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Case title:       

                       

G.R. No. L-34915 June 24, 1983

CITY GOVERNMENT OF QUEZON CITY and CITY COUNCIL OF QUEZON CITY, petitioners, 
vs.
HON. JUDGE VICENTE G. ERICTA as Judge of the Court of First Instance of Rizal, Quezon City, Branch XVIII; HIMLAYANG PILIPINO, INC., respondents.

Facts:

      Quezon City enacted an ordinance entitled “Ordinance Regulating the Establishment, Maintenance and Operation of Private Memorial Type Cemetery or Burial Ground within the Jurisdiction of Quezon City and Providing Penalties for the Violation thereof”. Section 9 of the ordinance basically provides that at least six (6) percent of the total area of the memorial park cemetery shall be set aside for charity burial of deceased persons who are paupers and have been residents of Quezon City for at least 5 years prior to their death, to be determined by competent City Authorities. Quezon City justified the ordinance as an exercise of police power and that the land is taken for a public use as it is intended for the burial ground of paupers.

Issue/s:

Whether or not Section 9 of the ordinance in question is a valid exercise of the police power.

Ruling:

No. The Supreme Court held the law as an invalid exercise of police power. There is no reasonable relation between the setting aside of at least six (6) percent of the total area of an private cemeteries for charity burial grounds of deceased paupers and the promotion of health, morals, good order, safety, or the general welfare of the people. 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 a public cemetery for this purpose, the city passes the burden to private cemeteries.