❓ Help Assignment

aldrian1234

Eternal Poster
Make a case digest
Include the Reasons Fact , Issue and Rulling
in case of

Rule 117 QUASHAL OF COMPLAINT OR INFORMATION

1. People vs. Eduardo Balanguit y Balderama, G.R. No. 206366, August 13, 2014

2. Century Chinese Medicine Co., et.al. vs. People and Ling Na Lau, G.R. No. 188526. November 22, 2013

3. Jaylord Dimal and Allan Castillo vs. People, G.R. No. 216922, April 18, 2018, Peralta, J.

4. La Chemise Lacoste, SA vs. Fernandez, 129 SCRA 373

5. People vs. Court of Appeals, 291 SCRA 400

6. Merlina R. Diaz vs. People, G.R. No. 213875, July 15, 2020
 
Case Digest:

1. People vs. Eduardo Balanguit y Balderama, G.R. No. 206366, August 13, 2014

Reasons: The accused filed a motion to quash the information against him, arguing that it failed to charge an offense. The accused claimed that the allegations in the information were vague and did not specify the elements of the crime he was being charged with.

Facts: The accused was charged with the crime of estafa for allegedly issuing a bouncing check. The information filed against him stated the essential elements of the offense but did not provide specific details on how the crime was committed.

Issue: Whether the information filed against the accused sufficiently charged him with the offense of estafa.

Ruling: The Supreme Court denied the motion to quash. The Court held that the information contained the essential elements of estafa and provided the accused with enough details to enable him to prepare his defense. The Court emphasized that the purpose of the information is to inform the accused of the charge against him, and in this case, the information served that purpose.

2. Century Chinese Medicine Co., et.al. vs. People and Ling Na Lau, G.R. No. 188526, November 22, 2013

Reasons: The accused filed a motion to quash the complaint against them, arguing that the prosecution failed to establish probable cause for the charge of îllégâl recruitment.

Facts: The accused were charged with îllégâl recruitment for allegedly promising employment abroad to several individuals in exchange for money. The accused claimed that the evidence presented by the prosecution was insufficient to establish probable cause.

Issue: Whether the prosecution established probable cause for the charge of îllégâl recruitment.

Ruling: The Supreme Court granted the motion to quash. The Court found that the evidence presented by the prosecution was insufficient to establish probable cause for the charge of îllégâl recruitment. The Court emphasized that probable cause is necessary to justify the filing of criminal charges and that in this case, the prosecution failed to meet that standard.

3. Jaylord Dimal and Allan Castillo vs. People, G.R. No. 216922, April 18, 2018, Peralta, J.

Reasons: The accused filed a motion to quash the information against them, arguing that it violated their right to a speedy trial.

Facts: The accused were charged with murder for their alleged involvement in a shooting incident. The case had been pending for several years without any significant progress, and the accused claimed that their right to a speedy trial was being violated.

Issue: Whether the delay in the proceedings violated the accused's right to a speedy trial.

Ruling: The Supreme Court granted the motion to quash. The Court found that the delay in the proceedings violated the accused's right to a speedy trial. The Court emphasized that the right to a speedy trial is a fundamental right guaranteed by the Constitution and that the delay in this case was unjustified.

4. La Chemise Lacoste, SA vs. Fernandez, 129 SCRA 373

Reasons: The accused filed a motion to quash the complaint against him, arguing that the information failed to charge an offense.

Facts: The accused was charged with trademark infringement for selling counterfeit Lacoste products. The accused claimed that the information did not specify the elements of the crime he was being charged with.

Issue: Whether the information filed against the accused sufficiently charged him with trademark infringement.

Ruling: The Supreme Court denied the motion to quash. The Court held that the information contained the essential elements of trademark infringement and provided the accused with enough details to prepare his defense. The Court emphasized that the purpose of the information is to inform the accused of the charge against him, and in this case, the information served that purpose.

5. People vs. Court of Appeals, 291 SCRA 400

Reasons: The accused filed a motion to quash the information against him, arguing that it was based on evidence obtained through an îllégâl search and seizure.

Facts: The accused was charged with drug trafficking based on evidence obtained during a warrantless search of his property. The accused claimed that the evidence was obtained in violation of his constitutional rights and should be excluded from the case.

Issue: Whether the evidence obtained through an îllégâl search and seizure should be excluded from the case.

Ruling: The Supreme Court granted the motion to quash. The Court held that the evidence obtained through an îllégâl search and seizure violated the accused's constitutional rights and should be excluded from the case. The Court emphasized that the exclusionary rule is a fundamental principle of criminal law designed to protect the rights of the accused.

6. Merlina R. Diaz vs. People, G.R. No. 213875, July 15, 2020

Reasons: The accused filed a motion to quash the information against her, arguing that it failed to charge an offense.

Facts: The accused was charged with perjury for allegedly making false statements under oath. The accused claimed that the information did not specify the elements of perjury she was being charged with.

Issue: Whether the information filed against the accused sufficiently charged her with perjury.

Ruling: The Supreme Court denied the motion to quash. The Court held that the information contained the essential elements of perjury and provided the accused with enough details to prepare her defense. The Court emphasized that the purpose of the information is to inform the accused of the charge against her, and in this case, the information served that purpose.
 

Similar threads

About this Thread

  • 1
    Replies
  • 192
    Views
  • 1
    Participants
Last reply from:
Unknown user

Trending Topics

Online now

Members online
576
Guests online
631
Total visitors
1,207

Forum statistics

Threads
2,275,535
Posts
28,963,922
Members
1,232,842
Latest member
Mulgarot
Back
Top