Sec. 8. Provisional dismissal. – A case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offended party.
The provisional dismissal of offenses punishable imprisonment not exceeding six (6) years or a fine of any amount, or both, shall become permanent one (1) year after issuance of the order without the case having been revived. With respect to offenses punishable by imprisonment of more than six (6) years, their provisional dismissal shall become permanent two (2) years after issuance of the order without the case having been revived.
WHAT IS THE TIME-BAR RULE? WHEN DOES A PROVISIONAL DISMISSAL BECOME FINAL?
> The provisional dismissal of offenses punishable by imprisonment exceeding 6 years or a fine of any amount shall become permanent after one year without the case having been revived
> For offenses punishable by imprisonment of more than 6 years, the provisional dismissal shall become permanent after 2 years without the case having been revived.
> After the provisional dismissal becomes final, the accused cannot be prosecuted anymore
WHEN CAN A CASE BE PROVISIONALLY DISMISSED?
> A case can only be dismissed provisionally if the accused expressly consents, such consent given in writing or viva voce.
> It must be positive, direct, unequivocal consent requiring no inference or implication to supply its meaning
> The mere inaction or silence of the accused to a provisional dismissal of the case or his failure to object to a provisional dismissal doesn’t amount to express consent.
WHAT ARE THE CONDITIONS FOR SECTION 8 OF THE RULES OF COURT TO APPLY?
WHAT ARE THE REQUISITES LAID DOWN BY PEOPLE V. LACSON?
1. The prosecution, with the express conformity of the accused or the latter’s counsel moves for a provisional dismissal of the case; or both the prosecution or accused move for a provisional dismissal of the case
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
4. The public prosecutor is served with a copy of the order of provisional dismissal of the case
WHAT DOES IT MEAN WHEN THE TIME BAR RULE WILL NOT APPLY?
> Provisional dismissal will not become permanent, even after one year or two years depending on the offense’s nature
HOW CAN A CASE BE REVIVED?
1. Re-filing the information or filing of a new information for the same offense necessarily included therein without need of a new preliminary investigation unless the original witnesses of the
prosecution or some of them may have recanted their testimonies or may no longer be available and new witnesses for the State have emerged
2. A new preliminary investigation is also required if aside from the original accused, other persons are charged under a new criminal complaint for the same offense or necessarily included therein
3. Under a new criminal complaint, the criminal liability of the accused is upgraded from that of an accessory to that of a principal
4. Under a new criminal complaint, the charge has been upgraded