Digest: City of Manila v.

Chinese Community of Manila

(GR 14355, 31 October 1919)
City of Manila v. Chinese Community of Manila
GR 14355, 31 October 1919 (40 Phil
First Division, Johnson (p): 4 concurring.
Facts: On the 11th day of December, 1916, the city of Manila presented a
petition in the Court of First Instance of said city, praying that certain lands,
therein particularly described, be expropriated for the purpose of constructing a
public improvement, specifically for the purpose of extending Rizal Avenue. The
Chinese Community opposed the said expropriation, contending that there was
no necessity of taking, that it already had public character and that it would it
would disturb the resting places of the dead.
The trial court decided that there was no necessity for the expropriation of the
strip of land and absolved each and all of the defendants from all liability under
the complaint, without any finding as to costs. From the judgment, the City of
Manila appealed.
Issue: Whether the Chinese cemetery may be validly expropriated by the City of
Manila
Held: The exercise of the right of eminent domain, whether directly by the State,
or by its authorized agents, is necessarily in derogation of private rights, and the
rule in that case is that the authority must be strictly construed. No species of
property is held by individuals with greater tenacity, and none is guarded by the
constitution and laws more sedulously, than the right to the freehold of
inhabitants. When the legislature interferes with that right, and, for greater public
purposes, appropriates the land of an individual without his consent, the plain
meaning of the law should not be enlarged by doubtly interpretation.
The right of expropriation is not an inherent power in a municipal corporation, and
before it can exercise the right some law must exist conferring the power upon it.
When the courts come to determine the question, they must not only find (a) that
a law or authority exists for the exercise of the right of eminent domain, but
(b) also that the right or authority is being exercised in accordance with the
law. In the present case there are two conditions imposed upon the authority
conceded to the City of Manila: First, the land must be private; and, second, the
purpose must be public. If the court, upon trial, finds that neither of these
conditions exists or that either one of them fails, certainly it cannot be contended
that the right is being exercised in accordance with law. It is a well known fact
that cemeteries may be public or private. The former is a cemetery used by the
general community, or neighborhood, or church, while only a family, or a small
portion of the community or neighborhood uses the latter. Where a cemetery is

open to the public, it is a public use and no part of the ground can be taken for
other public uses under a general authority. And this immunity extends to the
unimproved and unoccupied parts, which are held in good faith for future use. 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. If that is true, then, of course, 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. But, whether or not the cemetery is public or private
property, its appropriation for the uses of a public street, especially during the
lifetime of those specially interested in its maintenance as a cemetery, should be
a question of great concern, and its appropriation should not be made for such
purposes until it is fully established that the greatest necessity exists therefor. In
this case there is no necessity of taking since there are other ways by which
Rizal Avenue may be expanded to ease the traffic situation.
The Supreme Court held that there is no proof of the necessity of opening the
street through the cemetery from the record. But that adjoining and adjacent
lands have been offered to the city free of charge, which answers every purpose
of the City. The Supreme Court, thus, affirmed the judgment of the lower court,
with costs against the appellant.

CITY OF MANILA VS. CHINESE

COMMUNITY [40 Phil 349; No.
14355; 31 Oct 1919]
Facts:

The City of Manila, plaintiff herein, prayed for

the expropriation of a portion private cemetery for the
conversion into an extension of Rizal Avenue. Plaintiff
claims that it is necessary that such public
improvement be made in the said portion of the
private cemetery and that the said lands are within
their
jurisdiction.

Defendants
herein
answered
that
the
said
expropriation was not necessary because other routes
were available. They further claimed that the
expropriation of the cemetery would create irreparable
loss and injury to them and to all those persons owing
and interested in the graves and monuments that
would
have
to
be
destroyed.
The lower court ruled that the said public improvement
was not necessary on the particular-strip of land in
question. Plaintiff herein assailed that they have the
right to exercise the power of eminent domain and
that the courts have no right to inquire and determine
the necessity of the expropriation. Thus, the same
filed
an
appeal.

Issue:

Whether or not the courts may inquire into,

and hear proof of the necessity of the expropriation.

Held:

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.