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Case Number (#10)

Case Name Canlas vs Napico Homeowners Association, 554 SCRA 208

Date June 5, 2008

Petitioners are settlers in a certain parcel of land which is either
been demolished as of the time of filing of the petition, or is about to be
demolished pursuant to a court judgment affirmed by the SC. Petitioners is
praying for the issuance of a Writ of Amparo, to summon the Land officials
who issued alleged fraudulent and spurious titles, which is now in the
hands of the private Respondents. The Courts of Justice, including this
Honorable Supreme Court, are likewise being made to believe that said
titles in the possession of the Private Respondents were issued untainted
with frauds

Issue: whether or not a writ of Amparo should be issued by the SC

No. The SC dismissed the petition. Section 1 of The Rule on the Writ
of Amparo provides “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, which was affirmed with finality by the SC 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. Their claim to their
dwelling, assuming they still have any despite the final and executory
judgment adverse to them, does not constitute right to life, liberty and
security. There is, therefore, no legal basis for the issuance of the writ of

Besides, the factual and legal basis for petitioners’ claim to the land in
question is not alleged in the petition at all. The Court can only surmise
that these rights and interest had already been threshed out and settled in
the four cases cited above. No writ of amparo may be issued unless there
is a clear allegation of the supposed factual and legal basis of the right
sought to be protected.

Under Section 6 of the same rules, the court shall issue the writ upon the
filing of the petition, only if on its face, the court ought to issue said
writ. Considering that there is no legal basis for its issuance, as in this
case, the writ will not be issued and the petition will be dismissed outright.

This new remedy of writ of amparo which is made available by this Court is
intended for the protection of the highest possible rights of any person,
which is his or her right to life, liberty and security. The Court will not spare
any time or effort on its part in order to give priority to petitions of this
nature. However, the Court will also not waste its precious time and effort
on matters not covered by the writ.