DIOSDADO LAGCAO, DOROTEO LAGCAO and

URSULA LAGCAO, Petitioners

vs.
JUDGE GENEROSA G. LABRA and CITY OF CEBU, Respondents
G.R. No. 155746, October 13, 2004

Facts:
Squatters had occupied the property acquired by the Lagcaos from the City of Cebu by virtue
of a deed of sale. While the demolition order was suspended, the Sangguniang Panlungsod
(SP) of Cebu City passed ordinances identifying the subject lot as a socialized housing site
and initiating its expropriation which was assailed by petitioners for being unconstitutional
since the purpose of selling it to the squatters is contrary to the concept of "public use".

Issue:
WON the ordinance is unconstitutional.

Ruling:

Yes, the ordinance is unconstitutional. Under the Local Government Code of 1991,
local legislative power shall be exercised by the SP of the city but such power is not absolute.
Government may not capriciously or arbitrarily choose which private property should be
expropriated. The ordinance stated no reason for the choice of petitioners' property.
Condemnation of private lands in an irrational or piecemeal fashion or the random
expropriation of small lots to accommodate no more than a few squatters is certainly not for
public use. This is depriving a citizen of his property for the convenience of a few without
perceptible benefit to the public.