This case has been cited 2 times or more.
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2005-12-19 |
TINGA, J. |
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| Under Section 2 of Rule 67, the only requisites for authorizing immediate entry (that is, for the issuance of the writ of possession) in expropriation proceedings are: (1) the filing of a complaint for expropriation sufficient in form and substance, and (2) a deposit equivalent to the assessed value for taxation purposes of the property subject to expropriation. Upon compliance with these two requirements, the issuance of a writ of possession becomes ministerial.[96] | |||||
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2001-06-20 |
MENDOZA, J. |
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| Thus, a writ of execution may be issued by a court upon the filing by the government of a complaint for expropriation sufficient in form and substance and upon deposit made by the government of the amount equivalent to the assessed value of the property subject to expropriation. Upon compliance with these requirements, the issuance of the writ of possession becomes ministerial.[22] In this case, these requirements were satisfied and, therefore, it became the ministerial duty of the trial court to issue the writ of possession. | |||||