The accused should instead go to trial, without
prejudice on his part to present the special defenses he had invoked in his
motion and, if after trial on the merits, an adverse decision is rendered, to
appeal therefrom in the manner authorized by law. (LYNDON D. BOISER vs. PEOPLE OF
THE PHILIPPINES, G.R. No. 180299, January 31, 2008, NACHURA, J.).
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