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Robern Development Corporation vs .Judge Quitain et al.

ROBERN DEVELOPMENT CORPORATION, petitioner, vs. JUDGE JESUS V. QUITAIN, Regional Trial Court of Davao City, Br. 15; and NATIONAL POWER CORPORATION, respondents.

G.R. No. 135042 | 1999-09-23

D E C I S I O N
 
PANGANIBAN, J.:
 
Expropriation proceedings are governed by revised Rule 67 of the 1997 Rules of Civil Procedure which took effect on July 1, 1997. Previous doctrines inconsistent with this Rule are deemed reversed or modified. Specifically, (1) an answer, not a motion to dismiss, is the responsive pleading to a complaint in eminent domain; (2) the trial court may issue a writ of possession once the plaintiff deposits an amount equivalent to the assessed value of the property, pursuant to Section 2 of said Rule, without need of a hearing to determine the provisional sum to be deposited; and (3) a final order of...