Provisional Dismissal
Provisional Dismissal
2) the offended party is notified of the motion for a provisional dismissal of the
case;
3) the court issues an order granting the motion and dismissing the case
provisionally; and
4) the public prosecutor is served with a copy of the order of provisional dismissal
of the case. (People vs. Lacson, G.R. No. 149453, April 1, 2003)
Why is the consent of the accused required for the provisional dismissal of
his case?
The raison d etre for the requirement of the express consent of the accused to a
provisional dismissal of a criminal case is to bar him from subsequently asserting
that the revival of the criminal case will place him in double jeopardy for the same
offense or for an offense necessarily included therein. (People vs. Lacson)
with the timeline unless he is served with a copy of the order of dismissal. (People
vs. Lacson)
If a criminal case is provisionally dismissed with the express consent of the accused,
the case may be revived only within the periods provided in the new rule. On the
other hand, if a criminal case is provisionally dismissed without the express consent
of the accused or over his objection, the new rule would not apply. The case may be
revived or refiled even beyond the prescribed periods subject to the right of the
accused to oppose the same on the ground of double jeopardy or that such revival
or refiling is barred by the statute of limitations. (People vs. Lacson)
How may the State revive the case?
The State may revive the case within the time-bar either by the:
1. Refiling of the Information or by
2. Filing of a new Information for the same offense or an offense necessarily
included therein.