Question:
When cannot the court order another complaint or information be filed after sustaining a motion to quash? (Sec. 6)
Author: Ben BenitezAnswer:
GR: An order sustaining the motion to quash is not a bar to another prosecution for the same offense. EXC: If the motion is based on the grounds specified in Sec. 3(g) and (i) of this Rule: 3(g) - That the criminal action or liability has been extinguished. 3(i) - That the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent.
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