Philippine Bar review · Question

Practice question: Grounds

Multiple Choice Hard

Practice question

The court sustains quashal for a curable formal defect. The accused argues that every order granting any motion to quash permanently bars a new prosecution for the same offense. Is that accurate?
  1. Yes, every quashal is a final acquittal.
  2. Yes, the ground never matters.
  3. Yes, because no amendment can ever be allowed.
  4. No; section 6 generally permits reprosecution, except for the specified extinguishment and former-jeopardy grounds.
  5. No; reprosecution is always permitted even after a valid acquittal.

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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