LYCEUM OF THE PHILIPPINES
CAYANAN
Motion to
DISMISS
WHEN TO May be after plea but before judgment
FILE
 Facts charged do not constitute an offense
 Court has no jurisdiction over the offense
 Court has no jurisdiction over the person of
the accused
 Extinguishment of criminal action/liability
 Double jeopardy
 Violation of right to speedy trial
GROUNDS
Accused is discharged with prejudice to re-filing
of the same case once the order achieves
finality
 PROVISIONAL DISMISSAL
 Until it becomes permanent, it does not
place the accused in double jeopardy if
the case is revived unless provisional
EFFECT IF
dismissal was done without his consent
GRANTED
or despite his objection.
 When permanent?
 After 1 year – if punished by
imprisonment of 6 years max
 After 2 years - if punished by
imprisonment of more than 6 years
CRIMINAL PROCEDURE - A CINDY B.
Motion to
Motion to
WITHDRAW DEMURRER TO EVIDENCE
QUASH
INFORMATION
After arraignment but before plea After Information has After the prosecution rested its
been filed to Court case
 Facts charged do not constitute an  Lack of probable  Insufficiency of Evidence
offense cause
 Court has no jurisdiction over the
offense or the person of the accused
 Officer who filed information has no
authority
 Information does not conform
substantially to the prescribed form
 More than one offense is charged
(except for complex crimes)
 Extinguishment of criminal
action/liability
 Averments which if true constitute
legal excuse or justification
 Double jeopardy
The court may order that another As if respondent was If accused is acquitted the
complaint or information be filed never charge. accused has the right to
against the accused for the same adduce evidence on the civil
offense except if the ground for It is without prejudice aspect of the case unless the
sustaining the motion to quash is either to refilling information court declares that the act or
the extinguishment of the after reinvestigation omission from which the civil
criminal liability or double jeopardy. liability may arise did not exist
If no order is made, or if no new If the motion to dismiss on
information was filed within the time demurrer to evidence is
specified by the court, the accused, granted and the order of
shall be discharged dismissal is reversed on
appeal, the movant loses his
right to present evidence in his
behalf.
 LYCEUM OF THE PHILIPPINES CRIMINAL PROCEDURE - A CINDY B. CAYANAN

Can be appealed. Cannot be appealed. Arraignment Trial proceeds If with leave of court: Accused
proceeds. may still present evidence.
EFFECT IF
DENIED If without leave of court:
Accused may not present
evidence