Canlas or Napico House Owner's Connection
G. R. Number 182795
The petitioners sought the issuance of a writ of Amparo alleging that they have recently been deprived of their liberty, flexibility and/or rights to protection enshrined and embodied in our Constitution, while the result of the nefarious activities of both the Private and Public Respondents. Petitioners happen to be settlers in a certain package of land situated in the Brgy. Manggahan, Pasig Town. Their dwellings have either been destroyed as of enough time of processing of the request, or is all about to be demolished pursuant into a court judgment which was established with finality in several other cases.
Petitioners claim that respondents hold fraudulent and unwarranted titles. Thus, the request for writ of Proteccion.
The rule in writ of amparo delivers that it is a treatment available to anyone whose directly to life, freedom and protection is violated or insecure with violation by an unlawful act or omission of a community official or employee or perhaps of a private individual or entity. The writ shall cover extra legal killings or disappearances.
Further, the the courtroom also known that the informative and legal basis for petitioners' claims to the land in question is definitely not so-called in the request at all. The Court can only surmise these rights and interest had already been threshed out and settled inside the other circumstances decided regarding the the request.
Whether or Not the writ of Amparo is a correct remedy for the petitioners.
Number The writ of defensa does not cover the cause of the petitioners. The threatened demolition of a home by a virtue of a final judgment with the court is definitely not included amongst thee numeration of rights covered by the writ. Therefore, the court finding no legal basis for the issuance with the writ ignored petition overall. It rationed that new remedy of writ of amparo which is made available by this Court is intended for the protection in the highest possible legal rights of anybody, which is...