Canlas vs. Napico Homeowners - Digest

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CANLAS vs NAPICO HOMEOWNERS

GR No. 182795, June 5, 2008


Facts
Petitioners are settlers in a certain parcel of land situated in the Brgy. Manggahan,
Pasig City. Their dwellings have either been demolished as of the time of filing of
the petition, or is about to be demolished pursuant to a court judgment. Petitioners
claim that respondents hold fraudulent and spurious titles. Thus, the petition for
writ of amparo. The rule on writ of amparo is a remedy available to any person
whose right to life, liberty and security is violated or threatened with violation by
an unlawful act or omission of a public official or employee or of a private
individual or entity. The writ shall cover extralegal killings or disappearances.
Issue
Whether or not the writ of amparo is a correct remedy for the petitioners.
Ruling
No. The writ of amparo does not cover the cause of the petitioners. The threatened
demolition of a dwelling by a virtue of a final judgment of the court is not included
among the enumeration of rights covered by the writ. Also, the factual and legal
basis for petitioners claim to the land in question is not alleged at all in the petition

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