This case has been cited 3 times or more.
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2014-10-22 |
BERSAMIN, J. |
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| According to Section 6,[21] Rule 110 of the Rules of Court, the complaint or information is sufficient if it states the names of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense was committed. The fundamental test in determining the sufficiency of the averments in a complaint or information is, therefore, whether the facts alleged therein, if hypothetically admitted, constitute the elements of the offense.[22] | |||||
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2013-09-11 |
BERSAMIN, J. |
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| It is axiomatic that a complaint or information must state every single fact necessary to constitute the offense charged; otherwise, a motion to dismiss or to quash on the ground that the complaint or information charges no offense may be properly sustained. The fundamental test in determining whether a motion to quash may be sustained based on this ground is whether the facts alleged, if hypothetically admitted, will establish the essential elements of the offense as defined in the law.[37] Extrinsic matters or evidence aliunde are not considered.[38] The test does not require absolute certainty as to the presence of the elements of the offense; otherwise, there would no longer be any need for the Prosecution to proceed to trial. | |||||
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2013-07-17 |
PERALTA, J. |
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| As defined in Antone, "a motion to quash information is the mode by which an accused assails the validity of a criminal complaint or information filed against him for insufficiency on its face in point of law, or for defects which are apparent in the face of the information." It is a hypothetical admission of the facts alleged in the information. The fundamental test in determining the sufficiency of the material averments in an Information is whether or not the facts alleged therein, which are hypothetically admitted, would establish the essential elements of the crime defined by law. Evidence aliunde or matters extrinsic of the information are not to be considered.[27] To be sure, a motion to quash should be based on a defect in the information which is evident on its fact.[28] Thus, if the defect can be cured by amendment or if it is based on the ground that the facts charged do not constitute an offense, the prosecution is given by the court the opportunity to correct the defect by amendment.[29] If the motion to quash is sustained, the court may order that another complaint or information be filed[30] except when the information is quashed on the ground of extinction of criminal liability or double jeopardy.[31] | |||||