Case No.

TITLE:

NATURE OF THE CASE:

FACTS OF THE CASE:

RULING OF THE RTC:

RULING OF THE COURT OF APPEALS:

ISSUE/S:

RULING OF THE SUPREME COURT:

DOCTRINE OF THE CASE:

o ot constitute a punishable offense, the court, instead of dismissing the case,

should allow the prosecution to amend the information.
o No first jeopardy if case is dismissed because information is defective or void or
does not charge a proper offense.

ELEMENTS OF JURISDICTION OVER SUBJECT MATTER:

o Nature of the offense and/or the penalty attached thereto;

o The fact that the offense has been committed within the territorial jurisdiction of
the court

NOTA BENE:

o If lack of jurisdiction is alleged and case is dismissed because of that, but it turns out that
the court has jurisdiction, the party who alleged lack of jurisdiction is estopped from assuming
the inconsistent position that court had jurisdiction.
o Jurisdiction over subject matter and territorial jurisdiction are conferred by law so
cannot be waived. However, jurisdiction over person of accused is generally waivable.
o The court’s jurisdiction is determined at the first instance from the facts alleged in the
information or complaint. So even if the complaint alleges an offense cognizable by the RTC but
after trial, the crime proven is really cognizable by a lower court, the RTC retains jurisdiction
for the purpose of imposing penalty.
o If lack of conformity to prescribed form, this can be cured by amendment.
o f multiplicity of offenses, EXCEPTIONS are (1) complex and compound crimes, and (2)
specific crime set forth in various counts.
 HOW CRIMINAL LIABILITY IS EXTINGUISHED:

1. Death of the convict for personal liabilities; for pecuniary liabilities, only when the
death of the offender happens before final conviction
2. Service of sentence
3. Amnesty
4. Absolute Pardon
5. Prescription of the crime
6. Prescription of the penalty
7. Marriage of the offended woman with the accused in case of rape

NOTA BENE: Absence of preliminary investigation is not a ground for motion to quash.

Sec. 4. Amendment of Complaint or Information

- if defective information, remedy is amendment (no jeopardy)

- motion to quash is granted, if prosecution fails to make amendment, or the complaint
or information still suffers the same defect despite amendment

Sec. 5. Effect of Sustaining the Motion to Quash

- if motion to quash is sustained, court may order another complaint or information to be

filed, EXCEPT:

1. If the criminal action or liability has already been extinguished

2. If the accused has already been convicted or acquitted for the offense charged,
or his case has been terminated without his express consent

- if order to file new information or complaint is made, the accused in custody shall not
be discharged, UNLESS admitted to bail

- if no order is made, or having been made, no amendment was made within specified
time, the accused in custody shall be set free, UNLESS if in custody for another crime