G.R. No. L-49019 April 10, 1992
PEOPLE OF THE PHILIPPINES, petitioner, vs. THE CITY COURT, BRANCH III OF GENERAL SANTOS CITY, Presided over by the Honorable City Judge ANDRES O. LORENZO, ERMILINA COLLADO VDA. DE BUNTAWIG, ESBERTO GUANCO, ROMEO CARDONES, ERNESTO MAGTOLIS, ANGEL CARDONES, DAMIANO DESCUTIDO, ALDARICO LUBATON, LINDA TORIFIL, PALAVIO CALAVIR, RODOLFO MONTERO, ROMEO HERNAEZ, NENITA JALANDONI, DIONISIO NATIVIDAD, LINDA ROCHE, ERLINDA DARAR, DOROTEA ORTIGOZA, GRACE DESCUTIDO, ROGELIO DESCUTIDO, LUIS CARDONES, DEMETRIO GARGOLIS, EMMANUEL LAS PINAS, ROMEO APPELIDO, ALFREDO ORILLA, ANICETO SALAS, MANOLO MAGNO, RODRIGO ORILLA and ROMEO MONTERO, respondents.

FACTS

On August 17, 1978, private respondents were charged before the respondent City Court of General Santos City with violation of Presidential Decree No. 772 (Penalizing Squatting and Other Similar Acts). The information alleged that from about 1968 and continuously until the present, the accused willfully, unlawfully, and feloniously occupied and possessed, by means of force and/or taking advantage of the tolerance of the landowner, a parcel of land owned by Jorge P. Royeca without his consent and against his will, constructing houses thereon without building permits, and refused to vacate despite demands. Private respondents filed motions to quash. On August 31, 1978, the respondent court granted the motion to quash and dismissed the case, ruling that P.D. No. 772, which took effect on August 20, 1975, was not an ex-post facto law and did not penalize a continuing crime. The court held that since the accused “succeeded in occupying” the property in 1968, before the decree’s effectivity, they could not be penalized under it. The People, through the City Fiscal, filed this petition seeking reversal of the order and reinstatement of the criminal case, arguing that the squatting continued beyond the decree’s effectivity. The Solicitor General concurred with the petitioner’s view.

ISSUE

Whether Presidential Decree No. 772 can be applied to private respondents whose alleged illegal occupancy of the land commenced in 1968 but continued after the decree took effect on August 20, 1975, and up to the filing of the information in 1978.

RULING

The petition is GRANTED. The assailed order of the respondent court dated August 31, 1978, is REVERSED and SET ASIDE. The respondent court is ordered to reinstate the case for further proceedings. The Supreme Court ruled that squatting is a continuous offense. Even if the illegal occupancy commenced prior to the promulgation of P.D. No. 772 on August 20, 1975, since it continued up to the filing of the information and beyond, the offenders can be held liable under the law. The facts in the information alleged continuous occupancy from 1968 until August 17, 1978. Therefore, P.D. No. 772 is applicable to private respondents, and they can be charged with its violation.