Short answer. It depends on the penalty. Under Rule 117, Section 8, the provisional dismissal of offenses punishable by imprisonment not exceeding six years, or a fine of any amount, becomes permanent one year after issuance of the order without the case having been revived; for offenses punishable by more than six years, the period is two years.
What the law says
The provisional dismissal of offenses punishable by imprisonment not exceeding six years or a fine of any amount, or both, shall become permanent one year after issuance of the order without the case having been revived.
Rule 117, Section 8 — Provisional dismissal. Read the full provision →
What a provisional dismissal is
A provisional dismissal ends a criminal case without closing it for good — the prosecution keeps a window within which the case may be revived. Because that half-open state affects the accused most, the rule guards how it happens: A case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offended party. Both conditions matter. The accused must expressly consent — silence or mere failure to object is not the same thing as express consent — and the offended party must be notified, so the private complainant is not blindsided by a dismissal arranged without them.
One year or two, depending on the penalty
The rule draws a single line at six years of imprisonment. For lighter offenses — punishable by imprisonment not exceeding six years or a fine of any amount, or both — the provisional dismissal shall become permanent one year after issuance of the order if the case has not been revived. For graver ones, punishable by imprisonment of more than six years, the dismissal shall become permanent two years after issuance of the order on the same condition. The penalty attached to the offense charged, not the penalty ultimately in prospect, is what places the case on one side of the line or the other.
The clock runs from the order, and revival stops it
Both periods are counted after issuance of the order of provisional dismissal, and each becomes permanent only without the case having been revived within the period. Two consequences follow. First, the date on the dismissal order is the date that matters, so secure a certified copy and compute from it. Second, permanence is not automatic upon dismissal — it ripens only when the full year or two passes with no revival. If the prosecution revives the case inside the window, the time bar never sets in and the prosecution proceeds; if the window closes first, the dismissal hardens into one the case cannot be revived from.
What to verify in your own case
Start with three documents: the information, to see the offense charged and its imposable penalty; the order of provisional dismissal, for its date and for the record of your express consent; and proof of notice to the offended party. Then track the calendar. An accused nearing the end of the one- or two-year period has a concrete interest in knowing whether anything on the record amounts to a revival, and a complainant who wants the case pursued must move within the same window. Either way, the file — not memory — settles the dates, so have counsel read the actual record before drawing conclusions.