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?
- Immediate acquittal in every case.
- An opportunity for the prosecution to correct the defect; quashal follows if amendment is not made or the same defect persists.
- Automatic acceptance of every amended allegation as true at trial.
- A guilty plea from the accused before amendment.
- 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.
Answer this question in flashcards to review your response and continue practicing.