The revised guidelines for continuous trial of criminal cases including those

governed by special cases and rules in the first and second level courts the
sandiganbayan and the court of tax appeals as the affectivity date.it shall also apply
to pending criminal cases with respect to the remainder of the proceeding. Unles
otherwise specifically provided, the revised rules for continuous trial shall not apply
to criminal cases filed under rules on summary procedure.

WHAT IS THE FORM REQUIRED FOR A MOTION TO QUASH?

1. It must be in writing
2. It must be signed by the accused or his counsel
3. It must specify its factual and legal grounds
117. Sec. 3. Grounds. – The accused may move to quash the complaint or
information on any of the following 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 it 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.

Sec 14 rule 126 of the ROC provides that a motion to quash a search warrant and or
to suppress evidence obtained thereby be filed in and acted upon only by the court
where the action has been instituted, the motion may be filed and resolved by the
court that issued the search warrant. However, if such court failed to resolve the
motion and a criminal case is subsequently filed in another court, the motion shall
be resolved by the latter court.

"Section 5. Who must prosecute criminal action. - All criminal actions either
commenced by complaint or by information shall be prosecuted under the direction
and control of a public prosecutor. In case of heavy work schedule of the public
prosecutor or in the event of lack of public prosecutors, the private prosecutor may
be authorized in writing by the Chief of the Prosecution Office or the Regional State
Prosecutor to prosecute the case subject to the approval of the court. Once so
authorized to prosecute the criminal action, the private prosecutor shall continue to
prosecute the case up to end of the trial even in the absence of a public prosecutor,
unless the authority is revoked or otherwise withdrawn.

The Revised rules on continuous trial of criminal cases provides that hearing on
motions, arraignment and pretrial and promulgation of decisions shall be held in
the morning of Fridays, pursuant to Sec 7 rules 15 of the ROC.
Once the court has acquired jurisdiction over the person of the accused, the
arraignment of the accused and the pretrial shall be written 10 calendar days from
the date of the court’s receipt of the case for a detained accused and within 30
calendar days from the date the court acquied jurisdiction. Over a non-detained
accused, unless a shorter period is provided by the special law or the supreme court
circular.

Sec 6 ofrule 117 of the ROC provides that an order sustaining the motion to quash is
not a bar to another prosecution for the same offense unless the motion was based
on the grounds of extinguishment of criminal action and liablity and double
jeopardy.
A motion to quash is a remedy of the accued when there is a defect in the
complaint or information. These defects may be cured in another prosecution. The
defects howver must be limited only to the grounds provided by the rules of court.

It is provided in the RG for CT of CC that if despite the denial of the motion for
leave, the accused insists on filing the demurrer to evidence, the previously
scheduled dates for the accused to prevent evidence shall be cancelled.

The action of the judge is not proper. The Rules of court provides in Sec 7 rule 116
that the court, considering the gravity of the offense and the difficulty of the
questions that may arise shall appoint as counsel de officio such members of the
bar in good standing who, by reason of their experience and ability, can
competently defend the accused. In the case at bar, the court appointed a new
member of the bar as counsel de officio who has no experience to competently
defend the accused and safeguard his constitutional rights. The action therefore of
the Judge is untenable.

Sec 6 Rule 110 of the ROC provides that a complaint or information is sufficient if it
staes the name of the accused, the designation of the offense given by the state,
the acts or omissions.