City Government of Quezon vs.

Judge Erict
GR No. L-34915
June 24, 1983
Facts:
An ordinance was promulgated in Quezon city which approved the the regulation ofestablishment
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 ordinace 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 maintaing a 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.