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Query: Ungrateful people do not deserve mercy—they should
be exterminated from this vale of tears. This came to my mind after
an individual and his family refused to vacate a small house within
my lot after occupying the same without rental for almost forty
years. Initially, the ungrateful individual and her family were
allowed to occupy the edifice within my lot to compensate for the
services of her husband, who took care of mechanical troubles of our
car. However, said individual and her family have continued staying
in our premises even after the death of her husband. Worse, no
rental has ever been paid by her.
Upon the death of my wife, my children decided
to have the edifice occupied by the ungrateful individual demolished
in order to put up a bigger structure where they can stay. I sent a
demand letter to said individual telling her to vacate our premises,
but she remained adamant. Radical moves are being planned to eject
her and family from our premises, but she threatened to institute a
petition for the issuance of a writ of amparo. By the way, what is
this writ of amparo? Can it prevent me from ejecting the ungrateful
individual and her family from my lot which is covered by a torrens
certificate of title? Thanking you in advance for guiding me in my
present problem. Angelo C.
Response
I pity you for your present predicament. That
individual who, according to you, has been staying on your lot for
forty years without paying any rent is really an ungrateful dog. She
deserves no mercy. She can be held civilly, criminally and
administratively liable. Your right to possess and to do anything
relative to your property cannot be aborted. With respect to your
query relative to a writ of amparo, the same cannot prevent you from
ejecting individuals who have enjoyed your generosity by staying on
your lot for forty years without paying any rent. Section 1 of the
Rule on the Writ of Amparo provides that a petition for a 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.” Said writ covers extralegal
killings and enforced disappearances or threats thereof. Your right
to eject the ungrateful individual and family from your property is
not included among the enumeration of rights stated in the
afore-quoted rule.
As declared by the Supreme Court in a recent
decision en banc in Armando Q. Canlas, Miguel D. Capistrano,
Marrietta Pia vs. Napico Homeowners Ass’n. I-XIII Inc., et al. (G.R.
No. 182795, prom: June 5, 2008), which was penned by Justice R.T.
Reyes, the new remedy of writ of amparo is “intended for the
protection of the highest possible rights of any person, which is
his or her right to life, liberty and security.” It is hoped that
this corner will refresh you in your current problem.
___
Above all things, let us reflect on the
following statement of our Lord and Master Jesus Christ: “Truly, I
say to you, it will be hard for a rich man to enter the kingdom of
heaven. Again I tell you, it is easier for a camel to go through the
eye of a needle than for a rich man to enter a kingdom of God.
[Matthew, 19:23-24]”
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