Philippine Bar review · Question

Practice question: Provisional Dismissal

Multiple Choice Medium

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?
  1. The accused's consent automatically cures the missing notice
  2. Every dismissal is permanent immediately
  3. The accused has not established a required condition for invoking this particular time bar
  4. Only the judge's belief matters
  5. 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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