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Showing 1–14 of 14 articles for “motion to quash”

Motion to Quash in Estafa Cases: Grounds, Waiver, and Double Jeopardy Explained

Learn the procedural rules on motion to quash in estafa cases, including waiver of grounds and double jeopardy, from a recent Supreme Court ruling.

Libel Venue Rules: When Public Officers Can Sue and Why Denial of Motion to Quash Is Not Appealable

Supreme Court clarifies libel venue rules for public officers and why denial of a motion to quash is an interlocutory order, not subject to certiorari.

Libel in Media: When News Reporting Crosses Legal Boundaries

The Supreme Court clarifies when news reports become libelous and why denying a motion to quash is not appealable via certiorari.

Quashing Motions: The Remedy Lies in Trial and Appeal, Not Certiorari

When a motion to quash is denied, the accused must proceed to trial and appeal later—certiorari is not the remedy.

Motion to Quash Denial: Interlocutory Orders and Grave Abuse of Discretion

Learn when a denied motion to quash can be challenged via certiorari, and why interlocutory orders generally require waiting for trial.

Quashal vs Provisional Dismissal: Understanding the Nuances of Criminal Procedure in the Philippines

The Supreme Court clarifies the key differences between a motion to quash and provisional dismissal under Rule 117, and why the time-bar rule does not apply to quashal orders.

Jurisdiction vs Forum Shopping: RTC Power Over NLRC Execution

Supreme Court rules RTCs lack jurisdiction over NLRC execution incidents; filing both a motion to quash and an RTC complaint constitutes forum shopping.

Criminal VS Civil When A Civil Court Ruling Doesnt Stop A Criminal Trial

A civil court ruling that seems to favor the accused does not automatically stop a criminal prosecution. Learn the rules on prejudicial questions, res judicata, and motion to quash.

Interlocutory Orders Understanding Appealability IN Philippine Criminal Procedure

Learn when an order denying a motion to quash is interlocutory and not appealable, based on Basa v. People (G.R. No. 152444).

When Can You Appeal a Denied Motion to Quash? The Basa Case Explained

Learn from Basa v. People when a denied motion to quash is appealable, and why interlocutory orders cannot be appealed prematurely.

Resolving Search Warrant Disputes: Which Court Has Jurisdiction to Quash

Learn which court resolves a motion to quash a search warrant when the issuing court differs from the court trying the criminal case.

When Can a Trial Court Resolve a Motion to Quash a Search Warrant Issued by Another Court?

Philippine Supreme Court clarifies which court resolves a motion to quash a search warrant when the criminal case is pending in a different court.

Prescription and Quashal in Anti-Graft Cases: Domingo v. Sandiganbayan

The Supreme Court clarifies prescription periods, motion to quash standards, and speedy trial rights in Anti-Graft cases under RA 3019.

Motion to Quash Denied: Navigating Criminal Procedure and Your Rights in the Philippines

Learn when a motion to quash can be denied, the limits of certiorari, and your rights in Philippine criminal procedure.