Practice question
Does every order sustaining a motion to quash automatically count as provisional dismissal under Section 8?
- Yes, all Rule 117 dismissals have identical effects
- Yes, because all charges may always be refiled
- Yes, even a final acquittal is provisional
- Yes, regardless of the dismissal's basis
- No; Los Baños distinguishes quashal and provisional dismissal and their consequences
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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