Text of the provision
Sec. 8. Provisional dismissal. — A case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offended party. 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. With respect to offenses punishable by imprisonment of more than six years, their provisional dismissal shall become permanent two years after issuance of the order without the case having been revived.
Revised Rules of Criminal Procedure (A.M. No. 00-5-03-SC), Rule 117, Section 8. Reproduced verbatim and verified word-for-word against two independent published renderings (ChanRobles and LawPhil).
About this section
This is Section 8 of Rule 117 (Motion To Quash) of the Revised Rules of Criminal Procedure, the rules promulgated by the Supreme Court in A.M. No. 00-5-03-SC and in force since December 1, 2000. The text above is reproduced verbatim from the current rules.
Related provisions
- Section 7 — Former conviction or acquittal; double jeopardy.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.