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Question 6

2024 Bar · Remedial Law · 1 sub-question

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.

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