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(PEOPLE v. LEACHON) (Serapio) C2021
(PEOPLE v. LEACHON) (Serapio) C2021
LEACHON
G.R. No. 108725-26. September 25, 1998
Purisima, J.
Doctrine: What is meant by in accordance with law and just and humane manner is that
the person to be evicted be accorded due process or an opportunity to controvert the
allegation that his or her occupation or possession of the property involved is unlawful or
against the will of the landowner.
FACTS
The present case is a special civil action for certiorari and mandamus filed by the
Provincial Prosecutor of Occidental Mindoro and private complainant FACOMA in which they
assail the validity of the orders issued by respondent which dismissed the criminal cases filed
against Noli Hablo, Edmundo Mapindan and Diego Escala.
The facts would show that the Provincial Prosecutor of Occidental Mindoro filed two
separate information against Hablo, Mapindan and Escala for violation of the Anti-Squatting
Law. The cases then proceeded to trial however, the respondent judge issued an order which
dismissed the cases on the ground of lack of jurisdiction. Aggrieved, petitioners then filed an
appeal before this court which was remanded to the Court of Appeals for proper disposition. The
CA then ordered respondent judge to continue the trial but instead of adhering to said order,
respondent judge issued the assailed order which dismissed the cases on the ground that P.D>
772 has been repealed by Sections 9 and 10, Article 13 of the Constitution.
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chance to rebut the allegations imputed against him. Just and humane is not hinged on the
existence of a resettlement area or earmarked by the government.
Applying the foregoing to the case at bar, the enactment of an anti-squatting law
affords the alleged squatters the opportunity to present their case before a competent
court where their rights will be amply protected, and due process strictly observed. By
filing the proper information in court, complainants have complied with the first
requirement of due process, that is, the opportunity for the accused to be heard and
present evidence to show that his or her occupation or possession of the property is not
against the will or without the consent of the landowner and is not tainted by the use of
force, intimidation, threat or by the taking advantage of the absence of or tolerance by the
landowners.
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