LEGAL FRAMEWORKS - OCA CIRCULARS. PHILS.

Issuances for ROW by the OCA

1. Legal frameworks OFFICE OF THE COURT ADMINISTRATOR CIRCULAR

2. OCA CIRCULAR NO. 113-2019 Proper payee of checks for purposes of issuance of writ of possession; Mandatory issuance of writ of possession upon deposit of the checks; Entitlement to interest earned by the amount deposited to the court.

3. Proper payee of checks for purposes of issuance of writ of possession The clerk of court is the authorized government depository of the court – to receive the deposit and remit the same to the designated depository bank. It is the court which issues the check, payable to the owner of the property upon issuance of an Order of Expropriation in accordance with the last paragraph of Section 6, R.A. No.10752

4. FOR MULTIPLE-SALA COURTS “Office of the Clerk of Court, Regional Trial Court, (Area)” FOR SINGLE-SALA COURTS “Regional Trial Court, (Area)” PAYEE:

5. Mandatory issuance of writ of possession upon deposit of checks Court orders are not necessary before the clerk of court can accept the deposit of the implementing agency. They must accept the deposit of the implementing agency (100% of the value of the land based on the current relevant zonal valuation of the BIR issued not more than 3 years prior to the filing of expropriation) upon filing of the complaint and after due notice to the defendant.

6. Mandatory issuance of writ of possession upon deposit of checks Pursuant to RA 10752, Regional Trial Courts are required to issue the writ of possession within 7 working days upon the receipt of the implementing agency’s deposit to the court. The implementing agency’s counsel can demand from the court after 7 days of non-compliance.

7. Entitlement to interest earned by the amount deposited to the court Nature of Civil Fruits (Art. 442 of the New Civil Code) ownership thereof should be due to the owner of the principal. Jus Fruendi : Right to receive fruits (civil, natural, or industrial) of the things under his ownership. Therefore, interest earned in the deposited amount accrue to the account of the owner of the expropriated property.

8. OCA CIRCULAR NO. 15-2023 This is in connection to OCA Circular Nos. 113-2019, 42-2022, 68-2022 Determination of the Replacement Cost at current market value of improvements and structures Determination of the current market value of crops and trees

9. Besides determination of the implementing agency, appraisal shall also be made by a (1) government financial institution, (2) an independent property appraiser/professional association of appraisers accredited/recognized by the BSP. The following appraisers are given 30 working days to submit their respective appraisals. If no appraisal is submitted within the prescribed period, the submission shall be deemed waived and the replacement cost should be based on the implementing agency’s submitted appraisal. Determination of the Replacement cost at current market value of improvements and structures

10. Determination of the Replacement cost at current market value of improvements and structures W/N the property owner contest the proposed cost or value of the implementing agency, the court shall then determine the just compensation to be paid to the owner over his entire expropriated property within 60 calendar days from the issuance of writ of possession. When the court decision becomes final & executory the implementing agency shall pay the owner the difference between the amount already paid and the just compensation, if there is any.

11. OCA CIRCULAR 42-2002 In accordance with the Section 3 of the Implementing Rules and Regulations of R.A. 10752 “National Government Projects - …refers to all national government infrastructure projects xxx These projects shall include, but not be limited to the following: xxx (5) Power generation, transmission and distribution facilities;”

12. Power generation, transmission and distribution facilities The ff. points are reiterated with elucidation, to wit: It is the ministerial duty of the clerk of court to accept the deposit of the amount equivalent to the sum under items (a)(1) to (a)(3) of Section 6 of R.A. 10752 , without prior hearing and/or court order. Considering that transmission projects are essential & must be expediently completed, in the absence of the said updated zonal valuation; Section 7 IRR of R.A. 10752 if there’s no existing zonal valuation of the area concerned or the zonal valuation has been in force for more than 3 years. The implementing agency shall base on the BIR zonal valuation of similar lands within the adjacent vicinity.

13. Power generation, transmission and distribution facilities In in rem actions such as expropriation, court jurisdiction over the thing is essential. Service of summons may be dispensed for this purpose, and the court shall promptly issue writ of possession for one party. Any disagreement to just compensation shall be resolved within 60 days from the filing of expropriation case. As the immediate & ministerial issuance of a writ of possession is concerned, the court may accept a provisional deposit and later determine the final amount of just compensation.

14. Oca circular 68-2022 Municipality of Cordova v. Pathfinder Development Corporation “no hearing is actually required for the issuance of a writ of possession, which demands only 2 requirements: (a) the sufficiency in form and substance of the complaint; and, (b) the required provisional deposit xxxx Upon compliance with these requirements, the petitioner in an expropriation case is entitled to a writ of possession as a matter of right and the issuance of the writ becomes ministerial. Thus, all concerned are likewise REMINDED that writs of possession, being issued ministerially in expropriation cases, as well as all related writs such as writs of demolition and other processes, should be acted upon with dispatch.”