Case Digest (G.R. No. 182795)
Facts:
Armando Q. Canlas, Miguel D. Capistrano, Marrieta Pia v. Napico Homeowners Ass'n., I - XIII, Inc., et al., G.R. No. 182795, June 05, 2008, the Supreme Court En Banc, Reyes, J., writing for the Court.Petitioners — settlers in a parcel of land in Barangay Manggahan, Pasig City — filed a petition with the Supreme Court on May 26, 2008 seeking the issuance of a writ of amparo under the newly promulgated Rule on the Writ of Amparo. They alleged deprivation of their liberty, freedom and rights to shelter resulting from actions of both public and private respondents; they asserted that some land titles now held by private respondents were fraudulently issued through the participation of unscrupulous land officials and “squatting syndicates,” and sought relief to unearth and compel accountability of those officials.
The petition recited that petitioners’ dwellings had already been demolished or were about to be demolished pursuant to a court judgment that, according to the petition, had been affirmed with finality by this Court in four prior cases: G.R. Nos. 177448, 180768, 177701, 177038. Although petitioners acknowledged that their filing should not be treated as a second or third motion for reconsideration of those prior dismissals, they framed the remedy sought as an amparo petition which, they argued, could be used to revisit or address the consequences of those earlier rulings.
The Supreme Court, sitting En Banc, considered the petition under the Rule on the Writ of Amparo. Applying Section 1 (the scope of the writ) and Section 6 (the requirement that the writ be issued when “on its face” it ought to issue), the Court concluded that the threatened demolition under a f...(Subscriber-Only)
Issues:
- Is the present petition properly a petition for a writ of amparo and not a prohibited successive motion for reconsideration of this Court’s prior dismissals?
- Does a threatened demolition of dwellings pursuant to a final and executory court judgment amount to a violation or threat to the rights to life, liberty and security for which the writ of amparo is available under Section 1 of the Rule on the Writ of Amparo?
- Did the petition sufficiently allege the factual and legal basis required to justify issuance of the writ u...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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