CHAVEZ V. PEA
NHA
The JVA between Public Estate Authority & Amri is invalid because:
1. PEA entered JVA w/ AMARI obligating himself to convey title &
possession over 750 hectares of land, 592.15 hec. Or 78% of
the total are w/c are still submerged and permanently under
the waters of manila bay.
2. The SC said that submerged lands, like the waters are part of
the state’s inalienable natural resource. Submerged lands are
property of PD, absolutely inalienable and outside the
commerce of man. This is also true with respect to foreshore
lands. Unless reclaimed by the government and classified
as agricultural lands of public domain Any sale of
submerged or foreshore lands is void being contrary to the
constitution.
3. However, since then and until now the only way that the
government can sell to private parties the reclaimed land of
public domain is for the legislature to pass a law authorizing
such sale.
4. In this case, the reclaimed lands being sold or leased by PEA
are not private lands of the government.
5.
CHAVEZ V.
The sale is valid, because;
1. The NHA Is A Gov’t agency NOT tasked to dispose of public
lands under its charter but rather under Revise administrative
code of 1987 NHA is an “end-user agency” authorized by law
to administer and dispose of reclaimed lands.
2. The moment titles over reclaimed transferred to NHA based
on the special patents by the register of deeds , they are
automatically converted into patrimonial property of the state
w/c can be sold to Filipino citizens and private corporations, 60
% by the Filipino citizens
3. Foreshore and submerged lands may be disposed, alienated or
sold provided that ; (1) there is an act declaring that is alienable
and disposable (2) and it has been declared to be not
necessary for public use.
4. Hence, Since the 79 hectares reclaimed lands has been
declared alienable and disposable land of the public domain
and in the hands of NHA it has BEEN reclassify as patrimonial
property.
foreshore and submerged lands may be disposed, alienated
or sold provided that ; (1) there is an act declaring that is
alienable and disposable (2) and it has been declared to be not
necessary for public use.
How to transferred reclaimed land;
1. Declare alienable and disposable
2. President issue special patent in favor of the NHA (
Miscellaneous, special patent, homestead patent , emancipation
patent) .
3. Apply certificate of title in favor of NHA in the strength of the
patent.