Escolar Documentos
Profissional Documentos
Cultura Documentos
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*
EN BANC.
153
153
of their titles because the lands covered by the Amended JVA are
newly reclaimed or still to be reclaimed. Judicial confirmation of
imperfect title requires open, continuous, exclusive and notorious
occupation of agricultural lands of the public domain for at least
thirty years since June 12, 1945 or earlier. Besides, the deadline for
filing applications for judicial confirmation of imperfect title expired
on December 31, 1987.
154
154
judicial intervention.
Same; Same; Same; Same; Same; The principle of exhaustion of
administrative remedies does not apply when the issue involved is a
purely legal or constitutional question.Moreover, and this alone is
determinative of this issue, the principle of exhaustion of
administrative remedies does not apply when the issue, involved is
a purely legal or constitutional question. The principal issue in the
instant case is the capacity of AMARI to acquire lands held by PEA
in view of the constitutional ban prohibiting the alienation of lands
of the public domain to private corporations. We rule that the
principle of exhaustion of administrative remedies does not apply in
the instant case.
155
155
156
157
158
159
units and entities from the maximum area of public lands that
could be acquired from the State. These government units and
entities should not just turn around and sell these lands to private
parties in violation of constitutional or statutory limitations.
Otherwise, the transfer of lands for non-agricultural purposes to
government units and entities could be used to circumvent
constitutional limitations on ownership of alienable or disposable
lands of the public domain. In the same manner, such transfers
could also be used to evade the statutory prohibition in CA No. 141
on the sale of government reclaimed and marshy lands of the public
domain to private parties. Section 60 of CA No. 141 constitutes by
operation of law a lien on these lands.
Same; Same; Same; Same; In order for PEA to sell its reclaimed
foreshore and submerged alienable lands of the public domain, there
must be legislative authority empowering PEA to sell these lands,
though any legis160
160
161
162
163
164
165
166
1995. The
167
167
168
169
will simply turn around, as PEA has now done under the Amended
JVA, and transfer several hundreds of hectares of these reclaimed
and still to be reclaimed lands to a single private corporation in only
one transaction. This scheme will effectively nullify the
constitutional ban in Section 3, Article XII of the 1987 Constitution
which was intended to diffuse equitably the ownership of alienable
lands of the public domain among Filipinos, now numbering over 80
million strong.
Same; Same; Same; Same; Same; Whether the Amended JVA is
a sale or a joint venture, the fact remains that the Amended JVA
required PEA to cause the issuance and delivery of the certificates of
title conveying AMARIs Land Share in the name of AMARI, a
stipulation contravening Section 3, Article XII of the 1987
Constitutionthe transfer of title and ownership to AMARI clearly
means that AMARI will hold the reclaimed lands other than by
lease, and the transfer of title and ownership is a disposition of the
reclaimed lands, a transaction considered a sale or alienation under
CA No. 141, the Government Auditing Code, and Section 3, Article
XII of the 1987 Constitution.AMARI makes a parting shot that
the Amended JVA is not a sale to AMARI of the Freedom Islands or
of the lands to be reclaimed from submerged areas of Manila Bay. In
the words of AMARI, the Amended JVA is not a sale but a joint
venture with a stipulation for reimbursement of the original cost
incurred by PEA for the earlier reclamation and construction works
performed by the CDCP under its 1973 contract with the Republic.
Whether the Amended JVA is a sale or a joint venture, the fact
remains that the Amended JVA requires PEA to cause the issuance
and delivery of the certificates of title conveying AMARIs Land
Share in the name of AMARI. This stipulation still contravenes
Section 3, Article XII of the 1987 Constitution which provides
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170
that private corporations shall not hold such alienable lands of the
public domain except by lease. The transfer of title and ownership
to AMARI clearly means that AMARI will hold the reclaimed
lands other than by lease. The transfer of title and ownership is a
disposition of the reclaimed lands, a transaction considered a sale
or alienation under CA No. 141, the Government Auditing Code,
and Section 3, Article XII of the 1987 Constitution.
171
172
172
173
Corporate Counsel, citing COA Audit Circular No. 89-296, advised PEA
that PEA could negotiate the sale of the 157.84-hectare Freedom Islands
in view of the failure of the public bidding held on December 10, 1991
where there was not a single bidder. See also Senate Committee Report
Ibid.
Section 1, Rule 129 of the Rules of Court which provides, A court shall
take judicial notice, without the introduction of evidence, of x x x the
official acts of the legislature x x x.
8
174
10
Renato Cayetano.
10
Virgilio C. Abejo.
11
175
16
follows:
I. WHETHER THE PRINCIPAL RELIEFS PRAYED FOR IN
THE PETITION ARE MOOT AND ACADEMIC BECAUSE
OF SUBSEQUENT EVENTS;
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13
AMARI filed three motions for extension of time to file comment (Rollo,
pp. 32, 38, 48), while PEA filed nine motions for extension of time (Rollo, pp.
127, 139).
14
15
Represented by Azcuna Yorac Arroyo & Chua Law Offices, and Romulo
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176
177
SCRA 624 (1975 ); Aquino v. Enrile, 59 SCRA 183 (1974); Dela Camara v.
Enage, 41 SCRA 1 (1971).
178
178
19
PD No. 1073.
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179
180
23
24
provided as follows: Laws shall take effect after fifteen days following
the completion of their publication in the Official Gazette, unless it is
provided otherwise, x x x.
25
181
places in the locality where the property is to be sold. In the event that
the public auction fails, the property may be sold at a private sale at such
price as may be fixed by the same committee or body concerned and
approved by the Commission.
27
Judge Gumban, 193 SCRA 520 (1991); Valmonte v. Belmonte, Jr., 170
SCRA 256 (1989).
182
182
decisions of this Court which have set aside the procedural matter
of locus standi, when the subject of the case involved public
interest.
xxx
In Taada v. Tuvera, the Court asserted that when the issue
concerns a public right and the object of mandamus is to obtain the
enforcement of a public duty, the people are regarded as the real
parties in interest; and because it is sufficient that petitioner is a
citizen and as such is interested in the execution of the laws, he
need not show that he has any legal or special interest in the result
of the action. In the aforesaid case,
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28
183
183
184
Public office is a public trust. Public officers and employees must at all
times
be
accountable
to
the
people,
serve
them
with
utmost
185
PEA asserts, citing Chavez v. PCGG, that in cases of ongoing negotiations the right to information is limited to
32
186
187
187
188
Ibid.
35
36
37
38
189
Manglapuz, G.R. No. 84642, En Banc Resolution dated April 13, 1988;
Chavez v. PCGG, see note 22.
41
190
acquired full sovereignty over the Indies, and all lands, territories, and
possessions not heretofore ceded away by our royal predecessors, or by
us, or in our name, still pertaining to the royal crown and patrimony, it is
our will that all lands which are held without proper and true deeds of
191
follows:
Article 5. Lands reclaimed from the sea in consequence of works
constructed by the State, or by the provinces, pueblos or private
persons,
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and of his predecessors-in-interest, since time immemorial, is actually a
species of a grant by the State. The United States Supreme Court, speaking
through Justice Oliver Wendell Holmes, Jr., declared in Cario: Prescription is
mentioned again in the royal cedula of October 15, 1754, cited in 3 Philippine,
546; Where such possessors shall not be able to produce title deeds, it shall be
sufficient if they shall show that ancient possession, as a valid title by
prescription. It may be that this means possession from before 1700; but, at all
events, the principle is admitted. As prescription, even against the Crown
lands, was recognized by the laws of Spain, we see no sufficient reason for
hesitating to admit that it was recognized in the Philippines in regard to lands
over which Spain had only a paper sovereignty. See also Republic v. Lee, 197
SCRA 13 (1991).
44
192
192
193
of Lands, 93 Phil. 134 (1953); Laurel v. Garcia, 187 SCRA 797 (1990). See
concurring opinion of Justice Reynato S. Puno in Republic Real Estate
Corporation v. Court of Appeals, 299 SCRA 199 (1998).
194
194
Act No. 926, enacted on October 7, 1903, was also titled the Public
Land
Act.
This
Act,
however,
did
not
cover
reclaimed
lands.
195
Sec. 55. Any tract of land of the public domain which, being neither
timber nor mineral land, shall be classified as suitable for
residential purposes or for commercial, industrial, or other
productive purposes other than agricultural purposes, and shall be
open to disposition or concession, shall be disposed of under the
provisions of this chapter, and not otherwise.
Sec. 56. The lands disposable under this title shall be classified
as follows:
(a) Lands reclaimed by the Government by dredging, filling, or
other means;
(b) Foreshore;
(c) Marshy lands or lands covered with water bordering upon
the shores or banks of navigable lakes or rivers;
(d) Lands not included in any of the foregoing classes, x x x.
Sec. 58. The lands comprised in classes (a), (b), and (c) of section
fifty-six shall be disposed of to private parties by lease only and not
otherwise, as soon as the Governor-General, upon recommendation
by the Secretary of Agriculture and Natural Resources, shall declare
that the same are not necessary for the public service and are open to
disposition under this chapter. The lands included in class (d) may
be disposed of by sale or lease under the provisions of this Act.
(Emphasis supplied)
domain for agricultural purposes, while Title III of the same Act
governed alienable lands of the public domain for non-agricultural
purposes.
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196
197
198
199
shall apply to the lands of the public domain; but timber and mineral
lands shall be governed by special laws and nothing in this Act provided
shall be understood or construed to change or modify the administration
and disposition of the lands commonly called friar lands and those
which, being privately owned, have reverted to or become the property of
the Commonwealth of the Philippines, which administration and
disposition shall be governed by the laws at present in force or which
may hereafter be enacted.
52
Like Act No. 2874, Section 10 of CA No, 141 defined the terms
200
201
55
202
202
203
204
provides that liens, claims or rights arising or existing under the laws
and the Constitution of the Philippines which are not by law required to
appear of record in the Registry of Deeds in order to be valid against
RA No. 730, which took effect on June 18, 1952 authorized the
private sale of home lots to actual occupants of public lands not needed
for public service. Section 1 of RA No. 730 provided as follows:
Notwithstanding
the
provisions
of
Sections
61
and
67
of
205
206
207
208
62
Ibid.
63
209
210
211
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64
212
213
meters
AMARIs Land share based on the Land Allocation Plan. PEA, when
requested in writing by AMARI, shall then cause the issuance and
delivery of the proper certificates of title covering AMARIs Land
Share in the name of AMARI, x x x; provided, that if more than
seventy percent (70%) of the titled area at any given time pertains
to AMARI, PEA shall deliver to AMARI only seventy percent (70%)
of the titles pertaining to AMARI, until such time when a
corresponding proportionate area of additional land pertaining to
PEA has been titled. (Emphasis supplied)
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65
66
214
215
PEA, as owner, may validly convey the same to any qualified person
without violating the Constitution or any statute.
The constitutional provision prohibiting private corporations
70
from holding public land, except by lease (Sec. 3, Art. XVII, 1987
Constitution), does not apply to reclaimed lands whose ownership
has passed on to PEA by statutory grant.
Ibid., p. 44.
68
69
70
216
72
Emphasis supplied.
73
74
dominion, when no longer needed for public use or public service, shall
form part of the patrimonial property of the State.
217
217
218
76
219
220
con221
221
222
223
82
224
Similar Purposes.
84
86
225
226
227
R.A. No. 730 allows the private sale of home lots to actual occupants
228
19, 1991, there is no showing that the Commission on Audit approved the
price or consideration stipulated in the negotiated Amended JVA as
required by Section 79 of the Government Auditing Code. Senate
Committee Report No. 560 did not discuss this issue.
91
229
92
PEA Board Resolution No. 835, as appearing in the Minutes of the PEA
Board of Directors Meeting held on May 30, 1991, per Certification of
Jaime T. De Veyra, Corporate Secretary, dated June 11, 1991.
93
Opinion No. 330, citing COA Audit Circular No. 89-296. See note 5.
94
95
Senate Committee Report No. 560, pp. 7-8, citing the Minutes of
230
231
98
232
232
100
101
233
234
and conveyed unto the Public Estates Authority the aforesaid tracts
of land containing a total area of one million nine hundred fifteen
thousand eight hundred ninety four (1,915,894) square meters; the
technical description of which are hereto attached and made an
integral part hereof. (Emphasis supplied)
235
236
237
237
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105
238
PD No. 1529
Sec. 103. Certificate of Title to Patents.Whenever public land is
by the Government alienated, granted or conveyed to any person,
the same shall be brought forthwith under the operation of this
Decree. (Emphasis pplied)
239
exercising such right for the land so taken. The legal expenses
incident to the memorandum of registration or issuance of a new
certificate of title shall be for the account of the authority taking the
land or interest therein. (Emphasis supplied)
240
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107
of
property
and
other
assets
of
all
government
241
which is 70 percent of the net usable area of 110.49 hectares. The net
242
242
111
contracts are inexistent and void from the beginning: (1) Those whose
cause, object or purpose is contrary to law; x x x; (4) Those whose object
is outside the commerce of men; x x x.
243
243