PROVISIONAL DISMISSAL:

A case is provisionally dismissed if the following requirements concur: (1) the prosecution with the express conformity of the accused, or the accused, moves for a provisional dismissal (sin perjuicio) of his case; or both the prosecution and the accused move for its provisional dismissal; (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; and (4) the public prosecutor is served with a copy of the order of provisional dismissal of the case”

There are sine quanon requirements in the application of the time-bar rule stated in the second paragraph of Section 8 of Rule 117. The time-bar under the foregoing provision is a special procedural limitation qualifying the right of the State to prosecute, making the time-bar an essence of the given right or as an inherent part thereof, so that the lapse of the time-bar operates to extinguish the right of the State to prosecute the accused.

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