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Provisional Remedies


Section 8. Provisional dismissal

REQUISITES PROVISIONAL DISMISSAL:
1. consent of the prosecutor
2. consent of the accused
3. notice to the offended party

NOTE: If a case is provisionally dismissed, the failure to revive or
reinstate the case within the periods set by law will make the
dismissal permanent.

HOW TO REVIVE A CASE:
1. Refiling of the information
2. Filing a new information for the same offense or one necessarily
   included in the original offense charged.

PERIODS FOR REINSTATEMENT/REVIVAL:
1. 1 YEAR for offenses punishable by imprisonment not exceeding 6 years
2. 2 YEARS for offenses punishable by imprisonment exceeding 6 years

GENERAL RULE:
   - When a case is reinstated there is no need to conduct a new
     preliminary investigation.

     EXCEPTIONS:
     - Original witnesses or some of them recant their testimony, are
       no longer available (died) or when new witnesses have emerged
     - Other persons are charged under the new complaint
     - Original charge has been upgraded
     - Criminal liability of the accused has been upgraded
       (ex. accomplice --- principal)



Section 9. Failure to move to quash or to allege any ground therefor

ALL THE GROUNDS FOR A MTQ ARE DEEMED
WAIVED IF NOT SEASONABLY RAISED, EXCEPT:
1. Facts charged do not constitute an offense
2. Court trying the case has no jurisdiction over the offense charged
3. Criminal action or liability has been extinguished
4. Double jeopardy





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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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