The respondent judge dismissed criminal cases for violation of the Anti-Squatting Law, ruling that convicting and evicting the accused would be unjust and inhumane as the government had not established resettlement areas or consulted the accused. The Court of Appeals reversed the dismissal, but the respondent judge dismissed the cases again. The Supreme Court ruled that while the respondent judge correctly interpreted the constitutional provision regarding evictions, dismissal was improper as the issue of the law's constitutionality was not raised by the accused and the prosecution had already presented its case.
The respondent judge dismissed criminal cases for violation of the Anti-Squatting Law, ruling that convicting and evicting the accused would be unjust and inhumane as the government had not established resettlement areas or consulted the accused. The Court of Appeals reversed the dismissal, but the respondent judge dismissed the cases again. The Supreme Court ruled that while the respondent judge correctly interpreted the constitutional provision regarding evictions, dismissal was improper as the issue of the law's constitutionality was not raised by the accused and the prosecution had already presented its case.
The respondent judge dismissed criminal cases for violation of the Anti-Squatting Law, ruling that convicting and evicting the accused would be unjust and inhumane as the government had not established resettlement areas or consulted the accused. The Court of Appeals reversed the dismissal, but the respondent judge dismissed the cases again. The Supreme Court ruled that while the respondent judge correctly interpreted the constitutional provision regarding evictions, dismissal was improper as the issue of the law's constitutionality was not raised by the accused and the prosecution had already presented its case.
FACTS: The provincial prosecutor of Occidental Mindoro filed two separate infomations for violation of PD 772 (Anti-Squatting Law) against Noli hablo, Edmundo Mapindan and Diego Escala before the RTC of Occidental Mindoro presided over by the respondent. In trial, the presentation of evidence of the prosecution rested the cases; A year after the prosecution has rested, respondent Judge issued an order dismissing the said cases motu proprio based on lack of jurisdiction. Petitioners appealed. The CA reversed the Order of dismissal, ordering continuation of trial of the criminal cases. Instead of conducting trial, the respondent dismissed the cases motu proprio again, opining that PD 772 is rendered obsolete and deemed repealed by Sections 9 and 10 of Article XIII of the 1987 Constitution, which provides that urban or rural poor dwellers shall not be evicted nor their dwellings demolished except in accordance with law and in a just and humane manner. Motion for reconsideration was denied hence, this petition. ISSUE: Whether the respondent judge acted with grave abuse of discretion amounting to lack or excess of jurisdiction in dismissing subject criminal cases for violation of the Anti-Squatting Law, and in declaring the said law as repugnant to the provisions stating that demolition of dwellings must be in accordance with law and in a just and humane manner. RULING: No. In dismissing subject criminal cases for anti-squatting, respondent Judge formed judgments based on logic that if all the accused in these cases were convicted and ordered evicted, it will run counter to the said specific constitutional provisions because the conviction and eviction will not be in a just and humane manner as the government has not yet undertaken the resettlement of urban and rural dwellers (referring to all accused in the cases at bar) and neither has the government consulted all the accused as to where they should be relocated. From the aforequoted portion of the questioned disposition below, it can be gleaned that the reason of respondent Judge in dismissing subject cases is that the eviction of the accused was not effected in a just and humane manner as the government has not yet established a resettlement area for the accused, and those who would be evicted have not been consulted as to the place of their relocation. The import of the Order of dismissal under scrutiny is that- should the eviction be in a just and humane manner, the same shall be valid and upheld. The Court holds that the respondent judge did not err in so construing the aforecited constitutional provision. Under the Constitution, what makes the eviction and demolition of urban or rural poor dwellers illegal or unlawful is when the same are not done in accordance with law and in a just and humane manner. In the case at bar, the respondent Judge dismissed subject cases motu proprio, after the prosecution had rested the same and without giving the three accused an opportunity to present their evidence. What is more, there is no showing that the issue of constitutionality of P. D. 772 was ever posed by the accused. Consequently, such an issue cannot be given due course for the simple reason that it was not raised by the proper party at the earliest opportunity.