Issuance of Writ of Possession

Petitioner has the irrefutable right to exercise its power of eminent domain.
It being a local
government unit, the basis for its exercise is granted under Section 19 of Rep. Act No. 7160, to
wit:
Sec. 19. Eminent Domain. - A local government unit may, through its chief executive and
acting pursuant to an ordinance, exercise the power of eminent domain for public use,
or purpose, or welfare for the benefit of the poor and the landless, upon payment of just
compensation, pursuant to the provisions of the Constitution and pertinent laws:
Provided, however, That the power of eminent domain may not be exercised unless a
valid and definite offer has been previously made to the owner, and such offer was not
accepted: Provided, further, That the local government unit may immediately take
possession of the property upon the filing of the expropriation proceedings and upon
making a deposit with the proper court of at least fifteen percent (15%) of the fair
market value of the property based on the current tax declaration of the property to be
expropriated: Provided, finally, That the amount to be paid for the expropriated property
shall be determined by the proper court, based on the fair market value at the time of the
taking of the property.
The requisites for authorizing immediate entry are as follows:
(1) the filing of a complaint for expropriation sufficient in form and substance; and
(2) the deposit of the amount equivalent to fifteen percent (15%) of the fair market value of the
property to be expropriated based on its current tax declaration.31 Upon compliance with these
requirements, the issuance of a writ of possession becomes ministerial.32
In the case at bar, petitioner avers that the Amended Complaint it filed complies with both
requisites, thus entitling it to a writ of possession as a matter of right and the issuance thereof
becoming ministerial on the part of the lower court even without any hearing. On the other hand,
private respondents allege that the Amended Complaint is not sufficient in form and substance
since it failed to allege compliance with the mandatory requirements for the exercise of the
power of eminent domain for purposes of socialized housing.
Section 1 of Rule 67 of the Revised Rules of Civil Procedure reads:
Section 1. The complaint. The right of eminent domain shall be exercised by the filing
of a verified complaint which shall state with certainty the right and purpose of
expropriation, describe the real or personal property sought to be expropriated, and join
as defendants all persons owning or claiming to own, or occupying, any part hereof or
interest therein, showing, so far as practicable, the separate interest of each defendant.
If the title to any property sought to be expropriated appears to be in the Republic of the
Philippines, although occupied by private individuals, or if the title is otherwise obscure
or doubtful so that the plaintiff cannot with accuracy or certainty specify who are the real
owners, averment to that effect shall be made in the complaint.
xxx
In City of Manila v. Serrano,36 this Court ruled that "hearing is still to be held to determine
whether or not petitioner indeed complied with the requirements provided in Rep. Act No. 7279.
x x x The determination of this question must await the hearing on the complaint for
expropriation, particularly the hearing for the condemnation of the properties sought to be
expropriated." From the foregoing, it is clear that an evidentiary hearing must be conducted if
compliance with the requirements for socialized housing has been made. This hearing,
however, is not a hearing to determine if a writ of possession is to be issued, but whether there
was compliance with the requirements for socialized housing.
For a writ of possession to issue, only two requirements are required:
1)the sufficiency in form and substance of the complaint and
2)the required provisional deposit.
In fact, no hearing is required for the issuance of a writ of possession. The sufficiency in
form and substance of the complaint for expropriation can be determined by the mere
examination of the allegations of the complaint. In this case, the sufficiency of the Amended
Complaint was further confirmed by public respondent when he set the case for pre-trial and
hearing.

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Petitioner has the irrefutable right to exercise its power of eminent domain.

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