First slide

Section 2. Form and contents.

The motion to quash shall be in writing, signed by the

accused or his counsel and shall distinctly specify its
factual and legal grounds. The court shall consider no
ground other than those stated in the motion, except
lack of jurisdiction over the offense charged.

Second slide

WHAT IS THE FORM REQUIRED FOR A MOTION TO

QUASH?

1. It must be in writing.

No oral motion for the quashal of the complaint or

information is allowed.

2. It must be signed by the accused or his counsel.

An infirmity in the information such as the lack of

authority of the officer signing it cannot be cured by
silence, acquiescence, express consent, or even
amendment. It is an invalid information and cannot be
the basis of criminal proceedings.

3. It must specify its factual and legal grounds.

When a demurrer is made to a complaint, it should set
out distinctly the grounds upon wich the objection is
based. It is not fair to the plaintiff to interpose to a
complaint the simplified objection.

Third slide

A demurrer was not invented to make useless work for a

court, or to deceive or delude a plaintiff.

1. its purpose was to clarify all ambiguities;

2. to make certain all indefinite assertions;

3. to bring the plaintiff to a clear and clean expression of

the precise grievance which he has against the
defendant;

4. to aid in arriving at a real issue between the parties;

5. to promote understanding and prevent surprise.

A demurrer should specify, for the benefit of the

plaintiff and the court as well, the very weakness which
the demurrant believes he sees in the complaint. It
should be so presented whether the plaintiff has, at
bottom, a legal claim against the defendant.
Fourth slide

A demurrer should be clear, specific, definite and

certain as to the precise weakness of the complaint.
Being an instrument to cure imperfections, it should
not itself be imperfect.

"...where the language used by the parties is plain,

then construction and interpretation are unnecessary
and, if used, result in making a contract for the
parties."

"...The majority of the law need no interpretation or

construction. They require only application, and if
there were more application and less construction,
there would be more stability in the law, and more
people would know what the law is."

(Lizarraga Hermanos vs. Yap Tico, 24 Phil. Rep.,

504.)

Fifth slide

Court to consider only that ground set out in the

motion.

CAN THE COURT DISMISS THE CASE BASED ON

GROUNDS THAT ARE NOT ALLEGED IN THE MOTION
TO QUASH?

> The general rule is no, the court cannot consider any
ground other than those stated in the motion to quash.

> The exception is the lack of jurisdiction over the

offense charged. If this is the ground for dismissing
the case, it need not be alleged in the motion to quash
since it goes into the very competence of the court to
pass upon the case.

Sixth slide

X FILED A MOTION TO QUASH AN INFORMATION

ON THE GROUND THAT HE WAS IN THE US
WHEN THE CRIME CHARGED WAS COMMITTED.
SHOULD THE MOTION BE GRANTED?

> The motion should be denied.

> The accused is already making a defense.

> Matters of defense are generally not a ground

for a motion to quash they should be presented at the
trial.