Under A.M. No.15-06-10-SC or the REVISED GUIDELINES FOR CONTINUOUS TRIAL OF CRIMINAL CASES, the following are prohibited motions:
III.2(b) Prohibited Motions.
- Prohibited motions shall be denied outright before the scheduled arraignment without need of comment and/ or opposition.
The following motions are prohibited:
i. Motion for judicial determination of probable cause.
ii. Motion for preliminary investigation filed beyond the five (5)-day reglementary period in inquest proceedings under Sec. 6, Rule 112, or when preliminary investigation is required under Sec. 8, Rule 112, or allowed in inquest proceedings and the accused failed to participate in the preliminary investigation despite due notice.
iii. Motion for reinvestigation of the prosecutor recommending the filing of information once the information has been filed before the court (1) if the motion is filed without prior leave of court; (2) when preliminary investigation is not required under Sec. 8, Rule 112; and (3) when the regular preliminary investigation is required and has been actually conducted, and the grounds relied upon in the motion are not meritorious, such as issues of credibility, admissibility of evidence, innocence of the accused, or . lack of due process when the accused was actually notified, among others.
iv. Motion to quash information when the ground is not one of those stated in Sec. 3, Rule 117.
v. Motion for bill of particulars that does not conform to Sec. 9, Rule 116. vi. Motion to suspend the arraignment based on grounds not stated under Sec. 11, Rule 116.
vii. Petition to suspend the criminal action on the ground of prejudicial question, when no civil case has been filed, pursuant to Sec. 7, Rule 111.
