Case Digest (G.R. No. 211004)
Facts:
In The People of the Philippines et al. v. Hon. Vicente B. Echaves, Jr. et al. (G.R. Nos. L-47757-61, January 28, 1980; 180 Phil. 535), Fiscal Abundio R. Ello of Bohol and private prosecutor Vicente de la Serna, Jr. filed, on October 25, 1977, sixteen separate informations against alleged squatters under Presidential Decree No. 772 (effective August 20, 1975). The charges stemmed from the occupation and cultivation of grazing land in Barangay Magsaysay, Talibon, Bohol, claimed by Atty. de la Serna as successor to the pasture applicant Celestina de la Serna. Five of these informations (Criminal Cases Nos. 1824, 1828, 1832, 1833 and 1839) naming Ano Dacullo, Geronimo Oroyan, Mario Aparici, Ruperto Cajes and Modesto Suello as respondents were raffled to Judge Vicente B. Echaves, Jr. of the Court of First Instance, Branch II. Before arraignment, Judge Echaves motu proprio dismissed the five informations by order dated December 9, 1977, ruling that the use of “stealth and strategy” dCase Digest (G.R. No. 211004)
Facts:
- Parties and Proceedings
- Petitioners: The People of the Philippines, represented by Abundio R. Ello (4th Assistant Provincial Fiscal of Bohol) and Vicente de la Serna, Jr. (private prosecutor).
- Respondents: Hon. Vicente B. Echaves, Jr. (Judge, CFI Bohol, Branch II) and accused squatting persons Ano Dacullo, Geronimo Oroyan, Mario Aparici, Ruperto Cajes, Modesto Suello.
- Chronology and Lower Court Actions
- October 25, 1977 – Informations filed under PD No. 772 against sixteen persons for occupying grazing lands of Atty. Vicente de la Serna, Jr. by “stealth and strategy.”
- December 9, 1977 – Judge Echaves motu proprio dismissed five informations for (a) improper allegation of “stealth and strategy” instead of “force, intimidation or threat,” and (b) inapplicability of PD 772 to agricultural lands under ejusdem generis.
- Post‐dismissal – Fiscal amended informations to correct language, moved for reconsideration; motion denied.
- Appeal – Fiscal appealed to the Supreme Court under R.A. No. 5440.
Issues:
- Applicability of Presidential Decree No. 772
- Whether PD 772, penalizing squatting “with force, intimidation or threat” and other similar acts, extends to agricultural or grazing lands.
- Role of Statutory Construction Doctrines
- Whether the rule of ejusdem generis should limit the scope of PD 772 to non‐agricultural (urban) squatting.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)