This case has been cited 1 times or more.
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2003-04-01 |
CALLEJO, SR., J. |
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| Express consent to a provisional dismissal is given either viva voce or in writing. It is a positive, direct, unequivocal consent requiring no inference or implication to supply its meaning.[7] Where the accused writes on the motion of a prosecutor for a provisional dismissal of the case No objection or With my conformity, the writing amounts to express consent of the accused to a provisional dismissal of the case.[8] The mere inaction or silence of the accused to a motion for a provisional dismissal of the case[9] or his failure to object to a provisional dismissal[10] does not amount to express consent. | |||||