Home›Bar Review›2024›Remedial Law›Question 6
Question 6
6. The Department of Public Works and Highways (DPWH) launched an
infrastructure project that will connect the major highways in the country.
Trevor’s real property situated in Bacoor, Cavite will be affected by the
implementation of the project. The DPWH, through the Office of the
Solicitor General, then initiated expropriation proceedings with motion
for the urgent issuance of a writ of possession. The DPWH attached a
manager’s check equivalent to 100% of the zonal valuation of Trevor’s
property and indicated the Office of the Clerk of Court, Regional Trial
Court (RTC) of Bacoor, Cavite as payee. The DPWH furnished Trevor
with copies of the complaint, motion, and manager’s check. The motion
was not set for hearing. Thereafter, the RTC issued the writ of possession.
Trevor questioned the propriety of the issuance of the writ of possession
because he was not afforded due process in determining the valuation of
his real property. Was the writ of possession validly issued in the
expropriation case even without a hearing? Explain.
Model answer · ALAC
Answer — Legal basis — Application — Conclusion.
AI-drafted in ALAC form and AI-verified against landmark authorities — refined with every round of verification.