Professional Documents
Culture Documents
16 - City of Manila vs. Chinese Community of Manila.
16 - City of Manila vs. Chinese Community of Manila.
350
3. ID.; ID.·But when the law does not designate the property
to be taken, nor how much may be taken, then the necessity
of taking private property is a question for the courts.
16. ID.; ID.; ID.; ID.; ID.·When the power to take land already
applied to one public use and devote it to another is granted
to municipal or private corporations in express words, no
question can arise.
17. ID.; ID.; ID.; ID.; ID.·Land already devoted to a public use
cannot be taken by the public for another use which is
inconsistent with the first without special authority from
the Legislature or authority granted by necessary and
reasonable implication.
18. ID.; ID.; ID.; ID.; ID.·Land applied to one use should not
be taken for another except in cases of necessity.
352
20. ID.; ID.; ID.; ID.; ID.; ID.; ID.; PUBLIC CEMETERY.·A
public cemetery is one used by the general community, or
neighborhood, or church.
21. ID.; ID.; ID.; ID.; ID.; ID.; ID.; PRIVATE CEMETERY.·A
private cemetery is one used only by a family, or a small
portion of a community.
22. ID.; ID.; ID.; ID.; ID.; ID.; ID.; CHINESE CEMETERY,
CITY OF MANILA.·The Chinese Cemetery in the city of
Manila is a public cemetery.
23. ID. ; ID. ; ID.; ID. ; ID. ; ID. ; ID. ; ID.·Cemeteries, while
still devoted to pious uses, are sacred, and it cannot be
supposed that the Legislature has intended that they
should be violated in the absence of special provisions on
the subject authorizing such invasion.
24. ID.; ID.; ID.; ID.; ID.; ID.; ID.; ID.·Held: That since the city
of Manila is only permitted to condemn private property for
public use and since the Chinese Cemetery in the city of
Manila is a public cemetery already devoted to a public use,
the city of Manila cannot condemn a portion of the cemetery
for a public street.
JOHNSON, J.:
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
____________