REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, VS. FAR EAST ENTERPRISES, INC., ARSOL MANAGEMENT CORPORATION,* MARIA CHRISTINA C. BERNASCONI, JORGE C. BERNASCONI, RENE C. BERNASCONI, REGINA B. TUASON, CHRISTIAN C. BERNASCONI, MARTIN C. BERNASCONI, JAIME C. BE

Ruling

WHEREFORE, foregoing premises considered, the order of April 26, 2002 is reconsidered and set aside. Plaintiff is ordered to make the additional deposit of P425.00 per square meter for the properties of the movants before the order to possess and writ of possession issue. Respondents Far East and the Bernasconis filed a Joint Motion for Compliance dated 21 June 2002 asking the trial court to order petitioner to comply with the Resolution dated 17 June 2002 by depositing the additional amount of P425.00 per square meter. [30] In its Manifestation and Urgent Motion for Issuance of Writ of Possession dated 10 July 2002, petitioner informed the trial court that it would elevate the Order requiring it to deposit the additional P425.00 per square meter to a higher court. It also said that in the interest of expediting the implementation of the project the completion of which was of utmost urgency, it had already made in protest a deposit of the additional amount of P425.00 per square meter as specified in the trial court's Resolution dated 17 June 2002. As proof thereof, it said it attached the Certificate as to Availability of Funds wherein the total amount of P6,225,825.00 (P953,275.00 in favor of the Bernasconis and P5,272,550.00 in favor of Far East) had been allotted for the purpose. Thus, it prayed that a writ of possession be immediately issued. [31] The trial court found that petitioner did not attach the Certificate as to Availability of Funds in its Manifestation and Urgent Motion dated 10 July 2002. Thus, in its Order dated 23 July 2002, the trial court ordered petitioner to submit said certification within ten days from receipt of its Order. [32] In their Joint Comment on and Opposition to petitioner's manifestation and motion dated 26 July 2002, Far East and the Bernasconis prayed that the writ of possession be issued to petitioner only after payment of the balance of the zonal values of their properties had been made. [33] Petitioner filed its Compliance dated 12 August 2002 with the Order dated 23 July 2002 attaching therewith the Certificate as to Availability of Funds in the amount of P6,225,825.00. It also apologized for its failure to attach said certificate in its Manifestation and Urgent Motion dated 10 July 2002. In an Order dated 20 August 2002, the trial court ordered petitioner to pay the amounts of P953,775.00 and P5,272,550.00 to the Bernasconis and Far East, respectively, or to deposit said amounts in court for payment to respondents within ten days from receipt, after which a writ of possession shall be issued. [34] On 28 August 2002, petitioner filed a Petition for Certiorari with the Court of Appeals seeking the reversal of the trial court's Resolution dated 17 June 2002 requiring it to make the additional deposit of P425.00 per square meter. It further asked the appellate court to require the trial court to conduct an ocular inspection of the expropriated properties to determine their actual use and to allow it to presen