Practice question
An accused invokes Section 8's time bar but admits the offended party received no notice of the motion for provisional dismissal. Which is correct?
- The accused's consent automatically cures the missing notice
- Every dismissal is permanent immediately
- The accused has not established a required condition for invoking this particular time bar
- Only the judge's belief matters
- The offended party never needs notice
Legal references
- Rule 117, Section 8; Co v. New Prosperity Plastic Products, G.R. No. 183994, June 30, 2014; Los Baños v. Pedro, G.R. No. 173588, April 22, 2009, main decisions.
- Reviewed primary authority, Rule 117, Section 8: https://lawphil.net/courts/rules/rc_110-127_crim.html
- Reviewed primary authority, Main decision, prerequisites, notice reckoning and timely revival motion: https://lawphil.net/judjuris/juri2014/jun2014/gr_183994_2014.html
- Reviewed primary authority, Main decision, distinction from quashal: https://lawphil.net/judjuris/juri2009/apr2009/gr_173588_2009.html
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