This case has been cited 1 times or more.
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2015-09-09 |
JARDELEZA, J. |
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| When a motion to quash is filed challenging the validity and sufficiency of an Information, and the defect may be cured by amendment, courts must deny the motion to quash and order the prosecution to file an amended Information.[31] Generally, a defect pertaining to the failure of an Information to charge facts constituting an offense is one that may be corrected by an amendment.[32] In such instances, courts are mandated not to automatically quash the Information; rather, it should grant the prosecution the opportunity to cure the defect through an amendment.[33] This rule allows a case to proceed without undue delay. By allowing the defect to be cured by simple amendment, unnecessary appeals based on technical grounds, which only result to prolonging the proceedings, are avoided. | |||||