Sunday, July 11, 2010

Bernardo vs. People, 123 SCRA 365 (1983)

FACTS: Bemardo was a tenant of Ledda Sta. Rosa’s Riceland in Bulacan from Oct. ’72 to Aug. ‘74. His son stayed with him in the house built on that land. The tenancy rights of the house were
left with the son when the father transferred but without Sta. Rosa knowing. Eventually, Sta. Rosa took possession of the whole rice field and filed a case of forcible entry against the Bernardos. The Bernardos lost in their cases before the Municipal Court Sta. Rosa sent a letter of demand to petitioners telling them to vacate their house and land but since they refused, a criminal complaint was charged against them for violation of PD 772 on squatting.

ISSUE: Whether or not the CFI has jurisdiction to entertain criminal case for alleged violation of presidential decree no 772 since the facts obtaining in the case do not constitute an offence or violation of said law

RULING: Petition for certiorari is granted. No person should be brought within the terms of a penal statute who is not clearly within them, nor should any act be pronounced criminal which is
not clearly made so by the statute. Based on its preamble, PD 772 applied only to squatters in urban areas and not to agricultural lands.

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