CITY OF MANILA VS. CHINESE COMMUNITY
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.