City of Manila vs Chinese Community of Manila

City of Manila vs Chinese Community of Manila , GR 14355 (1D), 31 October 1919

FACTS:

Petitioner (City of Manila) filed a petition praying that certain lands be expropriated for the purpose of
constructing a public improvement namely, the extension of Rizal Avenue, Manila and claiming that such
expropriation was necessary.

Herein defendants, on the other hand, alleged that no necessity existed for said expropriation and that
the land in question was a cemetery, which had been used as such for many years, and was covered
with sepulchres and monuments, and that the same should not be converted into a street for public
purposes.

The lower court ruled that there was no necessity for the expropriation of the particular strip of land in
question.

Petitioner therefore assails the decision of the lower court claiming that it (petitioner) has the authority
to expropriate any land it may desire; that the only function of the court in such proceedings is to
ascertain the value of the land in question; that neither the court nor the owners of the land can inquire
into the advisable purpose of the expropriation or ask any questions concerning the necessities therefor;
that the courts are mere appraisers of the land involved in expropriation proceedings, and, when the
value of the land is fixed by the method adopted by the law, to render a judgment in favor of the
defendant for its value.

ISSUE:

Whether or not the courts may inquire into, and hear proof of the necessity of the expropriation.

RULING:

The courts have the power of restricting the exercise of eminent domain to the actual reasonable
necessities of the case and for the purposes designated by the law. The moment the municipal
corporation or entity attempts to exercise the authority conferred, it must comply with the conditions
accompanying the authority. The necessity for conferring the authority upon a municipal corporation to
exercise the right of eminent domain is admittedly within the power of the legislature. But whether or
not the municipal corporation or entity is exercising the right in a particular case under the conditions
imposed by the general authority, is a question that the courts have the right to inquire to.