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SMI Development Corp. vs. Republic of the Philippines

SMI DEVELOPMENT CORPORATION, petitioner, vs. REPUBLIC OF THE PHILIPPINES represented by the DEPARTMENT OF HEALTH through the NATIONAL CHILDREN'S HOSPITAL, respondent.

G.R. No. 137537 | 2000-01-28

Republic of the Philippines
SUPREME COURT
Manila
 
THIRD DIVISION
 
PANGANIBAN, J.:
 
In an eminent domain proceeding, a motion to dismiss filed under Rule 67 prior to the 1997 amendments partakes of the nature of an answer. Hence, its allegations of facts must be proven. On the other hand, under the 1997 Rules, upon the government's deposit of an amount equivalent to the assessed value of the property, a writ of possession shall be issued by the trial court without need of any hearing as to the amount to be deposited.
 
The Case
 
Before us is a Petition for Review on Certiorari under Rule 45 of the Rules...