The
essential requisites of the first paragraph of Section 8, Rule 117 of the
Rules, which are conditions sine qua non to the application of the time-bar in
the second paragraph thereof, to wit: (1) the prosecution with the express
conformity of the accused or the accused moves for a provisional (sin
perjuicio) dismissal of the case; or both the prosecution and the accused move
for a provisional dismissal of the case; (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. (WILLIAM CO VS. NEW
PROSPERITY PLASTIC PRODUCTS [2014]).
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