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Arce vs. Genato

PEDRO ARCE and CARMEN BARRICA DE ARCE, petitioners, vs. HONORABLE MELECIO A. GENATO, Presiding Judge, Branch I, Court of First Instance of Misamis Occidental, and the MUNICIPALITY OF BALIANGAO, PROVINCE OF MISAMIS OCCIDENTAL, respondents.

G.R. No. L-40587 | 1976-02-27

D E C I S I O N

FERNANDO, J:

The sole issue in this petition for certiorari is whether the order of respondent Judge in an expropriation case allowing the other respondent, the Municipality of Baliangao of Misamis Occidental, to take immediate possession of the parcel of land sought to be condemned for the beautification of its public plaza, without a prior hearing to determine the necessity for the exercise of the power of eminent domain, is vitiated by jurisdictional defect, for at the very least, so petitioners would allege, it amounted to a grave abuse of discretion. It is not disputed that in issuing such order, respondent Judge...