CANLAS V NAPICO

FACTS:

Petitioner squatting syndicates seeks the issuance of a Writ of Amparo.

It appears that petitioners are settlers in a certain parcel of land situated in Pasig City. 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 prayed for the issuance of the Writ of Amparo, that these unprincipled Land Officials be
summoned to answer their participation in the issuances of these fraudulent and spurious titles, NOW,
in the hands of the Private Respondents.

HELD:

*The petition is dismissed.

*The Rule on the Writ of Amparo provides:

SEC. 1. Petition. 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. (Emphasis supplied.)

*The threatened demolition of a dwelling by virtue of a final judgment of the court, which in this case
was affirmed with finality by this Court in G.R. Nos. 177448, 180768, 177701, 177038, 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 amparo.

*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.

*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.