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help me explain the whole motion to quash!!!!! please....
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TOPIC: help me explain the whole motion to quash!!!!! please....

help me explain the whole motion to quash!!!!! please.... 2 years, 3 months ago #6527

  • azil21
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please help me explain motion to quash and give me examples about the grounds in filing it.. cge na poh... please!!!! thank you!
Making no mistakes is what establishes the certainty of victory, for it means conquering an enemy that is already defeated.<br />- Sun Tzu

Re: help me explain the whole motion to quash!!!!! please.... 2 years, 2 months ago #6536

  • san_b
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Motion to quash is a move to set aside or annulment made by the accused of a criminal complaint charged against him, executed at any time before arraignment. At anytime before entering his plea, the accused may move to quash the complaint or information,..

Re: help me explain the whole motion to quash!!!!! please.... 2 years, 2 months ago #6564

  • ian
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mag take ka :)nang april exam???
jill

Re: help me explain the whole motion to quash!!!!! please.... 2 years, 2 months ago #6584

  • ian
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motion to quash it is the proper way of objecting the the complaint for sufficiency on its face in point of law or for defect which are apparent in the face of the information hehehe correct me f im wrong hehehe
jill

Re: help me explain the whole motion to quash!!!!! please.... 2 years, 2 months ago #6585

  • rockbals
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It is a motion in writing filed by the accused or thru his cousel to set aside the complaint or information. this must be done before the accused entered his plea...

On the following legal grounds,

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 is 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..


RC # 0004004.
Valencia City, Bukidnon..

Re: help me explain the whole motion to quash!!!!! please.... 2 years, 2 months ago #6613

  • azil21
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wahh.. thank you sa help.. Godbless!!!!!!!!!!!!!!!!!
Making no mistakes is what establishes the certainty of victory, for it means conquering an enemy that is already defeated.<br />- Sun Tzu

Re: help me explain the whole motion to quash!!!!! please.... 2 years, 1 month ago #6717

  • gweneth
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motion to quash is simple a motion to dismiss

Re: help me explain the whole motion to quash!!!!! please.... 2 years, 1 month ago #6718

  • gweneth
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sample ground in filling a motion to quash is when the charge is not the right or proper case to be charge like when you charge homicide instead of murder the charge maybe quash or dismiss

Re: help me explain the whole motion to quash!!!!! please.... 1 year, 11 months ago #6878

  • tubero
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but be careful kc it does not mean na once a motion to qUash is granted, the case is DEAD. take note, there are grounds that are without prejudice to its refiling..

Re: help me explain the whole motion to quash!!!!! please.... 1 year, 11 months ago #6884

motion to quash is an appeal of the accused to dismiss the case due to lack of evidence or substance and also lack of jurisdiction in the court side meaning ang process ng pag file ng case laban sa akosado ay may mali o kulang... pede mag motion to quash kahit na sa umpisa ng kaso
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