CONSTITUTIONAL LAW II

TOPIC: POWER OF EMINENT DOMAIN (The general power to exercise

the right of eminent domain and the right to exercise eminent domain)

CITY OF MANILA vs. CHINESE COMMUNITY OF MANILA

[G.R. No. 14355, 31 October 1919]

Jonhson, J:

Facts:

The City of Manila filed a petition before the Court of First Instance in
the said city for expropriation of a certain portion of the Chinese Cemetery
for the purpose of constructing a road for public improvement. The
defendant, Chinese Community of Manila filed an answer to the petition
stating that the said parcel of land is owned by a corporation, organized and
existing by virtue of the laws of the Philippines Islands. The defendant also
stated to their answers that there are other routes available which would
satisfy the plaintiff’s purposes without disturbing the resting places of the
dead considering that the land eyed by the City of Manila for the
construction of road is a cemetery where great numbers of Chinese were
buried. Moreover, the defendants averred that the plaintiff has no right or
authority to expropriate said cemetery or any portion of it for street purposes
and that the expropriation is not necessary as a public improvement.

The judge ruled that there was no necessity for the expropriation of
the particular strip of land in questioned, and absolved each and all of the
defendants from all liability under the complaint.

The plaintiff assailed the judgment and claimed that under the law, the
City of Manila has the authority to expropriate any land it may desire and that
the court are mere appraisers of the land involved in expropriation
proceedings.

ISSUE:

Whether or not, the City of Manila can validly expropriate the Chinese
Cemetery?

RULING:

No. The City of Manila cannot expropriate the Chinese Cemetery.

The cemetery in question has been established under governmental authority
and has been use as public cemetery.
 According to the Court, it is alleged, and not denied, that the cemetery
in question may be used by the general community of Chinese, which fact, in
the general acceptation of the definition of a public cemetery, would make
the cemetery in question public property. Thus, the petition of the plaintiff
must be denied, for the reason that the city of Manila has no authority or
right under the law to expropriate public property.
The City of Manila as delegated by the legislative with the power of
eminent domain shall only expropriate properties which are privately owned
with reasonable necessity, for public welfare, and with just compensation.