Philippine Bar review · Topic

Provisional Dismissal

Explore Provisional Dismissal in Motion to Quash (Rule 117) for the Philippine Bar. Browse subtopics and published practice questions, then take a quiz or…

Explore the syllabus

Direct subtopics

This topic has no further subtopics. Explore its practice questions below.

Put it into practice

Practice questions

  1. What does Rule 117, Section 8 expressly require for provisional dismissal?
  2. For a qualifying provisional dismissal of an offense punishable by imprisonment not exceeding six years, or a fine of a…
  3. What time-bar period does Section 8 prescribe for a qualifying provisional dismissal of an offense punishable by impris…
  4. An accused invokes Section 8's time bar but admits the offended party received no notice of the motion for provisional …
  5. Does every order sustaining a motion to quash automatically count as provisional dismissal under Section 8?
  6. Assume all requirements of a qualifying provisional dismissal are established. A proper motion to revive is filed withi…
  7. A qualifying provisional dismissal order is dated earlier than the date the private offended party's counsel actually r…
  8. State the conditions that must be established before an accused invokes the provisional-dismissal time bar under Rule 1…
  9. Distinguish provisional dismissal under Section 8 from an order sustaining a motion to quash. Explain why the distincti…
  10. Explain the importance of service and timely filing of a motion to revive under Co v. New Prosperity Plastic Products. …
  11. Under Lacson, does mere silence on a motion for provisional dismissal equal express consent?
  12. May express consent to provisional dismissal be given orally rather than only in writing?