea. A motion for reconsideration asks a court to revisit a ruling or order it has already issued, and can come up at many different stages of a case.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

Because the before-plea deadline forecloses most grounds permanently, the earliest possible review of the Information — ideally right after arraignment is set — gives counsel the best chance to catch a defect while it is still curable through a motion.