Case Digest: Canlas et al vs NAPICO Homeowners Association GR No 182795

By ResIpsaLoquitor -
Canlas et. al., vs NAPICO Homeowners Association
 GR No 182795                                                                                  June 5, 2008

Facts:
Petitioners are settlers in a certain parcel of land. Their dwellings have been demolished or is about to be demolished pursuant to a court judgment. They filed a petition for writ of amparo to summon some unprincipled Land Officials as they allege to answer their participation in the issuance of fraudulent titles to NAPICO. 

Issue:
Whether or not  writ of amparo is proper in this case.

Ruling:
No, 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 threatened demolition is not included among the enumeration of rights protected by the writ. Their claim to their dwelling does not constitute right to life, liberty, and security.

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