Facts:

Petition for review seeks for the reversal of the decision of the CFI if Rizal declaring section 9 of
ordinance 6118, s-64 of the quezon city null and void
For several years such ordinance was not enforced but seven years after, qc passed a resolution
enforcing such ordinance
Respondent himlayang Pilipino filed with the cfi of rizal at quezon city a petition for declaratory
relief, prohibition and mandamus with preliminary injunction seeking to annul the said
ordinance
Mr was filed by city government
Petitioners argue that the ordinance is a valid taking and a valid exercise of police power since
said land will be intended for paupers
Himlayang Pilipino contends that the taking of the property is obvious because it permanently
restricts the use of property and deprives the owner of beneficial use and further avers that if an
owner is deprived of his property under police power, the property is not taken generally for
public use but is urgently and summarily destroyed to promote general welfare

Issue

Whether there is a valid exercise of police power

Held:

The power to regulate does not include the power to prohibit. The ordinance in question does
not only confiscate but also prohibits as taken from sec13 which penalizes thse who will violate
such ordinance
There is no reasonable relation between the setting aside of at least 6 percent of the total area
of all private cemeteries for charity burial grounds and deceased paupers. 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 public facilities for
such purpose, the city passes the burden to private cemeteries
The expropriation without compensation of a portion of private cemeteries is not covered by
sec12t, ra 537 the revised charter of quezon city. What the local government in bp 337 provides
is a burial place of the dead in such a manner prescribed by law or ordinance, meaning to
authorize the city to provide its own city owned land or to buy or expropriate properties to
construct public cemeteries
Expropriation requires just compensation. The questioned ordinance is different from laws and
regulations requiring subdivisions to allot land for playgrounds, streets and parks.
Petitioners rely solely on the general welfare clause and implied powers of the municipal
corporation and not on some express provision of law as statutory basis of their exercise of
power