People v.

Lacson
G.R. No. 149453. April 1, 2003

Supreme Court: No. Notice to the offended party will not suffice, because it is not the
offended party who will revive the case but the public prosecutor. Therefore, Notice of
Dismissal should be given to the public prosecutor and the period will only commence to run
once the public prosecutor revives the case. 



First notable feature of Section 8, Rule 117 is that it does not exactly state what a provisional
dismissal is. The modifier provisional suggests that the dismissal with Section 8 essentially
refers to those dismissals which are temporary in character and not dismissals that are
permanent. Based on the law, rules and jurisprudence, permanent dismissals are those
barred by principle of double jeopardy, by the rule on speedy trial and dismissals after plea
without express consent. Therefore, provisional dismissal does not fall on this kind of
dismissals. However, the provision provided for a lapsing of time, with proper notice of
dismissal and lapsing of time it will become permanent.

Second feature, Section 8 does not state the grounds that lead to provisional dismissal. This
is marked in contrast with a Motion to Quash that enumerates the grounds for dismissal.

Third feature focuses on consequences of a meritorious Motion to Quash. If it is a

meritorious motion, you will have to distinguish what is the ground for the grant. If it is lack of
jurisdiction, it would be re-filed to the proper court. If the prosecutor has no authority, it could
be re-filed. If it is based on double jeopardy, it can no longer be re-filed. If it is based on
prescription, it cannot be re-filed.

Five Distinctions between Motion to Quash and Provisional Dismissal

Motion to Quash Provisional Dismissal
Invariably filed by the accused to question Filed at the instance of the prosecution or
the efficacy of the complaint or information accused or both, subject to the conditions
of Section 8, Rule 117
Form and content are stated in Section 2 These grounds are not applicable to
provisional dismissal
Assails the validity of the criminal May be grounded on reasons other than
complaint or information for defects or the defects of the information
defenses
Allowed before arraignment There may be a provisional dismissal of the
case even when trial proper is already
underway
An information that is quashed stays Provisional Dismissal by its own terns is
quashed until revived, unless it is impermanent until the time bar applies
grounded on double jeopardy or
prescription