BERNARDO V.

PEOPLE, 123 SCRA 365 (1983)

FACTS:
Isidro Bernardo was a tenant of Ledda Sta. Rosa in her Riceland in Plaridel,
Bulacan during October 1972 until August 1974. Isidro left (transferred to San
Nicolas) without Sta. Rosa knowing, but he transferred his tenancy rights to his son
before. Sta. Rosa filled a case of forcible entry and the Bernardos lost before the
Court of First Instance of Bulacan, and then lost before the Court of Appeals.
Sta. Rosa sent a letter to demand petitioners to vacate the house and land.
But they failed to leave, and a criminal complaint was fled against them in violation
of Presidential Decree No. 772.
Presidential Decree 772 of 1975 Any person who, with
the use of force, intimidation or threat, or taking advantage
of the absence or tolerance of the landowner, succeeds in
occupying or possessing the property of the latter against
his will for residential commercial or any other purposes,
shall be punished by an imprisonment ranging from six
months to one year or a fine of not less than one thousand
nor more than five thousand pesos at the discretion of the
court, with subsidiary imprisonment in case of insolvency.
Petitioners plead not guilty, also filed a motion to dismiss on the ground of
lack of jurisdiction of the court to entertain a case for the said violation. Motion to
dismiss was denied convicting them to pay a fine of P2,500 each in trial court.
ISSUES:
Whether or not the Court of First Instance has jurisdiction to entertain said
criminal case when the facts do not constitute a violation of PD 772.
DECISION:
This petition for certiorari is GRANTED, the judgment of conviction is SET ASIDE, and said Criminal
Case No. 3022-M is hereby DISMISSED.
RATIO:
No, it has no jurisdiction. Conviction is null and void. In the case of People vs
Eschaves, Presidential 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 construction in squatter areas made by well-to-do individuals.
It is a basic principle of criminal law that no person should be brought within the
terms of a penal statute who is not clearly within them nor should any act be
pronounced criminal which is not clearly made so by the statute.