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?
- Yes, every quashal is a final acquittal.
- Yes, the ground never matters.
- Yes, because no amendment can ever be allowed.
- No; section 6 generally permits reprosecution, except for the specified extinguishment and former-jeopardy grounds.
- 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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