City of Manila vs.

Chinese Cemetery of Manila, 40 Phil 349 (1919)

FACTS:
City of Manila filed a petition to expropriate lands for the construction of public
improvements which includes portion of lands from the Chinese Cemetery owned by the
Chinese Community of Manila – an organization for the benefit and general welfare of
the Chinese Community. However, the Chinese Community of Manila contends that the
proposed expropriation of the City of Manila was not necessary and that for the purpose
of construction of street, other lands are available at much less expense and without
disturbing the resting places of the dead. Aside from insisting that there exists no
necessity for the alleged improvements, they further contend that the street in question
should not be opened through the cemetery and that the said cemetery is
a public property. The Court of First Instance held that there was no necessity for the
expropriation of the particular strip of land in question. The City of Manila appealed that
under the law, it has authority to expropriate any land it may desire and that the only
function of the court in such proceedings is to ascertain the value of the land in
question. They contend that the necessity for the expropriation is a legislative and not a
judicial question.
ISSUE:
WON the Court has jurisdiction to question the City of Manila’s exercise of right of
expropriation?
HELD:
The SC held that the Court has to question the City of Manila’s exercise of right of
expropriation. 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 question the right, 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. 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 which the courts have the right to inquire
into.