Issuance of Writ of Possession in Relation to Service of Summons in Expropriation Cases

December 21, 2022

OCA CIRCULAR NO. 354-2022

 

Several OCA Circulars have been issued relative to Expropriation cases and the guidelines to be observed, in addition to the Memoranda with stern reminders to faithfully observe these guidelines, among others, recently sent to concerned courts. Despite these, delay in various stages of the proceedings subsists, including in the acceptance of provisional deposits, and in the issuance and implementation of the writs of possession.

In this regard, once again, RTCs with pending Expropriation cases are firmly reminded to follow the guidelines laid down in OCA Circular Nos. 113-2019, 1 42-2022, 2 and 68-2022. 3 Particular emphasis is placed on: a) the ministerial acceptance of the deposit of the implementing agency in right-of-way cases pursuant to R.A. No. 10752, without need of a court order; 4 and, b) the immediate and ministerial issuance of the writ of possession within seven (7) working days upon posting of the required provisional deposit equivalent to the sums under items (a) (1) to (a) (3) of Section 6 of R.A. No. 10752 and Section 7 of its IRR, without prior hearing and/or court order. 5

Similarly, it is highlighted, as it was in the said Circulars which cited relevant jurisprudence, that, since "expropriation proceeding is in the nature of one that is quasi in rem x x x," 6 "jurisdiction over the person of the defendant is not a prerequisite to confer jurisdiction on the court, provided that the latter has jurisdiction over the res." 7 Consequently, and in relation to the afore-cited OCA Circulars, service of summons may be dispensed with for this purpose and the court shall promptly issue the writ of possession ex parte. 8 Should there be disagreement as to just compensation, it shall be resolved within sixty (60) days from the filing of the expropriation case. 9

To be clear, for purposes of issuance of the writ of possession pursuant to the above OCA Circulars, and in relation to service of summons, while diligent efforts must still be exerted to effect the latter, it suffices that the plaintiff:

1) submits to the court a document/proof that it sent to the defendant a notice to take possession of the property; and

2) posts the provisional deposit in the proper amount with the court.

For strict compliance.

(SGD.) RAUL B. VILLANUEVACourt Administrator

Footnotes

1. 16 July 2019, CLARIFICATION ON EXPROPRIATION CASES, ACQUISITION OF RIGHT-OF-WAY, ISSUANCE OF WRITS OF POSSESSION, AND ENTITLEMENT TO INTEREST PURSUANT TO REPUBLIC ACT NO. 10752.

2. 28 February 2022, CLARIFICATION ON THE COVERAGE OF OCA CIRCULAR NO. 113-2019 DATED 16 JULY 2019 ON EXPROPRIATION CASES, ACQUISITION OF RIGHT-OF-WAY, ISSUANCE OF WRITS OF POSSESSION, AND ENTITLEMENT TO INTEREST PURSUANT TO REPUBLIC ACT NO. 10752.

3. 25 March 2022, EXPEDITIOUS RESOLUTION OF EXPROPRIATION CASES AND OTHER RELATED PROCESSES.

4. OCA Circular No. 113-2019, ibid.

5. OCA Circular No. 42-2022, ibid.

6. Ramos v. Philippine Tourism Authority, G.R. Nos. 52449-50, 9 June 1980.

7. Alba v. Court of Appeals, G.R. No. 164041, 29 July 2005.

8. Section 7 (a) of the IRR of R.A. No. 10752.

9. Section 6 of R.A. No. 10752; Section 7 (f) of its IRR.