B.

) The Plaintiff-Respondent’s argument in this issue is

intimately connected with the preceding argument.
Defendant-Petitioner vigorously assails that there is no bar
to the availability of the privileges and benefits conferred
to bona fide lessee whenever there is an unlawful detainer
action. It is however true. But this is subject to
circumstances that may qualify a lessee to the privileges
and benefits under Section 6 of P.D. No. 1516 such as the
right of first refusal. Unfortunately, the land possessed by
the Defendant-Petitioner does not fall under the ambit of
Section 6 of P.D. No. 1517. Therefore, the Defendant-
Petitioner has no cause of action in this issue.

C.) The third issue questions the coverage of the APD

prescribed by the proclamation, whether or not it refers to
the list of streets subject to the Zonal Development or to
the areas included in the delineation of the metes and
bounds indicated.

Reiteration is therefore necessary to lay emphasis on the

decision of the Court of Appeals that in the List of Areas
for Priority Development (APD’s), labeled as the South
Sector of Pasay City, the area for priority development
was defined as Tramo Lines along Barangays San Isidro,
San Roque, and Santa Clara. It was thereafter specifically
enumerated the list of covered sub-areas (please refer to
Annex “C” for diagram) which are the following: 1) F.
Victor, 2) Ventanilla Street, c) Juan Luna Street, d) D.
Jorge Street, e) Viscarra Street, f) Conchita Street, g)
Dolores Street, h) Leonardo Street, i) Alvarez Street, j)
Basilio Street, k) Rodriguez Street, and i) Villa Barbara.
“There is consequently no gainsaying the fact that with its
Binibini Street location, the property in litigation is not
included among the sites identified as Areas for Priority
Development in Pasay City.”The mere fact that the list
does not include Binibini Street necessarily implies that it
is deemed excluded from it.

Citing Solanada Enterprises v. Court of Appeals, it made a

profound analysis of Section 6 of P.D. 1517 (as found in
Annex “A” of this Memorandum) based on statutory
construction:

“We agree. A close reading of Proclamation No. 1967

reveals that, before a preemptive right can be exercised,
the disputed land should be situated in an area declared to
be both an APD and a ULRZ.
An urban tenant's right of first refusal is set forth in Section
6, PD 1517, as follows:
Sec. 6. Land Tenancy in Urban Land Reform Areas.
Within the Urban Zones[,] legitimate tenants who have
resided on the land for ten years or more [,] who have built
their homes on the land[,] and residents who have legally
occupied the lands by contract, continuously for the last
ten years shall not be dispossessed of the land and shall
be allowed the right of first refusal to purchase the same
within a reasonable time and at reasonable prices, under
terms and conditions to be determined by the Urban Zone
Expropriation and Land Management Committee created
by Section 8 of this Decree.
Proclamation No. 1967 further delimited the areas or
zones wherein this preemptive right could be availed of
viz.:
WHEREAS, Proclamation No. 1893 was issued on 11
September 1979, pursuant to Section 4 of P.D. No. 1517,
declaring the entire Metropolitan Manila area as Urban
Land Reform Zone.
WHEREAS, It is now necessary and appropriate to identify
specific sites covered by urban land reform in Metropolitan
Manila for purposes of making specific the applicability of
P.D. Nos. 1517, 1640 and 1642 and of LOI No. 935.
NOW, THEREFORE, I, FERDINAND E. MARCOS,
President of the Philippines, by virtue of the powers vested
in me by the Constitution and existing laws, and in relation
to Proclamation No. 1893 declaring the entire Metropolitan
Manila area as an Urban Land Reform Zone, and LOI 935,
hereby amend Proclamation No. 1893 by declaring 244
sites in Metropolitan Manila as Areas for Priority
Development and Urban Land Reform Zones as described
in the attached annex.
“The provisions of P.D. Nos. 1517, 1640 and 1642 and of
LOI No. 935 shall apply only to the above[-]mentioned
Areas of Priority Development and Urban Land Reform
Zones.