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Question XIV

2009 Bar · Remedial Law · 1 sub-question

XIV. The Republic of the Philippines, through the Department of Public Works and Highways (DPWH) filed with the RTC a complaint for the expropriation of the parcel of land owned by Jovito. The land is to be used as an extension of the national highway. Attached to the complaint is a bank certificate showing that there is, on deposit with the Land Bank of the Philippines, an amount equivalent to the assessed value of the property. Then DPWH filed a motion for the issuance of a writ of possession. Jovito filed a motion to dismiss the complaint on the ground that there are other properties which would better serve the purpose. Will Jovito's motion to dismiss prosper? Explain. (3%) As judge, will you grant the writ of possession prayed for by DPWH? Explain. (3%)

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