PLJ volume 37 number 1 -01- Deogracias Eufemio

uy a portion of land (6,000 sq. m.) belonging to La Orden de PP.
Benedictinos, a domestic religious corporation that owns the San
Beda College, a private educational institution. Having failed to
reach an agreement with the owner, the Government instituted expropriation
proceedings. The religious corporation filed a motion
to dismiss on the grounds that the property sought to be expropriated
is already dedicated to public use, and that there is no necessity
for the proposed expropriation. Without receiving evidence upon the
questions of fact arising from the complaint, the motion to dismiss
and the opposition filed thereto, the trial court issued the appealed
order dismissing the case, upon the ground that such expropriation
was not of extreme necessity.
The Supreme Court set aside the order of dismissal and remanded
the case to the trial court for further proceedings. The
Court re-emphasizedthat "the courts have the power to inquire into
the legality of the exercise of the right of eminent domain and to
determine whether or not there is a genuine necessity therefor."
According to the Court: "whether or not the proposed opening of
Azcarraga extension is a necessity in order to relieve the daily congestion
of traffic on Legarda St. is a question Of fact dependent not
only upon the facts of which the trial court very liberally took judicial
notice but also upon other factors that do not appear of record
and must, therefore, be established by means of evidence." Hence,
the parties should have been given an opportunity to present their
respective evidence upon these factors and others that might be of
direct or indirect help in determining the vital question of fact involved
herein.
B. Expropriation .01 lands to ·be subdivided int() small lots.
Consecrated in our Constitution is the principle that "the promotion
of social justice to insure the well-being and economic security
of all the people should be the concern of the State." 121 In
line with this beneficient principle, the Constitution expressly provides
that "Congress of the Philippines may authorize, upon payment
of just compensation, the expropriation of lands to be subdivided
into small lots and conveyed at cost to individuals." 128
1. Under Com.Act No. 539. 129
Com. Act No. 539 provides:
"SECTION 1. The President of the Philippines is authorized to acquire
private lands or any iJll1:erestherein, through purchase or expropriation,
U'I PHIL. CONST. Art. II. sec. 6.
"" PHIL. CONST. Art. XIII. sec. 4.
••• Approved. May 26. 1940.