Wednesday, October 2, 2013

A PETITION FOR CERTIORARI UNDER RULE 65 IS NOT THE PROPER REMEDY AGAINST AN ORDER DENYING A MOTION TO QUASH.

     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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