Sunday, February 26, 2012

Manosca vs. CA

Facts: Petitioners inherited a piece of land located at P. Burgos Street, Calzada, Taguig. Metro Manila (492 square meters.) When the parcel of land was ascertained by the NHI to have been the birthsite of Felix Y. Manalo, the founder of Iglesia Ni Cristo, it passed Resolution declaring the land to be a national historical landmark. Which was approved. 

So on on 29 May 1989, the Republic, through the Office of the Solicitor-General, instituted a complaint for expropriation3 before the Regional Trial Court of Pasig. 

Petitioners moved to dismiss the complaint on the main thesis that the intended expropriation was not for a public purpose and, incidentally, that the act would constitute an application of public funds, directly or indirectly, for the use, benefit, or support of Iglesia ni Cristo, a religious entity. 

Hence this petition. 

Issue: Whether or not the expropriation of the said parcel of land is for the purpose of public use

Held: Petition is DENIED.  

The practical reality that greater benefit may be derived by members of the Iglesia ni Cristo than by most others could well be true but such a peculiar advantage still remains to be merely incidental and secondary in nature. Indeed, that only a few would actually benefit from the expropriation of property does not necessarily diminish the essence and character of public use.

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