Philippine Bar review · Question

Practice question: Provisional Dismissal

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Practice question

Distinguish provisional dismissal under Section 8 from an order sustaining a motion to quash. Explain why the distinction matters.

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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