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classified as alienable or disposable if the law has reserved them for some public or
quasi-public use.
PEAs authority to sell: 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, in view of the requirement under CA No. 141.
Without such legislative authority, PEA could not sell but only lease its reclaimed
foreshore and submerged alienable lands of the public domain. PEAs Charter grants
it such express legislative authority to sell its lands, whether patrimonial or
alienable lands of the public domain. Nevertheless, any legislative authority
granted to PEA to sell its reclaimed alienable lands of the public domain would be
subject to the constitutional ban on private corporations from acquiring alienable
lands of the public domain. Hence, such legislative authority could only benefit
private individuals.
Registration of alienable lands of the public domain: Registration of land under Act
No. 496 or PD No. 1529 does not vest in the registrant private or public ownership of
the land. Registration is not a mode of acquiring ownership but is merely evidence
of ownership previously conferred by any of the recognized modes of acquiring
ownership. Registration does not give the registrant a better right than what the
registrant had prior to the registration. The registration of lands of the public
domain under the Torrens system, by itself, cannot convert public lands into private
lands. Jurisprudence holding that upon the grant of the patent or issuance of the
certificate of title the alienable land of the public domain automatically becomes
private land cannot apply to government units and entities like PEA.
Lands registered under Act No. 496 or PD No. 1529 are not exclusively private or
patrimonial lands. Lands of the public domain may also be registered pursuant to
existing laws. Several laws authorize lands of the public domain to be registered
under the Torrens System or Act No. 496, now PD No. 1529, without losing their
character as public lands. For instance,
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Private lands taken by the Government for public use under its power of
eminent domain become unquestionably part of the public
domain. Nevertheless, Section 85 of PD No. 1529 authorizes the Register
of Deeds to issue in the name of the National Government new certificates
of title covering such expropriated lands.