Back

Militante vs. Court of Appeals [ SEPARATE OPINION, MENDOZA, J.]

PILO MILITANTE, PETITIONER, VS. HON. COURT OF APPEALS, FORMER SIXTH DIVISION, NATIONAL HOUSING AUTHORITY, REPRESENTED BY ITS PROJECT MANAGER, ANNABELLE D. CARANGDANG, AND THE REPUBLIC OF THE PHILIPPINES, RESPONDENTS.

G.R. No. 107040 | 2000-04-12

SEPARATE OPINION


MENDOZA, J., concurring in the judgment:

Petitioner has no cause of action for prohibition or mandamus against respondents. Consistent with his claim that P.D. No. 1315 is unconstitutional, he cannot ask the NHA to relocate the 24 squatter families occupying Lot Nos. 3603, 3605, and 3607. For such power is to be exercised by the NHA only with respect to lands acquired by the government and placed under the administration of NHA. Thus, after declaring the lots enumerated therein as "expropriated," §1 of P.D. No. 1315 directs the NHA "to immediately take possession, control and disposition of the...