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CITY OF MANILA VS. CHINESE COMMUNITY (40 Phil 349 No. 14355 31 Oct 1919)

The City of Manila sought to expropriate a portion of a private cemetery to extend Rizal Avenue. The defendants argued this was unnecessary as other routes were available and would cause irreparable loss. The lower court found the public improvement was not necessary on that particular strip of land. The City of Manila appealed, arguing it had the right to exercise eminent domain and courts could not determine necessity. The Supreme Court held that while the legislature grants the power of eminent domain, courts can inquire whether an entity is properly exercising that right for the designated purposes and under the conditions imposed.

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15 views

CITY OF MANILA VS. CHINESE COMMUNITY (40 Phil 349 No. 14355 31 Oct 1919)

The City of Manila sought to expropriate a portion of a private cemetery to extend Rizal Avenue. The defendants argued this was unnecessary as other routes were available and would cause irreparable loss. The lower court found the public improvement was not necessary on that particular strip of land. The City of Manila appealed, arguing it had the right to exercise eminent domain and courts could not determine necessity. The Supreme Court held that while the legislature grants the power of eminent domain, courts can inquire whether an entity is properly exercising that right for the designated purposes and under the conditions imposed.

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© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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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


Section 9. Private property shall not be taken for public use without just attempts to exercise the authority conferred, it must comply with the
compensation. conditions accompanying the authority. The necessity for conferring the
authority upon a municipal corporation to exercise the right of eminent
CITY OF MANILA VS. CHINESE COMMUNITY [40 Phil 349; No. 14355; 31 Oct
domain is admittedly within the power of the legislature. But whether or not
1919]
the municipal corporation or entity is exercising the right in a particular case
Facts: The City of Manila, plaintiff herein, prayed for the expropriation of a under the conditions imposed by the general authority, is a question that the
portion private cemetery for the conversion into an extension of Rizal Avenue. courts have the right to inquire to.
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

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