Philippine Bar review · Question

Practice question: Grounds

Multiple Choice Hard

Practice question

A motion argues that the charged facts do not constitute an offense. The prosecution asks for the opportunity to correct a curable omission. Counsel insists the court must instantly grant quashal and never consider amendment. What does section 4 require?
  1. Immediate acquittal in every case.
  2. An opportunity for the prosecution to correct the defect; quashal follows if amendment is not made or the same defect persists.
  3. Automatic acceptance of every amended allegation as true at trial.
  4. A guilty plea from the accused before amendment.
  5. Private rewriting of the information by the complainant without court process.

Legal references

  • https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 117 sections 1–6: timing, written grounds, enumerated grounds, amendment and reprosecution.

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