H. Dismissal (Rule 17)

Dismissal Must Be Without the Express Consent of the Accused

General Rule: The termination of the case must be without the express consent of the accused so that jeopardy will attach (Rule 117, Sec. 7).

Exceptions: Dismissal is equivalent to acquittal even with the accused’s consent if grounded on:

• Speedy trial
• Demurrer to evidence (People v. Bans, G.R. No. 104147, 8 December 1994)

Motion to Dismiss

A motion to dismiss the petition is not allowed except on the ground of lack of jurisdiction over the subject matter or over the parties. Any other ground that might warrant the dismissal of the petition shall be raised as an affirmative defense in the answer. (Sec. 6, A.M. NO. 03-04-04-SC)