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. I have a degree in Criminology and Law.English is not my major. I'm a web developer by day and a blogger by night. I hope you learn something from my blog.
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