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Question
A provincial government water district filed a petition for expropriation under Rule 67 to acquire 1,500 square meters of a private lot for a flood-control project along a river. After giving all required notices and complying with the expropriation procedure, the RTC granted immediate possession of 600 square meters to the agency, conditioned on the agency depositing with the court an amount equal to the estimated just compensation for that portion. The owner objects, contending that the project is not urgent and that the remaining 900 square meters should not be expropriated until the case for just compensation is eventually tried. (a) Identify the controlling rule on immediate possession of expropriated land under RA 10752. (b) Distinguish the remedy of immediate possession under RA 10752 from the ordinary expropriation procedure under Rule 67. (c) Apply the rule to the facts: Was the RTC’s grant of immediate possession proper? What remedies does the property owner have to challenge or protect his rights?