FACTS
The defendants entered into,
occupied and cultivated a portion of a grazing land physically occupied,
possessed and claimed by Atty. Vicente dela Serna, Jr. The said cultivating has
rendered a nuisance to and has deprived the full use thereof for which the land
applied for has been intended, that is preventing applicant’s cattle from
grazing the whole area, thereby causing damage and prejudice to Atty. dela
Serna, Jr. As such, the petitioners filed information’s against defendants
charging them with squatting as penalized by PD No. 772.
ISSUE
Whether or not the defendants
violated PD No. 772
HELD
No. The defendants did not violate PD
No. 772 because the decree’s preamble does not include agricultural lands. It
was intended to apply squatting in urban communities or more particularly to
illegal construction the squatter areas made by well-to-do individuals. The
squatting complained of involves pasture land in rural areas.
Comments
Post a Comment