1) Fiscal Abundio R. Ello filed informations against 16 people for squatting on land, which was punishable under PD No. 772. 5 of these cases were assigned to Judge Vicente Echavez Jr.
2) Judge Echavez dismissed the 5 cases before the accused could be arraigned, reasoning that PD No. 772 does not apply to cultivating grazing land.
3) The fiscal asked that the dismissal order be reconsidered, questioning whether PD No. 772, which penalizes squatting, applies to agricultural lands.
1) Fiscal Abundio R. Ello filed informations against 16 people for squatting on land, which was punishable under PD No. 772. 5 of these cases were assigned to Judge Vicente Echavez Jr.
2) Judge Echavez dismissed the 5 cases before the accused could be arraigned, reasoning that PD No. 772 does not apply to cultivating grazing land.
3) The fiscal asked that the dismissal order be reconsidered, questioning whether PD No. 772, which penalizes squatting, applies to agricultural lands.
1) Fiscal Abundio R. Ello filed informations against 16 people for squatting on land, which was punishable under PD No. 772. 5 of these cases were assigned to Judge Vicente Echavez Jr.
2) Judge Echavez dismissed the 5 cases before the accused could be arraigned, reasoning that PD No. 772 does not apply to cultivating grazing land.
3) The fiscal asked that the dismissal order be reconsidered, questioning whether PD No. 772, which penalizes squatting, applies to agricultural lands.
1) Fiscal Abundio R. Ello filed informations against 16 people for squatting on land, which was punishable under PD No. 772. 5 of these cases were assigned to Judge Vicente Echavez Jr.
2) Judge Echavez dismissed the 5 cases before the accused could be arraigned, reasoning that PD No. 772 does not apply to cultivating grazing land.
3) The fiscal asked that the dismissal order be reconsidered, questioning whether PD No. 772, which penalizes squatting, applies to agricultural lands.
Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
You are on page 1/ 2
Case #/ Name G.R. No.
L-47757-61 January 28, 1980
Parties People v Echavez
Topic/Point of Discussion Whereas Clause Facts Fiscal Abundio R. Ello filed separate informations against sixteen people for squatting which was punishable under PD No. 772. FIve of the informations were raffled to Judge Vicente Echavez, Jr. The Judge dismissed the five informations before the accused could be arraigned. One of the Judge's grounds for the dismissal was that under the rule of ejusdem generis the decree does not apply to the cultivation of a grazing land. The fiscal asked that the dismissal order be reconsidered. Issue Issues: Whether PD No. 772 which penalizes squatting and similar acts, applies to agricultural lands. Held/Ruling No. The court ruled that PD No. 772 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 constructions in squatter areas made by well-to-do individuals. The squatting complained of involves pasture lands in rural areas.
Supplemental Notes The preamble of the decree is quoted below:
WHEREAS, it came to my knowledge that despite the issuance of Letter of Instruction No. 19 dated October 2, 1972, directing the Secretaries of National Defense, Public Work. 9 and communications, Social Welfare and the Director of Public Works, the PHHC General Manager, the Presidential Assistant on Housing and Rehabilitation Agency, Governors, City and Municipal Mayors, and City and District Engineers, "to remove an illegal constructions including buildings on and along esteros and river banks, those along railroad tracks and those built without permits on public and private property." squatting is still a major problem in urban communities all over the country;
WHEREAS, many persons or entities found to have been unlawfully occupying public and private lands belong to the affluent class;
WHEREAS, there is a need to further intensify the government's drive against this illegal and nefarious practice. Case #/ Name G.R. No. L-14526. March 31, 1965
Parties Aboitiz Shipping of Corp v. Cebu
Topic/Point of Discussion Body
Facts Fiscal Abundio R. Ello filed separate informations against sixteen people for squatting which was punishable under PD No. 772. FIve of the informations were raffled to Judge Vicente Echavez, Jr. The Judge dismissed the five informations before the accused could be arraigned. One of the Judge's grounds for the dismissal was that under the rule of ejusdem generis the decree does not apply to the cultivation of a grazing land. The fiscal asked that the dismissal order be reconsidered. Issue Issues: Whether PD No. 772 which penalizes squatting and similar acts, applies to agricultural lands. Held/Ruling No. The court ruled that PD No. 772 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 constructions in squatter areas made by well-to-do individuals. The squatting complained of involves pasture lands in rural areas.
