People of The Philippines Vs Echaves, JR, 95 SCRA 663, G.R. No. L-47757-61, January 28, 1980
Uploaded by
Gi NoPeople of The Philippines Vs Echaves, JR, 95 SCRA 663, G.R. No. L-47757-61, January 28, 1980
Uploaded by
Gi NoPeople of the Philippines Vs Hon. Vicente B. Echaves, Jr, 95 SCRA 663, G.R. No.
L-47757-61,
January 28, 1980
Facts:
On October 25, 1977 Fiscal Abundio R. Ello filed with the lower court separate information
against sixteen persons charging them with squatting as penalized by Presidential Decree No.
772. The information provides that “sometime in the year 1974 continuously up to the present,
the above-named accused, with stealth and strategy, enter into, occupy and cultivate a portion
of a grazing land physically occupied, possessed and claimed by Atty. Vicente de la Serna,
accused's entrance into the area has been and is still against the win of the offended party; did
then and there willfully, unlawfully, and feloniously squat and cultivate a portion of the said
grazing land; said cultivating has rendered a nuisance to and has deprived the pasture applicant
from 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 the
said applicant-possessor-occupant, Atty. Vicente de la Serna, Jr.”
Five of the information were raffled to Judge Vicente B. Echaves, Jr. who dismissed the five
information on the grounds (1) that it was alleged that the accused entered the land through
"stealth and strategy", whereas under the decree the entry should be effected "with the use of
force, intimidation or threat, or taking advantage of the absence or tolerance of the
landowner", and (2) that under the rule of ejusdem generis the decree does not apply to the
cultivation of a grazing land.
Issue:
Whether or not by Presidential Decree No. 772 applies to agricultural lands.
Ruling:
No. The court agrees to the lower court that the decree 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
squating complained of involves pasture lands in rural areas. It should be noted that squatting
on public agricultural lands, like the grazing lands involved in this case, is punished by Republic
Act No. 947. The rule of ejusdem generis invoked by the trial court, however, does not apply to
this case. The decree is intended to apply only to urban communities, particularly to illegal
constructions. The rule of ejusdem generis is merely a tool of statutory construction which is
resorted to when the legislative intent is uncertain.
