PROVISIONAL DISMISSAL:

   Order granting a motion to quash on the ground that the facts charged do not constitute an offense is not governed by Section 8 of Rule 117.  While the provision on provisional dismissal is found within Rule 117 (Motion to Quash), it does not follow that a motion to quash results in a provisional dismissal to which Section 8, Rule 117 applies.  Hence, the time-bar rule does not apply to the dismissal of the information and the case may be re-opened if the trial court finds that the quashal was improper. (LOS BAÑOS vs. PEDRO, G.R. No. 173588, April 22, 2009, En Banc, Brion, J.).