Chavez v. Public Estates Authority and AMARI Coastal Bay
Carpio, J. · July 9, 2002 (Resolution May 6, 2003) · Constitutional Law — Regalian Doctrine & National Patrimony (Art. XII, Secs. 2-3)
Submerged lands of the public domain are inalienable; reclaimed lands can only be leased, never transferred in ownership, to private corporations.
PEA cannot sell submerged or reclaimed public domain lands to a private corporation like AMARI. Private corporations are constitutionally disqualified under Sec. 3, Art. XII from acquiring alienable lands of the public domain, even after reclamation, except by lease.
Facts
- 1On February 4, 1977, President Marcos issued PD 1084 creating the Public Estates Authority (PEA) and PD 1085 transferring to PEA the lands reclaimed in the foreshore and offshore of Manila Bay under the Manila-Cavite Coastal Road and Reclamation Project.
- 2On April 25, 1995, PEA entered into a Joint Venture Agreement (JVA) with AMARI, a private corporation, through negotiation and without public bidding, to develop the Freedom Islands and reclaim an additional 250 hectares of submerged areas around them.
- 3On April 27, 1998, petitioner Frank I. Chavez, as a taxpayer, filed a petition for mandamus directly with the Supreme Court, seeking disclosure of the renegotiated terms and asserting that the sale of public lands to AMARI violated Section 3, Article XII of the 1987 Constitution.
- 4While the case was pending, PEA and AMARI signed an Amended JVA on March 30, 1999, covering a 750-hectare reclamation area and transferring to AMARI title to 367.5 hectares of reclaimed lands and still-submerged areas.
How it got here. Original Petition for Mandamus with Prayer for Temporary Restraining Order before the Supreme Court En Banc. The Court granted the petition, declared the Amended JVA null and void ab initio, and permanently enjoined its implementation. The motions for reconsideration were denied with finality in the Resolution of May 6, 2003.
Issues
- 11. Does petitioner Frank Chavez possess locus standi as citizen and taxpayer to challenge the JVA?
- 22. Are submerged lands of Manila Bay alienable and disposable lands of the public domain?
- 33. May the State, through PEA, transfer ownership of reclaimed public lands to a private corporation like AMARI?
Ruling
The Amended JVA is NULL and VOID ab initio for violating Sections 2 and 3, Article XII of the 1987 Constitution.
Submerged lands are property of public dominion and strictly inalienable. Foreshore and submerged areas become alienable only after they are reclaimed, classified as alienable or disposable lands open to disposition, and declared no longer needed for public service. Even after reclamation, Section 3, Article XII of the 1987 Constitution explicitly forbids private corporations from acquiring alienable lands of the public domain; they can only hold such lands by LEASE not exceeding 25 years renewable for another 25 years. Reclaimed lands transferred to PEA remain public lands so long as they are in PEA's hands, and transferring them to a private corporation in fee simple circumvents the constitutional ban.
Key lines
“There can be no dispute that these submerged areas form part of the public domain, and in their present state are inalienable and outside the commerce of man.”
“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.”
Separate opinions
Concurring and dissenting (May 6, 2003 Resolution): concurred on the right to information on government contract negotiations, but dissented from nullifying the Amended JVA ab initio, arguing that the reclaimed Freedom Islands were lands of the private domain. No Justice dissented from the July 9, 2002 Decision itself.
Separate opinion (May 6, 2003 Resolution): voted to give the 2002 Decision prospective application only, because AMARI had relied in good faith on long-standing Department of Justice opinions allowing reclaimers to be paid with reclaimed land.
Dissented from the May 6, 2003 Resolution (as did Sandoval-Gutierrez and Corona, JJ.), voting to grant reconsideration and deny the petition: a historical analysis of the laws on reclaimed lands showed they had been treated by law as alienable, and the sweeping invalidation of the Amended JVA gave scant consideration to the nearly P9.9 billion AMARI had already spent.