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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

A city government undertakes a road-widening project and files a petition for expropriation under Rule 67 and RA 8974, Sec. 4 to condemn Lot 3, owned by the Santos family. After service on the owner, notice and publication are effected, and the court appoints three commissioners to determine just compensation. The city deposits provisional just compensation with the court in the amount of PHP 3,000,000. The commissioners report a just-compensation value of PHP 6,000,000. The court renders judgment fixing just compensation at PHP 6,000,000. The city now asserts it has funds only for PHP 4,000,000 and refuses to pay the balance. The owner seeks a writ of possession. (a) Identify the stages of expropriation evidenced in this scenario and state the governing rule at each stage. (b) What is the effect of the deficient deposit on the proceedings and the owner’s rights? (c) May the city obtain a writ of possession before full payment of just compensation? Explain the remedy available to both the owner and the city to resolve the deficiency.

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Stages evidenced: (i) Filing; (ii) Notice; (iii) Payment; (iv) Writ of possession; (v) Deposit; (vi) Court judgment. Stages evidenced: (i) Petition; (ii) Service; (iii) Publication; (iv) Writ of possession issued prematurely; (v) Deposit of provisional compensation; (vi) Court judgment. Stages evidenced: (i) Filing of the expropriation petition under Rule 67; (ii) Service on the owner together with notice and publication; (iii) Appointment of three commissioners to determine just compensation; (iv) Deposit with the court of provisional just compensation (RA 8974, Sec. 4); (v) Report of the commissioners fixing just compensation and the court’s judgment; (vi) Payment of the just compensation; (vii) Enforcement, including writ of possession if warranted by the judgment. Stages evidenced: (i) Filing of the petition; (ii) Publication; (iii) Appointment of commissioners; (iv) Deposit of provisional compensation; (v) Court issues final decree; (vi) Writ of possession.

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