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Alex Jumawan, et al. Vs. Diomedes M. Eviota, et al.

ALEX JUMAWAN and ROGELIO JUMAWAN, petitioners, vs. HON. DIOMEDES M. EVIOTA, Incumbent Presiding Judge of RTC, Branch 32, Surigao City, and the PEOPLE OF THE PHILIPPINES, respondents

G.R. Nos. 85512-13 | 1994-07-28

D E C I S I O N

MENDOZA, J p:

In cases 1 previously decided by it, this Court held that P.D. No. 772 applies only to squatting in urban communities. The question in these cases is whether in a prosecution for violation of P.D. No. 772, it is necessary to allege that the land, subject of squatting, is found in an urban community. For reasons to be hereafter explained, we hold that such allegation is unnecessary, the fact that the land is in an urban community not being an essential ingredient of the offense punished under the law. Consequently, the absence of allegation to that effect does not render the information vulnerable to a motion...