BERNARDO V.

PEOPLE, 123 SCRA 365 (1983)

July 5, 1983
Petiti!e" # Al$e"t %&l& J".
Re'(!)e!t # Sli*it" +e!e"&l
,AC-S.
o Isidro Bernardo was a tenant of Ledda Sta. Rosa in her Riceland in
Plaridel, Bulacan during October 1972 until ugust 17!"
o Isidro left #transferred to San $icolas% without Sta. Rosa &nowing,
but he transferred his tenanc' rights to his son before.
o Sta. Rosa filled a case of forcible entr' and the Bernardos lost
before the (ourt of )irst Instance of Bulacan, and then lost before
the (ourt of **eals
o Sta. Rosa sent a letter to de+and *etitioners to ,acate the house
and land. But the' failed to lea,e, and a cri+inal co+*laint was fled
against the+ in ,iolation of Presidential -ecree $o. 772
Presidential Decree 772 of 1975 n' *erson who, with
the use of force, inti+idation or threat, or ta&ing ad,antage
of the absence or tolerance of the landowner, succeeds in
occu*'ing or *ossessing the *ro*ert' of the latter against
his will for residential co++ercial or an' other *ur*oses,
shall be *unished b' an i+*rison+ent ranging fro+ si.
+onths to one 'ear or a fine of not less than one thousand
nor +ore than fi,e thousand *esos at the discretion of the
court, with subsidiar' i+*rison+ent in case of insol,enc'.
o Petitioners *lead not guilt', also filed a +otion to dis+iss on the
ground of lac& of /urisdiction of the court to entertain a case for
the said ,iolation
o 0otion to dis+iss was denied con,icting the+ to *a' a fine of
P2,!"" each 1 I$ 2RIL (O3R2
/SS0ES.
o 4hether or not the (ourt of )irst Instance has /urisdiction to
entertain said cri+inal case when the facts do not constitute a
,iolation of P- 772
R0L/N+.
o N, it 1&' ! 2u"i')i*ti!.
)ro+ Peo*le ,s 5scha,es
Presidential -ecree does not a**l' to *asture lands
because its *rea+ble shows that it was intended to
a**l' to s6uatting in 3RB$ (O003$I2I5S, or
+ore *articularl' to illegal construction in s6uatter
areas +ade b' well7to7do indi,iduals
o (ertiorari is 8R$25-, /udg+ent of con,iction is set aside and
cased di+issed