People vs. Hon. Vicente Echavez, Jr. (G.R. Nos. L-47757-61 January 28, 1980)

People vs. Hon. Vicente Echavez, Jr. (G.R. Nos. L-47757-61 January 28, 1980)

Ponente: AQUINO

 

FACTS:

 

Petitioner Ello filed with the lower court separate informations against sixteen persons charging them with squatting as penalized by Presidential Decree No. 772. Before the accused could be arraigned, respondent Judge Echaves motu proprio issued an omnibus order dismissing the five informations (out of 16 raffled) on the grounds (1) that it was alleged that the accused entered the land through “stealth and strategy”, whereas under the decree the entry should be effected “with the use of force, intimidation or threat, or taking advantage of the absence or tolerance of the landowner”, and (2) that under the rule of ejusdem generis the decree does not apply to the cultivation of a grazing land. From the order of dismissal, the fiscal appealed to this Court under Republic Act No. 5440.

 

ISSUE:

 

Whether or not P.D. No. 772 which penalizes squatting and similar acts, (also) apply to agricultural lands.

 

HELD:

 

NO. Appeal was devoid of merit.Trial court’s dismissal was affirmed.

 

RATIO:

 

[T]he lower court correctly ruled that the decree does not apply to pasture lands because its preamble shows that it was intended to apply to squatting in urban communities or more particularly to illegal constructions in squatter 

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