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 the owne owners rs of the the land land$$ it was was late laterr comp compel elle led d to inst instit itut ute e proc procee eedi ding ngs s for for the the condemnation of the land thus ta%en! (owever this may "e$ the Railway Company$ on the first day of April$ )*)+$ instituted e&propriation proceedings loo%ing to the condemnation of all these lands under and "y virtue of the authority conferred upon it "y is charter and under the laws applica"le to such proceedings! ,n the fourth day of April$ )*)+$ the (onora"le (er"ert #ale$ the -udge then presiding in the court wherein these proceedings proceedings were pending$ pending$ entered an order granting to the Railroad Company the right of possession of all these lands$ upon the filing of a deposit in an amount certified "y the provincial treasurer to "e e.ual to the average assessed value of all these lands$ which$ in the language of the order itself was the value of the lands$ /here"y provisionally ascertained and fi&ed!/ ,n the eleventh of April$ )*)+$ )*)+$ the Railroad Railroad Company Company deposited deposited the sum of of P0$*1)!12$ P0$*1)!12$ the assessed assessed value value of the lands in .uestion as shown "y the certificate of the provincial treasurer! ,n the 3 of April$ )*)+$ 4udge Cui$ then presiding in the court wherein the proceedings were pending$ issued a formal writ$ directing the sheriff of the court to put the Railroad Company in possession of all the lands descri"ed in the applications in e&propriation proceedings filed "y the Railroad Company! Thereafter$ the land companies to "e the owners and successors in interest of the orig origin inal al owne owners rs of most most of the the land lands s in .ues .uesti tion on$$ ente entere red d thei theirr appe appear aran ance ce as defen defenda dants nts in the e&pr e&propr opriat iation ion proc procee eedin dings gs$$ and and actin acting g -oint -ointly ly with with the vario various us claimants whose lands had not "een ac.uired "y them$ procured the appointment of commissioners commissioners for the valuation valuation of these lands! ,n the ninth of 4anuary$ 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
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 ational 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
