This case has been cited 2 times or more.
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2010-12-08 |
PEREZ, J. |
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| Neither do we find a justifiable reason for sustaining the motion to quash even after taking into consideration the established exceptions to the rule earlier recognized by this Court, among others: (1) when the new allegations are admitted by the prosecution;[61] (2) when the Rules so permit, such as upon the grounds of extinction of criminal liability and double jeopardy;[62] and (3) when facts have been established by evidence presented by both parties which destroyed the prima facie truth of the allegations in the information during the hearing on a motion to quash based on the ground that the facts charged do not constitute an offense, and "it would be pure technicality for the court to close its eyes to said facts and still give due course to the prosecution of the case already shown to be weak even to support possible conviction xxx."[63] | |||||
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2004-06-29 |
YNARES-SANTIAGO, J. |
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| The fundamental test in reflecting on the viability of a motion to quash under this particular ground is whether or not the facts asseverated, if hypothetically admitted, would establish the essential elements of the crime defined in the law. In this examination, matters aliunde are not considered.[25] However, inquiry into facts outside the information may be allowed where the prosecution does not object to the presentation thereof.[26] In the early case of People v. Navarro,[27] we held:Prima facie, the facts charged are those described in the complaint, but they may be amplified or qualified by others appearing to be additional circumstances, upon admissions made by the people's representative, which admissions could anyway be submitted by him as amendments to the same information. It would seem to be pure technicality to hold that in the consideration of the motion the parties and the judge were precluded from considering facts which the fiscal admitted to be true, simply because they were not described in the complaint. Of course, it may be added that upon similar motions the court and the fiscal are not required to go beyond the averments of the information, nor is the latter to be inveigled into a premature and risky revelation of his evidence. But we see no reason to prohibit the fiscal from making, in all candor, admissions of undeniable facts, because the principle can never be sufficiently reiterated that such official's role is to see that justice is done: not that all accused are convicted, but that the guilty are justly punished. Less reason can there be to prohibit the court from considering those admissions, and deciding accordingly, in the interest of a speedy administration of justice. It should be stressed, however, that for a case to fall under the exception, it is essential that there be no objection from the prosecution. Thus, the above rule does not apply where the prosecution objected to the presentation of extraneous facts and even opposed the motion to quash.[28] | |||||