Motion to quash an information - the mode by which an accused assails the validity of a

criminal complaint or Information filed against him for insufficiency on its face in point of law,
or for defects which are apparent in the face of the Information. People v. Odtuhan, G.R. No.
191566, [July 17, 2013], 714 PHIL 349-360 citing Antone v. Beronilla, G.R. No. 183824,
[December 8, 2010], 652 PHIL 151-171

Basis

Rule 113, Sec. 3(a)

Section 3. Grounds. — The accused may move to quash the complaint or information on any of
the following grounds:
(a) That the facts charged do not constitute an offense;
(b) That the court trying the case has no jurisdiction over the offense charged;
(c) That the court trying the case has no jurisdiction over the person of the accused;
(d) That the officer who filed the information had no authority to do so;
(e) That it does not conform substantially to the prescribed form;
(f) That more than one offense is charged except when a single punishment for various offenses
is prescribed by law;
(g) That the criminal action or liability has been extinguished;
(h) That it contains averments which, if true, would constitute a legal excuse or justification;
and
(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. (3a)

Section 8, Rule 110 of the Revised Rules of Court

SEC. 8. Designation of the offense. — The complaint or information shall state the designation
of the offense given by the statute, aver the acts or omissions constituting the offense, and
specify its qualifying and aggravating circumstances. If there is no designation of the offense,
reference shall be made to the section or subsection of the statute punishing it.

Section 6 of Rule 110 of the Rules of Court:

SEC. 6. Sufficiency of complaint or information. — A complaint or information is sufficient if it

states the name of the accused, the designation of the offense by the statute, the acts or
omissions complained of as constituting the offense; the name of the offended party; the
approximate time of the commission of the offense, and the place wherein the offense was
committed.

When an offense is committed by more than one person, all of them shall be included in the
complaint or information.
Sufficiency of Information

The acts or omissions complained of must be alleged in such form as is sufficient to enable a
person of common understanding to know what offense is intended to be charged and enable
the court to know the proper judgment. The Information must allege clearly and accurately the
elements of the crime charged. What facts and circumstances are necessary to be included
therein must be determined by reference to the definition and elements of the specific crimes.
Lazarte, Jr. v. Sandiganbayan, G.R. No. 180122, [March 13, 2009], 600 PHIL 475-498

Contract of Lease

In a contract of lease, one of the parties binds himself to give to another the enjoyment or use
of a thing for a price certain, and for a period which may be definite or indefinite. Being a
consensual contract, a lease is perfected at the moment there is a meeting of the minds upon
the thing and the cause or consideration which are to constitute the contract. The area of
agreement must extend to all points that the parties deem material. Bugatti v. Court of
Appeals, G.R. No. 138113, [October 17, 2000], 397 PHIL 376-400

Art. 1678. If the lessee makes, in good faith, useful improvements which are suitable to the use
for which the lease is intended, without altering the form or substance of the property leased,
the lessor upon the termination of the lease shall pay the lessee one-half of the value of the
improvements at the time. Should the lessor refuse to reimburse said amount, the lessee may
remove the improvements, even though the principal thing may suffer damage thereby. He
shall not, however, cause any more impairment upon the property leased than is necessary.

With regard to ornamental expenses, the lessee shall not be entitled to any reimbursement,
but he may remove the ornamental objects, provided no damage is caused to the principal
thing, and the lessor does not choose. to retain them by paying their value at the time the lease
is extinguished.