Manila Railroad Company vs Paredes

FACTS:
The plaintiff is a railroad corporation organized under the laws of the Philippine slands
and has the power of eminent domain! n conformity with its charter it constructed and is
now operating a "ranch line from Manila to #umaca$ Province of Taya"as! !t claims that
it too% possession of this strip of land with the consent of the various owners and
occupants claiming title thereto$ and with the understanding that it would pay the owners
of all the lands thus ta%en a price to "e agreed upon thereafter$ or to "e fi&ed in
condemnation proceedings' and that$ not having "een a"le to agree upon a price with
the owners of the land$ it was later compelled to institute proceedings for the
condemnation of the land thus ta%en!
(owever this may "e$ the Railway Company$ on the first day of April$ )*)+$ instituted
e&propriation proceedings loo%ing to the condemnation of all these lands under and "y
virtue of the authority conferred upon it "y is charter and under the laws applica"le to
such proceedings! ,n the fourth day of April$ )*)+$ the (onora"le (er"ert #ale$ the
-udge then presiding in the court wherein these proceedings were pending$ entered an
order granting to the Railroad Company the right of possession of all these lands$ upon
the filing of a deposit in an amount certified "y the provincial treasurer to "e e.ual to the
average assessed value of all these lands$ which$ in the language of the order itself was
the value of the lands$ /here"y provisionally ascertained and fi&ed!/ ,n the eleventh of
April$ )*)+$ the Railroad Company deposited the sum of P0$*1)!12$ the assessed value
of the lands in .uestion as shown "y the certificate of the provincial treasurer! ,n the 3
of April$ )*)+$ 4udge Cui$ then presiding in the court wherein the proceedings were
pending$ issued a formal writ$ directing the sheriff of the court to put the Railroad
Company in possession of all the lands descri"ed in the applications in e&propriation
proceedings filed "y the Railroad Company!
Thereafter$ the land companies to "e the owners and successors in interest of the
original owners of most of the lands in .uestion$ entered their appearance as
defendants in the e&propriation proceedings$ and acting -ointly with the various
claimants whose lands had not "een ac.uired "y them$ procured the appointment of
commissioners for the valuation of these lands! ,n the ninth of 4anuary$ )*)5$ the land
companies and the other claimants to these lands moved the court to increase the
amount of the deposit from P0$*1)!12$ the amount originally fi&ed$ to P)$666$666! ,n
the )0th of Fe"ruary$ )*)5$ the respondent -udge$ then presiding in the court wherein
the proceedings were pending$ after hearing the parties and considering the evidence
su"mitted at the hearing$ and notwithstanding o"-ection duly interposed on the ground
of his lac% of -urisdiction to entertain the motion$ issued an order directing the Railroad
Company to increase its deposit to P)$666$666!chanro"lesvirtualawli"rary chanro"les
virtual law li"rary
t is this order which the applicants now see% to have this court declare null an void in
original certiorari proceedings in this court!
SS78:
9hether the state may prescri"ed a procedure "y virtue of which a railway corporation
may secure the possession of the lands it see%s to condemn$ pending the
condemnation proceedings$ without first paying the owners -ust compensation therefor$
on condition that it deposit with the Treasurer of the Philippine slands the value of the
land$ in money$ provisionally ascertained "y the court without giving the owners of the
land an opportunity to "e heard as to the amount of the prescri"ed deposit!
(8:;:
The Court said that <according to the weight of authority$ if the constitution or statutes do
not e&pressly re.uire it$ actual payment or tender "efore ta%ing is unnecessary$ and it
will "e sufficient if a certain and ade.uate remedy is provided "y which the owner can
o"tain compensation without any unreasona"le delay!=
The right to enter into immediate possession of the property even "efore the final
ascertainment and payment of -ust compensation is given to any plaintiff! The pertinent
Rules of Court provision >Section 2$ Rule ?1@ reads:
<7pon the filing of the complaint or at any time thereafter the plaintiff shall have the right
to ta%e or enter upon the possession of the real or personal property involved if he
deposits with the Aational or Provincial Treasurer its value$ as provisionally and
promptly ascertained and fi&ed "y the court having -urisdiction of the proceedings$ to "e
held "y such treasurer su"-ect to the orders and final disposition of the court!l law li"rary