Practice question
What does Rule 117, Section 8 expressly require for provisional dismissal?
- Only the prosecutor's signature
- Express consent of the accused and notice to the offended party
- Only the absence of a witness
- A final judgment of conviction
- Only a private settlement
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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