G.R. No. L-34915 - City Government of Quezon City vs. Ericta

In 1964, the Quezon City Council enacted Ordinance No. 6118, S-64, regulating private memorial‐type cemeteries within Quezon City.
Section 9 of the ordinance required 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.”

For seven years after enactment, Section 9 was not enforced. In 1971, the City Council passed a resolution directing the City Engineer to stop the sale of lots by any memorial park operator who had not donated the required 6% space.
The City Engineer notified Himlayang Pilipino, Inc. of enforcement. In response, Himlayang Pilipino, Inc. filed Special Proceeding No. Q-16002 in the Court of First Instance of Rizal, Branch XVIII, seeking declaratory relief, prohibition, and mandamus with a preliminary injunction to annul Section 9 on grounds of unconstitutionality and conflict with the Quezon City Charter, the Local Autonomy Act, and the Revised Administrative Code.

Both parties agreed there were no factual disputes and submitted the case for judgment on the pleadings.
The trial court declared Section 9 null and void as an unconstitutional exercise of police power tantamount to confiscation without compensation. A motion for reconsideration was denied.
The City Government and City Council of Quezon City then filed a petition for review before the Supreme Court.

Whether the mandatory donation of six percent of private cemetery land for pauper burials is a valid exercise of Quezon City’s police power under its charter (R.A. 537, Sec. 12, subsec. 00).
Whether the ordinance may be sustained under the City’s authority to regulate burial grounds (R.A. 537, Sec. 12, subsec. t) or under the general welfare clause.

Whether Section 9 effects an unconstitutional taking of private property without due process and without just compensation.