Practice question
A special court demolition order is properly issued under Rule39. The affected occupants are stipulated qualified under Section28, but the executing team says the order necessarily removes every consultation and identification safeguard. Which distinction controls?
- A valid order does not by itself dispense with applicable statutory execution safeguards
- Every court order automatically repeals Section28
- Only private demolition needs safeguards
- Identification matters only after injury
- Consultation is forbidden once a judge acts
Legal references
- Rules of Court Rule39 relevant sections: https://lawphil.net/courts/rules/rc_1-71_civil.html Section10(d).
- RA7279 Section28 safeguards for covered underprivileged and homeless citizens: https://lawphil.net/statutes/repacts/ra1992/ra_7279_1992.html
- Altarejos v Bautista GR247009 February26,2024 MAIN limited demolition authority: https://lawphil.net/judjuris/juri2024/feb2024/gr_247009_2024.html
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