Provisional Dismissal?



In the criminal cases I handled, most of them were dismissed provisionally.  Provisional in the sense that such dismissal is not permanent yet.

When a case is dismissed provisionally, the private complainant has the right to refile the same case again against the accused without violating the double jeopardy right of the accused.

In cases falling within the jurisdiction of a Municipal Trial Court, the private complainant has the right to refile the same case within one (1) year from the date of the order of the dismissal.  In the Regional Trial Court cases, the private complainant has the right to refile within a period of two (2) years.

If the private complainant does not refile the case within the period mentioned above, the dismissal shall become permanent.

If the dismissal is already permanent, refiling can no longer be made because it would violate the double jeopardy right of the accused.

Be it noted that any provisional dismissal shall have an explicit consent of the accused, otherwise, it can be questioned.

Note: Photo credit to info.legalzoom.com

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