City Government of Quezon vs.

Judge Ericta
GR No. L-34915 June 24, 1983

Facts:
An ordinance was promulgated in Quezon city which approved the the regulation of
establishment of private cemeteries in the said city. According to the ordinance, 6% of
the total area of the private memorial park shall be set aside for charity burial of
deceased persons who are paupers and have been residents of QC. Himlayang
Pilipino, a private memorial park, contends that the taking or confiscation of property
restricts the use of property such that it cannot be used for any reasonable purpose and
deprives the owner of all beneficial use of his property. It also contends that the taking is
not a valid exercise of police power, since the properties taken in the exercise of police
power are destroyed and not for the benefit of the public.

Issue:
Whether or not the ordinance made by Quezon City is a valid taking of private property

Ruling:
No, the ordinance made by Quezon City is not a valid way of taking private property.
The ordinance is actually a taking without compensation of a certain area from a private
cemetery to benefit paupers who are charges of the municipal corporation; instead of
building or maintaining public cemeteries. State's exercise of the power of expropriation
requires payment of just compensation. Passing the ordinance without benefiting the
owner of the property with just compensation or due process, would amount to unjust
taking of a real property. Since the property that is needed to be taken will be used for
the public's benefit, then the power of the state to expropriate will come forward and not
the police power of the state.