Thursday, January 26, 2012

Canlas v. Napico

Facts:The petitoners seek the issuance of a Writ of Amparo. They claim that they were deprived of their liberty, freedom and/or rights to shelter enshrined and embodied in our Constitution. Their dwellings/houses have either been demolished as of the time of filing of the petition, or is about to be demolished pursuant to a court judgment. They claimed that fraudulent and spurious land titles were issued by certain Land Officials. These Land Officials should be summoned to answer their participation in the issuances of these fraudulent and spurious titles, now, in the hands of the Private Respondents

Issue : Whether or not the writ of amparo applies in this case.

Held : The petition is dismissed.

The petition for a 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 and enforced disappearances or threats thereof. The threatened demolition of a dwelling by virtue of a final judgment of the court is not included among the enumeration of rights as stated in the above-quoted Section 1 for which the remedy of a writ of amparo is made available.

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