People v Leachon Jr.

People of the Philippines v The Hon. Emilio L. Leachon, Jr. GR 108725 September 25, 1998 Facts: On August 7, 1990, the Provincial Prosecutor of Occidental Mindoro filed 2 separate violation of PD 772 (Anti-Squatting law) against Noli Hablo, Edmundo Mapindan and Diego before the Regional Trila Court of Occidental Mindoro presided by the respondent judge. The case proceeded to trial and after the presentation of evidence; the prosecution rested the cases and sent a written offer of evidences. After almost a year the judge dismissed the cases motu proprio on the ground of lack of jurisdiction. Petitioners then appealed to the Supreme Court via a petition of certiorari, prohibition and mandamus, which was referred to the Court of Appeals for disposition. Court of Appeals reversed the Order of dismissal and ordered the continuation of the trial. The respondent judge once again dismissed the case motu proprio once more saying that PD 772 is repealed by Art. XIII Section 9 and 10 of the 1987 Constitution. (Urban and rural dwellers shall not be evicted nor their dwellings demolished except in accordance with law and in a just and humane manner) Petitioners filed a Motion for Reconsideration but were denied by the judge. Petitioners found their way to the Supreme Court via instant petition. Issue: WON the respondent judge acted with grave abuse of discretion amounting to the lack or excess of jurisdiction in dismissing the subject criminal cases for the violation of the Anti-Squatting law and in declaring the said law as repugnant to the provision of the 1987 Constitution? Held: Yes. The respondent judge dismissed the subject cases motu proprio, after the prosecution had rested the same and without giving the three accused an opportunity to present their evidence. There is also no showing that the issue of constitutionality of PD 772 was ever posed by the accused, such an issue cannot be given due course because it was not raised by the proper party at the earliest opportunity. Petition cannot prosper because on October 27, 1997 Republic Act No. 8368 (Penalizing Squatting and Other Similar Acts) was enacted and repealed PD 772. All cases under the provision of PD 772 shall be dismissed.