LOS BAÑOS v. PEDRO Primarily, they are two separate concepts.

In Motion to Quash, the

Information itself has deficiency while in Provisional Dismissal, the
FACTS: Information has no deficiencies. It does not follow that a motion to
quash results in a provisional dismissal to which Section 8, Rule 117
 Joel Pedro was charged in court for carrying a loaded firearm applies.
without authorization from the COMELEC a day before the
elections. In the case, the SC finds that the granting of the quashal of the RTC
 Pedro, then filed a Motion to Quash after his Motion for had no merit on the ground that there is a legal excuse or justification
Preliminary Investigation did not materialize. The RTC in Pedro's offense. Pedro misappreciated the natures of a motion to
granted the quashal quash and provisional dismissal. As a consequence, a valid
 The RTC reopened the case for further proceedings in which Information still stands, on the basis of which Pedro should now be
Pedro objected to citing Rule 117, Sec. 8 on provisional arraigned and stand trial.
dismissal, arguing that the dismissal had become permanent.
 The public prosecutor manifested his express conformity with
the motion to reopen the case saying that the provision used
applies where both the prosecution and the accused mutually
consented to the dismissal of the case, or where the
prosecution or the offended party failed to object to the
dismissal of the case, and not to a situation where the
information was quashed upon motion of the accused and
over the objection of the prosecution.
 The RTC, thus, set Pedro’s arraignment date.
 Pedro filed with the CA a petition for certiorari and prohibition
to nullify the RTC’s mandated reopening.
 The CA, at first granted the reopening of the case but through
Pedro's Motion for Reconsideration, his argument that a year
has passed by from the receipt of the quashal order, the CA's
decision was reversed.
 Petitioner now argues using the same argument of the public
prosecutor.

ISSUE:
 Whether the rule on provision dismissal is applicable.

HELD:

The SC granted the petition and remanded the case to the RTC.

The SC differentiated Motion to Quash and Provisional Dismissal.