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The Law On Natural By: Prof. Benjamin A. Cabrido Jr. USJ-R College of Law The Law On Natural Resources

The Law on Natural Resources

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  • The Law On Natural

    Resources

    By: Prof. Benjamin A. Cabrido Jr.

    USJ-R College of Law

    The Law On Natural

    Resources

  • MEANING OF NATURAL RESOURCES &

    LAWS COVERED

    Refer to the material

    objects of economic value

    and utility to man produced

    by nature.

    They constitute the

    patrimony of the nation

    Public Land Act (C.A. No. 141)

    The Phil. Mining Act of 1995 (R.A. 7942)

    The Petroleum Act of 1949 (R.A. 387)

    The Coal Land Act and P.D. 972

    Revised Forestry Code (P.D. 389 & 705)

    The Water Code of the Phil (P.D. 1067)

    Fisheries Code of 1998 (R.A. 8550)

    IPRA (R.A. 8371)

  • MANILA PRINCE HOTEL v. GSIS & MANILA

    HOTEL, ET. AL [GR No. 122156, Feb. 3 1997]

    When the Constitution speaks of national patrimony, it refers not only to the natural resources of the Philippines, as the Constitution could have very well used the term natural resources, but also to the cultural heritage of the Filipinos

  • DOCTRINE OF

    CONSTITUTIONAL SUPREMACY

    If a law or contract violates

    any norm of the

    constitution that law or

    contract whether

    promulgated by the

    legislative or by the

    executive branch or

    entered into by private

    persons for private

    purposes is null and void

    and without any force and

    effect.

    Since the Constitution

    is the fundamental,

    paramount and

    supreme law of the

    nation, it is deemed

    written in every

    statute and contract.

  • Justice (now CJ) Puno dissenting:

    2nd par. of section 10,

    Article XII of the

    Constitution is pro-Pilipino

    but not anti-alien;

    It is pro-Filipino for it gives

    preference to Filipinos

    It is not, however, anti-alien per se for it does not absolutely bar aliens in the grant of rights, privileges and concessions covering the national economy and patrimony.

    In the absence of qualified Filipinos, the State is not prohibited from granting these rights, privileges and concessions to foreigners if the act will promote the weal of the nation.

  • CONCEPT OF JURA REGALIA

    It is the universal feudal theory that all lands were held from

    the Crown. (Carino v. Insular Govt, 41 Phil. 935)

    It is the foundation of the 1st sentence of Sec. 2, Art. XII, 1987

    Constitution.

    As adopted in the Republican system, the medieval concept of

    jura regalia has been stripped of its regalian overtones. (Lee

    Hong Kok v. David, 48 SCRA 372)

  • CONSTITUTIONAL PROVISIONS ON JURA

    REGALIA

    1st Sentence, Sec. 2, Art. XII,

    1987 Constitution: ALL LANDS

    OF THE PUBLIC DOMAIN,

    WATERS, MINERALS, COAL,

    PETROLEUM AND OTHER

    MINERAL OIL, ALL FORCES OF

    POTENTIAL ENERGY, FISHERIES,

    FORESTS OR TIMBER, WILDLIFE,

    FLORA AND FAUNA, AND OTHER

    NATURAL RESOURCES ARE

    OWNED BY THE STATE.

    2nd Sentence, Sec. 2, Art.

    XII: WITH THE EXCEPTION OF

    AGRICULTURAL LANDS, ALL

    OTHER NATURAL RESOURCES

    SHALL NOT BE ALIENATED

    3rd Sentence (Ibid): THE

    EXPLORATION,

    DEVELOPMENT, AND

    UTILIZATION OF NATURAL

    RESOURCES SHALL BE UNDER

    THE FULL CONTROL AND

    SUPERVISION OF THE STATE.

  • 4th Sentence (Ibid): THE STATE MAY DIRECTLY UNDERTAKE SUCH ACTIVITIES, OR IT MAY ENTER INTO CO-PRODUCTION, JOINT VENTURE, OR PRODUCTION-SHARING AGREEMENTS WITH FILIPINO CITIZENS, OR CORPORATIONS OR ASSOCIATIONS AT LEAST 60% OF WHOSE CAPITAL IS OWNE BY SUCH CITIZENS.

    5th Sentence (Ibid): SUCH

    AGREEMENTS MAY BE FOR

    PERIOD NOT EXCEEDING

    TWENTY-FIVE YEARS,

    RENEWABLE FOR NOT MORE

    THAN TWENTY-FIVE YEARS,

    AND UNDER SUCH TERMS AND

    CONDITIONS AS MAY BE

    PROVIDED BY LAW.

    6th Sentence (Ibid): IN CASE OF WATER RIGHTS FOR

    IRRIGATION, WATER SUPPLY, FISHERIES, OR INDUSTRIAL

    USES OTHER THAN THE DEVELOPMENT OF WATER POWER,

    BENEFICIAL USE MAY BE THE MEASURE AND LIMIT OF THE

    GRANT

  • 2nd Par. (Ibid): THE STATE

    SHALL PROTECT THE NATIONS MARINE WEALTH IN ITS

    ARCHIPELAGIC WATERS,

    TERRITORIAL SEA, AND

    EXCLUSIVE ECONOMIC ZONE,

    AND RESERVE ITS USE AND

    ENJOYMENT EXCLUSIVE TO

    FILIPINO CITIZENS.

    3rd Par. (Ibid): THE CONGRESS

    MAY, BY LAW, ALLOW SMALL-

    SCALE UTILIZATION OF

    NATURAL RESOURCES BY

    FILIPINO CITIZENS, AS WELL AS

    COOPERATIVE FISH FARMING,

    WITH PRIORITY TO

    SUBSISTENCE FISHERMEN AND

    FISHWORKERS IN RIVERS,

    LAKES, BAYS, AND LAGOONS

    4th Par. (Ibid): THE PRESIDENT MAY ENTER INTO

    AGREEMENTS WITH FOREIGN-OWNED CORPORATIONS

    INVOLVING EITHER TECHNICAL OR FINANCIAL ASSISTANCE

    FOR LARGE-SCALE EXPLORATION, DEVELOPMENT, AND

    UTILIZATION OF MINERALS, PETROLEUM, AND OTHER

    MINERAL OILS . . .

  • ACCORDING TO THE GENERAL

    TERMS AND CONDITIONS

    PROVIDED BY LAW, BASED ON

    REAL CONTRIBUTIONS TO THE

    ECONOMIC GROWTH AND

    GENERAL WELFARE OF THE

    COUNTRY. IN SUCH

    AGREEMENTS, THE STATE

    SHALL PROMOTE THE

    DEVELOPMENT, AND USE OF

    LOCAL SCIENTIFIC AND

    TECHNICAL RESOURCES

    Last par. (Ibid): THE

    PRESIDENT SHALL NOTIFY THE

    CONGRESS OF EVERY

    CONTRACT ENTERED INTO IN

    ACCORDANCE WITH THIS

    PROVISION, WITHIN THRITY

    DAYS FROM ITS EXECUTION.

  • JURE IMPERII vis--vis JURE GESTIONIS

    See U.S. v. Ruiz, 136 SCRA 487

    In public law, Imperium is the government authority possessed by the State which is expressed

    in the concept of sovereignty; Dominium is the capacity of the State to own or acquire property.

  • PRESUMPTION OF STATE OWNERSHIP

    OVER PUBLIC LANDS

    Oh Cho v. Dir. Of Lands, 75 Phil 890: All lands that

    were not acquired from the government either by

    purchase or grant, belong to the public domain.

    Exception: possession since time immemorial.

  • NATURE OF POSSESSION BY THE NATIVES (Cruz v.

    Secretary, GR 135385, Dec. 6, 2000)

    Ancestral domain and

    ancestral lands are not part

    of lands of the public

    domain.

    The right of natives does

    not include natural

    resources.

    What is given is priority

    rights, not exclusive right.

    State not precluded from

    entering into agreements

    with private entities.

    All embracing concept

    which refers to lands,

    inland waters, coastal

    areas, and natural

    resources therein.

    Includes:

    Ancestral lands,

    Forests land,

    Pasture land,

    Residential lands

    Agricultural lands, and

  • Other lands individually owned whether alienable or not;

    Hunting grounds;

    Burial Grounds;

    Worship Areas;

    Bodies of water; and

    Other natural resources

    Also includes land which may no longer be exclusively occupied by indigenous cultural communities but to which they had traditionally had access for their subsistence and traditional activities

    ANCESTRAL LAND:

    Narrower in concept;

    Refers to those land held

    under the same conditions of

    ancestral domain

    BUT LIMITED TO LANDS THAT

    ARE NOT MERELY OCCUPIED

    AND POSSESSED BUT ARE ALSO

    UTILIZED BY CULTURAL

    COMMUNITIES UNDER THE

    CLAIM OF INDIVIDUAL OR

    TRADITIONAL GROUP

    OWNERSHIP.

    Includes [but not limited to]:

    Residential lots, Rice terraces

    or paddies, private forests,

    farms and tree lots.

  • CONVERSION TO ALP: EXECUTIVE

    PREROGATIVE

    In Republic v. Reg. of Deeds of Q.C., 244 SCRA 537: The

    classification of public lands is, thus, an exclusive prerogative of

    the Executive Department through the Office of the President.

    Courts have no authority to convert lands of public domain into

    alienable and disposable lands.

  • TITLE OVER LAND PART

    OF FOREST IS VOID

    In Sunbeam v. CA, 181 SCRA 443: Before any land may be converted into alienable or disposable land for agricultural or other purposes, there must be positive act from the govt.

    The mere fact that a title was issued by the Dir. Of Lands does not confer owner-ship where it is part of the public forest.

    See also Ituralde v. Falcasantos, G.R. No. 128017, Jan. 20, 1999.

  • CONSTITUTIONAL LIMITS ON JURA

    REGALIA NO. 1

    General Rule: All natural

    resources shall not be

    alienated.

    Exception: Only agricultural

    lands of the public domain

    may be alienated.

    Montano v. Insular Govt, 12

    Phil. 572

    Government lands and

    public lands are not

    synonymous terms.

    GL is more extensive and

    embraces not only PL but

    also other lands of the govt

    already reserved or

    devoted to public use.

    Friar lands not included as

    public lands.

  • Nature of Friar Lands

    (Strong v. Repide, 213 U.S. 419 [1909]) Friar Lands are those lands of certain haciendas which were

    acquired by the U.S. government from religious orders/corporations or organizations acquired on July 5, 1903 at a price of $ 6,043,219.47 in gold.

    Philippine Sugar Estates Development Company, Ltd. owned the title over these lands.

    Dominican lands form more than of Friar Lands.

  • HOW FRIAR LANDS MAY BE DISPOSED OF

    In Alonso v. Cebu Country Club, G.R. 130876, Jan. 31, 2002

    Under Act No. 1120, which governs the administration and

    disposition of friar lands, the purchase by an actual and bona fide

    settler or occupant of any portion of friar land shall be "agreed

    upon between the purchaser and the Director of Lands, subject to

    the approval of the Secretary of Agriculture and Natural Resources

    .

    Approval by the Secretary of Agriculture and Commerce of the sale of friar lands is indispensable for its validity, hence, the absence of

    such approval made the sale null and void ab-initio

    Necessarily, there can be no valid titles issued on the basis of such

    sale or assignment.

  • HOW LANDS OF THE PUBLIC DOMAIN

    CLASSIFIED?

    Agricultural

    Forest or Timber

    Mineral

    National Parks

    No mixed classification.

    In Republic v. CA, 160 SCRA

    228 (1988)

    The rights over the land are

    indivisible

    No such thing as half

    agricultural, half mineral

    Once mining claim is

    perfected, forest land

    ceased to be so; it now

    becomes completely mineral

    land

  • SURFACE OWNER NO RIGHT OVER THE

    MINERALS UNDERNEATH

    No. In the exercise of the States sovereign prerogative, use of the surface land may be

    discontinued once minerals are discovered

    underneath.

    For his loss, the owner is entitled to compensation

    under the Mining Law or in appropriate

    expropriation proceedings.

  • HOW ARE MANGROVE SWAMPS (MANGLARES)

    CLASSIFIED?

    Forest Lands

    In Director of Forestry v.

    Villareal, G.R. 32266, Feb.

    27, 1989: The classification by the

    Administrative Code of the

    Phil. manglares as forest

    lands has not been

    changed

  • RULES ON THE

    DISPOSITION OF ALP

    Private corp./assn. cannot

    acquire ALP

    Private corp. may lease

    maximum 1,000 hectares.

    Qualified individuals can

    acquire 12 has; lease up to

    500 hectares

    Term: 25 years; renewable

    for another 25 years.

    In Lausan Ayog, et al. v.

    Cusi, G.R. 46729, Nov. 19,

    1982:

    To equitably diffuse land

    ownership or to encourage

    "owner-cultivatorship and the economic family- size farm"

    Huge landholdings by

    corporations or private

    persons had sown social

    unrest.

  • Exception: Corporations Validly Owning Public Lands

    Maximum: 1,024 hectares

    (Republic v. Quasha, G.R.

    No. L-30299 Aug. 17, 1972)

    Note: Americans may own

    ALP (same limit) under

    Parity Agreement (Tydings-

    McDuffie) appended in the

    1935 Constitution & revised

    by the Laurel-Langley

    Agreement.

    Under the Parity Amendment, US citizens & corporations may acquire

    lands of the public domain.

    But they cannot acquire

    PRIVATE agricultural lands.

    Their right is until July 3,

    1974.

    (Republic v. Quasha, G.R. No. L-

    30299 Aug. 17, 1972)

  • LAUSAN AYOG, ET AL. v. CUSI,

    G.R. 46729, Nov. 19, 1982

    Vested right has to be

    respected.

    lt could not be abrogated

    by the new Constitution.

    Section 2, Article XIII of the

    1935 Constitution allows

    private corporations to

    purchase public agricultural

    lands not exceeding 1024

    hectares.

    RIGHTS OF NATURAL-BORN

    FILIPINO WHO HAVE LOST

    THEIR CITIZENSHIP

    Under R.A. 8179, former

    natural-born Filipino

    citizens may acquire the

    following:

    500 sq. m. Urban land

    3,000 sq. m. Rural land

    For business or other

    purposes.

  • CONSTITUTIONAL LIMITS ON JURA

    REGALIA NO. 2

    Exploration, Development

    and Utilization of Natural

    Resources must be under

    Full Control and

    Supervision of the State

    under the constitutionally

    allowed modes

  • ALLOWED MODES IN EDU

    OF NATURAL RESOURCES

    Direct Undertaking

    Co-Production Agreement

    Joint-Venture Agreement

    Production-Sharing

    Agreement

    Financial or Technical

    Assistance Agreement

  • MEANING OF FULL CONTROL (La Bugal-Blaan Tribal Assn. vs. Ramos, G.R. 127882, Dec. 1, 2004)

    Full control is not anathematic to day-to-day management by the contractor, provided that the State retains the power to direct overall strategy; and to set aside, reverse or modify plans and actions of the contractor. The idea of full control is similar to that which is exercised by the board of directors of a private corporation: the performance of managerial, operational, financial, marketing and other functions may be delegated to subordinate officers or given to contractual entities, but the board retains full residual control of the business.

    full control and supervision cannot be taken literally to

    mean that the State controls

    and supervises everything

    down to the minutest details

    and makes all required

    actions, as this would render

    impossible the legitimate

    exercise by the contractor of

    a reasonable degree of

    management prerogative and

    authority, indispensable to

    the proper functioning of the

    mining enterprise.

  • Control, as utilized in Section

    2 of Article XII, must be taken

    to mean a degree of control

    sufficient to enable the State

    to direct, restrain, regulate

    and govern the affairs of the

    extractive enterprises.

    Control by the State may be on a macro level, through the establishment of policies, guidelines, regulations, industry standards and similar measures that would enable government to regulate the conduct of affairs in various enterprises, and restrain activities deemed not desirable or beneficial, with the end in view of ensuring that these enterprises contribute to the economic development and general welfare of the country, conserve the environment, and uplift the well-being of the local affected communities

    Such a degree of control would be

    compatible with permitting the foreign

    contractor sufficient and reasonable

    management authority over the

    enterprise it has invested in, to ensure

    efficient and profitable operation.

    In fine, the FTAA provisions do not

    reduce or abdicate State control.

  • MEANING OF CO-PRODUCTION AGREEMENT

    An agreement between the Government and the contractor wherein the Government shall provide inputs to the mining operations other than the mineral resource. (Sec. 26[b], R.A. 7942, The Philippine Mining Act of 1995)

    MEANING OF JOINT VENTURE AGREEMENT

    An agreement where a joint-venture company is organized by the Government and the contractor with both parties having equity shares. Aside from earnings in equity, the Government shall be entitled to a share in the gross output. (Sec. 26 [c], R.A. 7942, The Philippine Mining Act of 1995)

  • MEANING OF PRODUCTION SHARING AGREEMENT

    An agreement where the Government grants to the contractor the exclusive right to conduct mining operations within a contract area and shares in the gross output. The contractor shall provide the financing, technology, management and personnel necessary for the implementation of this agreement. (Sec. 26 [c], R.A. 7942, The Philippine Mining Act of 1995)

    MEANING OF FTAA

    Sec. 3[r], R.A. 7942:

    Financial or technical assistance agreement means a contract involving financial or technical assistance for large-scale exploration, development, and utilization of mineral resources.

  • FTAA CONSTRUED IN LA BUGAL

    (G.R. No. 127882 DEC. 1, 04) The agreements involving

    either technical or financial assistance referred to in paragraph 4 are in fact service contracts, but such new service contracts are between foreign corporations acting as contractors on the one hand, and on the other hand government as principal or owner (of the works), whereby the foreign contractor provides the capital, technology and technical know-how, and managerial expertise in the creation and operation of the large-scale mining/extractive enterprise, and government through its agencies (DENR, MGB) actively exercises full control and supervision over the entire enterprise.

    Such service contracts may be entered into only with respect to minerals, petroleum and other mineral oils. The grant of such service contracts is subject to several safeguards, among them: (1) that the service contract be crafted in accordance with a general law setting standard or uniform terms, conditions and requirements; (2) the President be the signatory for the government; and (3) the President report the executed agreement to Congress within thirty days.

  • ARE FTAAs SOLELY FOR

    FOREIGN

    CORPORATIONS?

    No. There is no basis to believe

    that the framers of the

    Constitution, a majority of

    whom were obviously

    concerned with furthering the

    development and utilization of

    the countrys natural resources, could have wanted to restrict

    Filipino participation in that

    area. This point is clear,

    especially in the light of the

    overarching constitutional

    principle of giving preference

    and priority to Filipinos and

    Filipino corporations in the

    development of our natural

    resources.

  • WHO ARE QUALIFIED

    TO UNDERTAKE EDU?

    Filipino citizens

    Private Corp./Assn. at

    leash 60% of whose capital

    is owned by Filipino

    citizens

  • CONSTITUTIONAL LIMITS ON JURA

    REGALIA NO. 3

    All agreements in

    respect to EDU of

    Natural Resources

    should not exceed 25

    years

    Renewable for another

    25 years

  • WATER RIGHTS NOT COVERED BY THE

    25-YR LIMIT

    Last sentence, 1st par., Sec. 2, Art. XII

    IN CASES OF WATER RIGHTS FOR IRRIGATION, WATER SUPPLY, FISHERIES, OR INDUSTRIAL USES OTHER THAN DEVELOPMENT OF WATER POWER

    MEASURE AND LIMIT OF THE GRANT: BENEFICIAL USE

  • CONSTITUTIONAL LIMITS ON JURA

    REGALIA NO. 4

    The use and enjoyment

    of the MARINE WEALTH

    of the archipelagic

    waters, territorial sea

    and EEZ reserved for

    FILIPINO CITIZENS

    ONLY.

  • MEANING OF ARCHIPELAGIC WATERS

    The waters around,

    between and

    connecting the islands

    of the archipelago

  • MEANING OF TERRITORIAL SEA

    The belt of the sea

    located between the coast

    and internal waters of the

    coastal state on the one

    hand, and the high seas on

    the other extending up to

    12 NM from the low water

    mark, or in case of

    archipelagic states, from

    the baselines.

  • MEANING OF CONTIGUOUS ZONE

    The area of the sea extending up to 12 NM from the

    territorial sea. Technically, it is not part of the

    territory of the state; the coastal or archipelagic

    state may exercise jurisdiction over the area to

    prevent infringement of its customs, fiscal and

    immigration or sanitary laws.

  • MEANING OF EXCLUSIVE ECONOMIC

    ZONE (EEZ)

    Area of the sea extending up to 200 NM from the

    low-water mark or the baselines, as the case may

    be. Technically, not part of the territory.

    Coastal/Archipelagic state may exercise SOVEREIGN

    RIGHTS over the economic resources of the sea,

    the seabed and subsoil.

    Other states have freedom of navigation &

    overflight, to lay submarine cables and pipelines, &

    other lawful uses.

  • THE EEZ OF THE PHILIPPINES

  • CONSTITUTIONAL LIMITS ON JURA

    REGALIA NO. 5

    Utilization of natural resources in rivers, lakes,

    bays and lagoons.

    Allowed only on a small scale to Filipino citizens or

    cooperative.

    Priority given to subsistence fishermen and

    fisherfolk.

  • MARGINAL FISHERMAN VIS--VIS SUBSISTENCE

    FISHERMAN

    Marginal fisherman is an individual engaged in fishing whose margin of return or reward in his harvest of fish as measured by existing price levels is barely sufficient to yield a profit or cover the cost of gathering the fish.

    Subsistence fisherman is one whose catch yields but the irreducible minimum for his livelihood.

  • TANO V. SOCRATES,

    G.R. NO. 110249, AUG. 21, 1997

    The so-called "preferential right" of subsistence or marginal fishermen to the use of marine resources is not at all absolute.

    Under the general welfare clause of the LGC, local government units have the power, inter alia, to enact ordinances to enhance the right of the people to a balanced ecology.

  • SOME IMPORTANT LEGAL DEFINITIONS OF A

    STATES FLUVIAL DOMINION

    Bay a well-marked indentation whose penetration is in such proportion to the width of its mouth as to

    contain land-locked waters and constitute more

    than a mere curvature of the coast. An indentation

    shall not, however, be regarded as a bay unless its

    area is as large as, or larger than, that of the semi-

    circle whose diameter is a line drawn across the

    mouth of that indentation. (Sec. 2, Art. 10,

    UNCLOS)

  • Lagoon A small lake, the hollow bed of which is bounded by elevations of land. (The Govt of the Phil. Islands vs. Colegio de San Jose, et al., G.R. L-30829, Aug. 28, 1929)

    Lake - a body of water formed in depressions of the earth. Ordinarily fresh water, coming from rivers, brooks, or springs, and connected with the sea by them. (Ibid)

  • River - is a natural waterway that transits water

    through a landscape from higher to lower

    elevations. It is an integral component of the water

    cycle. A river may have its source in a spring, lake,

    from damp, boggy landscapes where the soil is

    waterlogged, from glacial melt, or from surface

    runoff of precipitation.

  • THE PUBLIC LAND ACT (C.A. 141)

    Approved: Nov. 7, 1936

    Coverage: Lands of the public domain

    Excludes: Timber and mineral lands; Friar Lands

    Executive Officer charged to carry out the Act: DENR Secretary

    Director of Lands has direct executive control of the survey, classification, lease, sale or any other land of the public domain

    Decisions of BL Director on questions of fact appealable to Secretary

  • Doctrine of Indefeasibility of Torrens title

    Sec. 32, PD 1529: The decree of registration and the certificate of title issued shall become incontrovertible after the lapse of one year from the date of entry

    However, the State is not precluded from bringing an action for reversion of Public Land even after the lapse of 1 year if procured through fraud and misrepresentation. (Republic vs. CA, G.R. No. 104296, Mar. 29, 1996)

  • Actions for Reversion Do Not Prescribe [Manese v. Sps. Velasco, G.R. 164024, Jan. 29, 2009]

    In all actions for the reversion to the Government of lands of the public domain or improvements thereon, the Republic of the Philippines is the real party in interest.

    The action shall be instituted by the Solicitor General or the officer acting in his stead, in behalf of the Republic of the Philippines.

    Such action does not prescribe. Prescription and laches will not bar actions filed by the State to recover its property acquired through fraud by private individuals.

  • PRE-REQUISITE FOR DISPOSITION OF ALP

    Before any public land may be alienated or disposed of, it is indispensable that there be a formal declaration by the President upon the recommendation of the DENR Secretary to the effect that such lands are open to disposition or concession, and whenever practicable the lands should have been previously surveyed. (Sec. 7, CA 141)

    Excluded from disposition or concession: Those reserved for public or quasi-public uses; those that have become private property or subject to private right. (Sec. 9, Ibid)

  • MEANING OF ALIENATION OR

    DISPOSTION

    Alienation, disposition, or concession - means any of the methods authorized by the C.A. 141 for

    the acquisition, lease, use or benefit of the lands

    of the public domain other than timber or mineral

    lands. (Sec. 10, Ibid)

  • MODES OF DISPOSITION OF ALP

    Homestead

    By Sale

    By Lease; and

    By confirmation of imperfect or incomplete titles through:

    a) Judicial legalization

    b) Administrative legalization or free patent

  • MATERIAL ALLEGATIONS IN APPLICATIONS FOR

    GRANT OF PUBLIC LAND

    Personal circumstances of the applicant and that

    he/it has all the legal qualifications and none of

    the disqualifications.

    Purpose: use of the land according to the object

    specified in the application and for other purpose,

    and that the land is suitable for the purpose

    contemplated.

  • For the exclusive use of the applicant.

    Description and location of the land.

    Occupancy, cultivation, improvements on the

    land, if any.

    Allegation that the land is not timber or mineral

    land and does not contain guano or deposits of

    salt or coal.

  • Easement of 40 meters in width from bank of any

    river or stream for planting of trees of known

    economic value; applicant prohibited to make any

    clearing on or utilize the easement area for

    ordinary farming

  • REQUIREMENT ON PERSONAL TILLAGE

    (P.D. 152)

    Applicant or his transferee must enter and work

    upon, improve and cultivate the land by himself

    within the periods prescribed for the various mode

    of concession under the Public Land Act.

    Share tenancy prohibited; violation will result to

    cancellation of the grant and forfeiture of the

    improvements on the land in favor of the

    government.

  • REMEDIES FROM ADVERSE DECISION OF

    BL DIRECTOR

    Motion for reconsideration based on any grounds for new trial under Rule ___; or

    Appeal to the DENR Secretary

    If affirmed by DENR Secretary, file a motion for reconsideration;

    If MR is denied, file special civil action on certiorari under Rule 65.

    Notes: (a) Decision of the BL cannot be collaterally attacked; (b)

  • MODE NO. 1: HOMESTEAD

    Concept: It is the home, the house and the adjoining land where the head of the family dwells, the home farm; the fixed residence of the head of a family, with the land and buildings surrounding the main house.

    It is a legal fiction of law, an artificial estate in land, devised to protect the possession and enjoyment of the owner against the claims of his creditors, by withdrawing the property from execution and forced sale, so long as the land is occupied as a home

  • Statutory Privileges Accorded to Homestead Land

    1. Exempt from execution (see Sec.

    13[a],Rule 39, Rules of Court and );

    2. Cannot be held liable for satisfaction of

    an obligation within (5) years from

    issuance of patent (Saltiga v. CA, G.R. No.

    109307, Nov. 25, 1999);

  • 3. If validly mortgaged, right of redemption granted within (5) years from the date of sale, not from date of registration at the RoD. The 5-year period to be reckoned from the expiration of the one-year period under Act. 3135;

    4. If validly mortgaged to a Rural bank, the 5-year period to commence to run after the expiration of the two-year period of redemption allowed under R.A. 720 or the Rural Banks Act

  • THE PREVAILING RULE: HOMESTEAD LANDS NOT

    EXEMPT FROM COVERAGE OF AGRARIAN REFORM

    LAW In Paris v. Alfeche, [G.R. No. 139083, Aug. 30,

    2001):

    Homesteads are not exempt from the operation of the Land Reform Law.

    The right to retain (7) hectares of land is subject to

    the condition that the landowner is actually

    cultivating that area or will cultivate it upon the

    effectivity of the said law.

  • Rural Bank of Davao City vs. Court of Appeals,

    217 SCRA 554, Jan. 27, 1993 If the land is mortgaged to a rural bank under R.A. No. 720, as

    amended, the mortgagor may redeem the property within two (2) years from the date of foreclosure or from the registration of the sheriff's certificate of sale at such foreclosure if the property is not covered or is covered, respectively, by a Torrens title.

    If the mortgagor fails to exercise such right, he or his heirs may still repurchase the property within five (5) years from the expiration of the two (2) year redemption period pursuant to Sec. 119 of the Public Land Act (C.A. No. 141.

  • If the land is mortgaged to parties other than rural banks, the mortgagor may redeem the property within one (1) year from the registration of the certificate of sale pursuant to Act No. 3135;

    If he fails to do so, he or his heirs may repurchase the property within five (5) years from the expiration of the redemption period also pursuant to Sec. 119 of the Public Land Act.

  • QUALIFIED TO OBTAIN HOMESTEAD

    Filipino

    18 yrs old or head of the family

    Must not own more than (12) has. of land

    nor has had the benefit of any gratuitous

    allotment of more than (12) has. of land

  • If applicant is a married woman:

    She must be living separately from her husband and not dependent on him for support; or

    Her husband is insane or physically incapacitated to work;

    When her husband is in prison, serving a term of such duration as would prevent him from complying with the requirements of the law regarding residence of land.

  • Mandatory Conditions/Requirements in

    Homestead Application

    Within 6 months after approval, homesteader must start to improve and cultivate the land;

    Within a period of not less than 1 year or more than 5 years from date of approval of application homesteader must have cultivated at least 1/5 of the land;

    Continuous residency in the same municipality where homestead is located or in an adjacent municipality for at least 1 year; and

    Non- abandonment (voluntary) for more than 6 months at any one time during period of required residency and occupation.

  • When vested right in homestead fixed

    In Balboa vs. Farrales,G.R. No. L-27059, Feb. 14, 1928:

    After Buenaventura Balboa had submitted his final proof and after the same had been approved by the Government, and while Act No. 926 was still in force, he became the owner of the land and "entitled to a patent."

    At least on that date his right to the land, as owner, ripened into a vested right. It was no longer expectant as depending on the continuance of existing circumstances, or contingent as depending on some events or the performance of some conditions.

  • WHEN HOMESTEAD IS DEEMED CONJUGAL PROPERTY (De Ocampo v. Delizo, G.R. No. L-32820, Jan. 20,

    1976)

    The fact that a parcel of land was acquired as homestead during the period of the first marriage does not necessarily mean that it should be considered as property of the first marriage. The decisive factor in determining whether a parcel of land acquired by way of homestead is conjugal property of the first or second marriage, is not necessarily the issuance of the homestead patent but the time of the fulfillment of the requirements of the public land law for the acquisition of such right.

  • CONDITIONS BEFORE APPLICANT MAY VALIDLY

    TRANSFER HIS RIGHTS BEFORE ISSUANCE OF

    PATENT He has already complied with all the requirements;

    His non-continuance is of no fault of his own;

    Made to a bona fide purchaser legally qualified to

    apply for homestead;

    Not for speculative purpose; and

    Approved by the Director, Bureau of Lands

  • RESTRICTIONS ON SUBSEQUENT ALIENATION

    AND ENCUMBRANCE (Sec. 118, C.A. 141 as

    amended by C.A. 456) Homestead cannot encumbered or alienated during the period

    from date of approval up to the date of issuance of patent;

    Encumbrance or alienation within 5 years from date of issuance of patent or grant is prohibited;

    Homestead cannot be liable to the satisfaction of any debt contracted prior to the expiration of said period;

    Exception: Improvements or crops on the homestead land

    Alienation, transfer, or conveyance after 5 years and before 25 years requires approval of the DENR Secretary (deemed as directory and formality)

  • Nature of Proceedings in Homestead

    Not in rem, hence a homestead patent

    issued is not binding upon the whole world;

    However, when a homestead patent is

    registered under the Torrens System, its

    title becomes indefeasible.

  • RULES ON THE EXERCISE OF THE RIGHT OF

    REDEMPTION/REPURCHASE OF HOMESTEAD

    LAND 5 years if mortgaged or sold to a private person or the subject

    of sale under pacto de retro;

    6 years If mortgaged covered under Act 3135; 7 years If mortgaged to a Rural Bank; None If sold to immediate member of a family. None If land is no longer devoted to agriculture, patentee is

    already 71 years old not anymore residing in the property and his motivation for the repurchase was purely for profit. (Santana v. Marinas, G.R. No. L-35537, Dec. 27, 1979)

    Note: Period must be reckoned from the date of conveyance or sale.

  • R.A.10023 [Free Patents To

    Residential Lands] March 9, 2010

    Coverage :

    1. All lands that are zoned as residential areas,

    including townsites as defined under the Public

    Land Act. Exception: Forest Areas

    2. Zoned residential areas located inside a delisted

    military reservation or abandoned military camp, and

    those of local government units (LGUs) or townsites

    which preceded Republic Act No. 7586 or the

    National Integrated Protected Areas System

    (NIPAS) law.

  • Qualified Applicants:

    Any Filipino citizen who

    is an actual occupant of

    a residential land.

    Maximum Area:

    Highly urbanized cities

    200 square meters

    Other cities 500 square meters

    First class and second

    class municipalities 750 square meters

    All other municipalities

    1,000 square meters.

    Provided that the land

    applied for is not

    needed for public

    service and/or public

    use.

  • How to Apply

    Application should be supported by:

    A map based on an actual survey conducted by a licensed geodetic engineer and approved by the Department of Environment and Natural Resources (DENR)

    A technical description of the land.

    Affidavit of two (2) disinterested persons who are residing in the barangay of the city or municipality where the land is located;

    Attesting to the truth of the facts contained in the application to the effect that the applicant thereof has, either by himself or through his predecessor-in-interest, actually resided on and continuously possessed and occupied, under a bona fide claim of acquisition of ownership, the land applied for at least ten (10) years and has complied with the requirements prescribed in Section 1 hereof.

  • Special Patents [Sec.

    4, RA 10023]

    Any public land actually occupied and used for public schools, municipal halls, public plazas or parks and other government institutions for public use or purpose can be issued with Special Patents.

    Conditions:

    Issuance is not contrary to law; and

    Subject to private rights

    Lands issued Special Patents cannot be disposed of unless sanctioned by Congress if owned by the national agency or sanctioned by the sanggunian concerned through an approved ordinance if owned by the LGU.

  • Miscellaneous Sales

    Patent [R.A. 730]

    Permits sale without public auction of alienable and disposable lands of the public domain for residential purpose.

    The application to purchase the land is called the Miscellaneous Sales Application and the corresponding patent is called the Miscellaneous Sales Patent.

    Qualified to apply:

    1. Filipino citizen of lawful age, married (if single, applicant must be the head or bread winner of the family)

    2. Not the owner of a home lot in the municipality/city where the land applied for is located

    3. He must have occupied in good faith the land applied for and constructed a house thereon where he/she and family is actually residing.

  • Requirements under

    R.A. 730

    Application Filing fee of P50.00;

    Approved plan and technical description of the land applied for;

    Affidavit of the applicant stating that:

    He is not the owner of any other home lot in the municipality/city where he resides.

    He is requesting that the land be sold to him under the provision of R. A. No. 730.

    If the applicant is single, he must submit an affidavit stating that he is the head or bread winner of the family;

    The land is not needed for public use.

    The applicant can only be granted a maximum area of 1,000 square meters.

    Presidential Decree No. 2004 dated December 30, 1985 amended Section 2 of Republic Act 730 thus, lands acquired under this Act before and after the issuance of patent thereon are no longer subject to any restriction.

  • MODE NO. 2 : SALE OF PUBLIC

    AGRICULTURAL LANDS

    Qualified to purchase:

    Filipino citizens, legal age or head of the family;

    Maximum area: 12 hectares

    Note: Corporations cannot acquire by purchase Public Agricultural Lands by express prohibition under Sec. 3, Art. XII, 1987 Constitution

  • PREFERENCE GIVEN TO ACTUAL

    OCCUPANTS (Sec. 25, CA 141)

    Conditions:

    ALP must not be located: (a) within 10 kms from

    the boundaries of the city proper in chartered

    cities; or (b) within 5 kms from the municipal hall

    or town plaza of any municipality.

    There must actual occupation on the lands.

    Total landholdings must not exceed 5 hectares

  • EXCESS LANDHOLDING WHEN ALLOWED

    In case of foreclosure sale;

    However, the excess must be disposed of

    within 5 years;

    Failure to dispose of within the period surtax of 50% will be charged over the

    ordinary real property tax.

  • WHAT IS DEEMED EXCESS LANDHOLDING?

    For qualified individuals: the area in excess of 12

    hectares.

    For corporations: Any land acquired by virtue of

    foreclosure is deemed in excess of landholding

    hence must be disposed of within 5 years.

  • PROCEDURE IN THE SALE OF ALP

    Filing of application in prescribed form.

    Appraisal conducted by the BL Director and approved by the DENR Secretary.

    Publication of the notice of sale: Once a week for 3 consecutive weeks in the O.G., and in 2 newspapers, one published in Manila and the other in the municipality or province where the land is situated.

    Posting in the Bulletin Board of the LMB, Q.C. and in 3 conspicuous places in the provincial capitol and the municipal hall where the land is situated

  • Submission of Bids in sealed envelope, addressed

    to the BL Director together with the 10% amount

    of the bid in cash, certified check, treasury

    warrant, or postal money order.

    Opening of bids and awarding to the highest

    bidder.

  • PREFERENCE GRANTED TO APPLICANT

    IN AWARDING OF ALP

    In case of two or more highest equal bids and one

    belongs to applicant, latter wins;

    If the highest bid is not that of applicant, Oral

    Bidding is called and the highest oral bidder is

    awarded;

    In all instances, applicant is given the option to

    equal the highest bidder.

  • Payment of price may be in full or in 10 equal

    annual installments reckoned from the date of

    the award.

    Overdue installment subject to 4% interest P.A.

    Purchasers right over the ALP is still inchoate until such time the patent has already been

    issued.

  • CONDITIONS IN SALE ARE OBLIGATORY (Jimenez v. Macaraig, G.R. 94542, Mar. 1,

    1993) Facts: Jimenez was awarded by way of sale ALP for town site in 1955. It was subject to condition that he will commence construction of improvements within 6 months and complete all within 18 months from date of award. In 1972, Guirnalda occupied the land, cleared it and introduced levelling and riprapping. She also built a shack which was used by her and her family. In 1984, the daughter of Jimenez asked her to vacate the land. Guirnalda filed a protest with the BL as sought for cancellation of the award. In 1986, BL cancelled the award. On MR, it was reversed but set aside by the DENR Secretary.

  • Ruling:

    Jimenez was not able to prove that the improvements were commenced, hence the rescission of the award was proper;

    But, the rescission did not amount to recognition of other occupants claim on the subject land. Whatever claim that Guirnalda has over the land must still be presented before the proper forum and must under proper procedure as set by law.

  • TWO INSTANCES WHEN

    ORAL BIDDING ALLOWED

    When two or more of such sealed bids turn out to be equal and the highest, and that of the applicant is not one of them. In such case, the Director of Lands will call for an oral bidding, without need for applicant to participate in it since he has the option to put up a bid to equal that of the highest bidder; and

    Where the ALP to be sold has been declared to be vacant and no applicant is recognized to have preferential rights over it.

  • PRE-REQUISITES BEFORE

    SALES PATENT IS ISSUED

    He must have occupied the land applied for;

    He must have cultivated at least 1/5 of the land within 5 years after the date of award;

    Where the application is for pasture, he must have grazed on the land with his own cattle numbering at the rate of one head for every 2 hectares;

    Failure to comply or any voluntary abandonment for ore than one year at any given time, the land may be reverted and all prior payments forfeited.

  • CONVEYANCE OF LAND PRIOR TO

    ISSUANCE OF SALES PATENT VALID

    Sec. 29 allows applicant to convey or encumber his rights after cultivation has started;

    CONDITIONS:

    It does not affect the interest of the government;

    The transferor is not delinquent in paying the installment due; and

    There must be prior approval of the DENR Secretary

  • EFFECT OF SALE WITHOUT DENR APPROVAL

    (Javier v. C.A., et al., 231 SCRA 498, Mar. 28,

    1994) The sale pending issuance of patent without

    approval of the BL violates Sec. 29, C.A. 141.

    The effect is annulment of the sales application as

    if none had been filed.

  • JOINT VENTURE ALLOWED IN SALE OF PUBLIC

    LAND [Barreo v. Rivera, 61 O.G. 14, April 5,

    1965 CA] Where one person contributes his capital, consisting of his duly

    approved sales application and recognized right of possession over a parcel of public land which he has begun cultivating and over which he has already spent time and effort, and another contributes his labor and money to finalize the cultivation of the same land, with the understanding that both shall divide the land in the proportion agreed upon by them, a joint venture or partnership is formed under Art. 1767 of the Civil Code, and each partner is bound as a trustee to be ever loyal to his partner under Art. 1807 of the same Code.

  • BUT JOINT VENTURE NOT SANCTIONED IN

    HOMESTEAD [Addun v. De Yro, 62 O.G. 37, Sept. 12, 1966 CA] In the case of homestead, however, the treatment

    of a similar situation apparently is different.

    A homestead applicant is required by law to

    occupy and cultivate the land for his own and his

    familys benefit, and not for the benefit of someone else.

  • If the homesteader occupies and cultivates the land on behalf of another person and obtains title on the understanding that a portion would be transferred to the latter, it is INVALID, hence bars issuance of the patent;

    Even if patent is already issued and title becomes indefeasible, the same agreement is still null and void since Sec. 118 prohibits the encumbrance or alienation of a homestead except in favor of the government or any of its branches from the date of the approval of the application and for a term of 5 years from the date of issuance of patent.

  • RESTRICTIONS IN

    SALE OF PUBLIC LAND

    1) Survey plan must be made before issuance of sales patent;

    2) Mineral deposits not included in conveyance;

    3) Land subject to legal servitudes;

    4) Subject to ROW not exceeding 60 m in width for public highways, railroad, irrigation canals, aqueduct, etc.;

    5) After grant of title, subsequent transfer within 10 years from grant or cultivation is not valid without consent from the state.

  • WHEN LAND BECOMES OF PRIVATE OWNERSHIP [Visayan

    Realty Inc. v. Meer, 96 Phil 515]

    It is only upon issuance of the sales patent that the Government is divested with its title.

    Approval of the application merely authorizes applicant to take possession of the land in order for him to comply with the requirements set by law.

    Meanwhile, the Government still remains the owner; the application can still be cancelled and the land awarded to another if it is shown the requirements are not complied with.

  • WHEN LAND UNDER SALES PATENT IS DEEMED

    EXCLUSIVE PROPERTY [Fiel, et al. v. Wagas, et al., 48 O.G. 195] Where the balance of the purchase price of

    the land applied for sales patent was paid by applicant after the dissolution of the marriage due to death of his spouse, the land is considered exclusive property of the applicant;

    This is true even if the sales patent application was filed and approved during the subsistence of the marriage.

  • ANNULMENT OF PATENT AND TITLE IS

    JUDICIAL IN NATURE

    True that the Director of Lands can investigate violations even while the patent and the corresponding title have already been issued;

    But he cannot render a decision annulling the sales patent and title for the alleged violations since annulment of a title under Sec. 101 of CA 141 is a judicial process.

  • MODE NO. 3: LEASE OF ALP

    Qualified to lease ALP:

    Filipino citizen of legal age (up to 500 hectares);

    and

    Private corporation or association registered

    under the laws of the Philippines whose capital

    stock of at least 60% is owned by Filipinos (up to

    1,000 hectares).

  • LIMITATIONS IN THE LEASE OF ALP

    Any officer, employee, stockholder, etc. of a corporation/association already holding ALP may not apply for lease of such land. In case it may be allowed, it must be reasonably necessary to carry on his business, in case of an individual or the business for which the corporation is created under its Articles of Incorporation.

  • PROCEDURE IN THE LEASE OF ALP

    (Substantially the same as in sale)

    Filing of application in prescribed form.

    Appraisal conducted by the BL Director and approved by the DENR Secretary.

    Publication of the notice of sale: Once a week for 3 consecutive weeks in the O.G., and in 2 newspapers, one published in Manila and the other in the municipality or province where the land is situated.

    Posting in the Bulletin Board of the LMB, Q.C. and in 3 conspicuous places in the provincial capitol and the municipal hall where the land is situated

  • Submission of Bids in sealed envelope, addressed to the BL Director together with the 10% amount of the bid in cash, certified check, treasury warrant, or postal money order.

    Opening of bids and awarding to the highest bidder.

    In addition:

    No bid will be considered if the proposed rent is less than 3% of the appraised value of the land or the bidder did not deposit rental equivalent to at least the first 3 months of the lease.

    If the land applied for is for grazing, annual rental must not be less than 2%.

  • OTHER CONDITIONS IN LEASE OF ALP

    Rental: to be paid in advance starting from the date of approval of the lease; subject to automatic increase if the rent falls below 3% in case of re-appraisal.

    Period: 25 years, renewable for another 25 years. Extension is not a matter of right. Lessee must justify the extension by showing he has introduced important improvements on the leased land.

    Cultivation: Applicant must have broken and cultivated at least 1/3 of the land within 5 years from approval.

  • RESTRICTION TO SUB-LEASE

    Lessee cannot assign, encumber, or sublet his right

    over the leased land without approval from the

    DENR Secretary.

    Reason: To avoid speculation purposes or situation

    where the land is used by other persons not legally

    qualified to lease ALP.

  • CAN THE LESSEE SUBLEASE THE

    IMPROVEMENTS ON THE LAND WITHOUT

    CONSENT FROM GOVT? No. In Bachrach Motor Co. Inc. v. Universal Trading

    Co. Inc., et al., 62 O.G. 30, July 25, 1966, it was ruled:

    In lease contract of ALP, a provision is found that upon the breach thereof by the lessee, the govt as lessor may elect to declare the lease forfeited and enter and take possession of the premises and ALL IMPROVEMENTS actually existing thereon.

    Hence, this can only mean that the improvements are also subject to forfeiture.

  • ADDITIONAL RESTRICTIONS

    Lessee cannot remove or dispose of any valuable

    timber, stone, oil, coal, salts or other minerals,

    including medicinal mineral waters.

    The leased land is subject to the same conditions

    and restriction imposed on sale of ALP regarding

    taxes, servitudes, easements, mines and water

    rights

  • PREFERENCE OF LESSEE TO BUY LEASED

    LAND

    If the ALP leased is to be sold by the

    Government during the subsistence of the

    lease, LESSEE will have the option to

    purchase the property, subject to conditions

    and restrictions governing sale of ALP.

  • LESSEE HAS LEGAL STANDING TO OPPOSE

    REGISTRATION OF ALP OBJECT IN LEASE

    If lessee has already introduced substantial

    improvements on the leased land, he is considered

    a party in interest entitled to file opposition in

    application for registration of the same land.

    The trial court may be compelled by mandamus to

    allow the lessee and his counsel to appear and

    oppose the application (Director v. Del Rosario, 58

    O.G. 3, Jan. 15, 1962)

  • REGISTRATION OF LEASE CONTRACT NOT

    NECESSARY

    True that any alienation, grant, conveyance on public lands is

    not effective unless registered in the office of the RD (Sec.

    122, Act 496)

    However, a contract of lease of ALP does not constitute title or

    deed of conveyance within the meaning of the above provision.

    What the law contemplates are those transfers of ownership,

    not documents transferring mere possession (Dagdag v.

    Nepomuceno, 10 Phil. 216).

  • MODE NO. 4: CONFIRMATION OF

    IMPERFECT OR INCOMPLETE TITLE

    I. BY JUDICIAL LEGALIZATION

    - When application is filed with the proper RTC

    in the province or city where the land lies; or

    I. BY FREE PATENT When the application is filed with the Bureau of Lands.

  • JUDICIAL LEGALIZATION

    When to file: Until Dec. 31, 2020 (period extended by R.A. 9176)

    Where to file: RTC in the province or city where the land lies.

    Notice of the application with the survey plan must be furnished the OSG, the Bureau of Lands.

    Publication of the notice of initial hearing once a week for 3 consecutive weeks in the O.G., and in 2 newspapers, one published in Manila and the other in the municipality or province where the land is situated.

    Posting in the Bulletin Board of the LMB, Q.C. and in 3 conspicuous places in the provincial capitol and the municipal hall where the land is situated

  • PERSONS ENTITLED TO JUDICIAL LEGALIZATION/

    CONFIRMATION OF IMPERFECT/INCOMPLETE

    TITLE (a) Those who prior to the transfer of sovereignty

    from Spain to the US have applied for the purchase, composition or other form of grant of lands of the public domain under the laws and royal decrees then in force and have instituted and prosecuted the proceedings in connection therewith, but have, with or without default upon their part, or for any other cause, not received title therefor, if such applicants or grantees and their heirs have occupied and cultivated said land continuously since the filing of their application;

  • (b) Those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive, and notorious possession and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition of ownership, SINCE JUNE 12, 1945, immediately preceding the filing of the application of confirmation of title, except when prevented by war or force majeure. These shall be conclusively presumed to have performed all the conditions essential to a Government grant and shall be entitled to a certificate of title under the provision of P.D. 1073; and

  • (c) Members of the national cultural minorities who by themselves or through their predecessors-

    in-interest have been in open, continuous,

    exclusive and notorious possession and occupation

    of lands of the public domain suitable to

    agriculture, whether disposable or not, under a

    bona fide claim of ownership since June 12, 1945.

  • REGISTRATION UNDER LAND REGISTRATION

    ACT V. REGISTRATION UNDER THE PUBLIC

    LAND ACT Under the Land Registration Act:

    - presumption that title already exists and the

    court is there only to confirm;

    - dismissal may be with or without prejudice to

    refiling; and

    - applicant does not risk losing his property.

  • Under the Public Land Act:

    - land applied for presumed to belong to the State and applicant is claiming it by virtue of his open, continuous, exclusive and notorious possession amounting to imperfect title;

    - court hearing the application has jurisdiction and power to adjudicate the land in favor of the conflicting claimants, and if none is entitled, land is declared in favor of the Government; and

    - applicant runs the risk of losing the land applied for, without opportunity of refiling the application.

  • PRESCRIPTION LIES AGAINST ALP (Jabutay v. Dir. Of Lands, CA G.R 16969, Nov. 7 1958)

    In the case where the applicant was able to establish that he and his predecessors-in-interest had been in actual, peaceful, public, open and continuous possession of certain public land under claim of ownership for more than 65 years, he is deemed to have been conferred effective title and the subject land had ceased to a part of the public domain and had become a private property.

    Note: Generally, 30 years possession without title and in bad faith is enough in acquisitive prescription. However, in ALP, possession must be traced since June 12, 1945.

  • ACQUISITION BY ADMIN LEGALIZATION OR

    FREE PATENT

    Persons entitled:

    - Natural-born Filipino;

    - Not owner of more than 24 hectares (now 12 hectares;

    - Since July 4, 1945 or prior thereto, has continuously occupied and cultivated, either by himself or through his predecessors-in-interest, such public lands as may be subject of disposition;

    - In lieu of continuous cultivation, applicant may show that he has paid real estate taxes on the property for the same period and the land has not been occupied by other persons.

  • LIMITATIONS IN AREA

    Royal decrees: 1,000 hectares;

    R.A. 6236 & P.D. 1073: 144 hectares;

    1973 Constitution: 24 hectares; and

    1987 Constitution: 12 hectares.

  • PROCEDURE IN OBTAINING FREE

    PATENT Filing of Application with BL, accompanied with a map and

    technical description of the land, and affidavits subscribed by two disinterested persons residing the same municipality or barangay where the land lies;

    Posting of notices in conspicuous places in the provincial capital, the municipality and barangay where the land is situated for 2 consecutive weeks. Notice shall require those having interests to file their objection or adverse claim; and

    Action by the BL.

  • WHEN FREE PATENT BECOMES FINAL AND

    CONCLUSIVE

    General rule: 1 year after issuance of the

    free patent, title over the land becomes

    indefeasible and incontrovertible.

    Exception: Where the land granted is not

    part of the public domain, but a private

    land, the patent and Torrens Title issued are

    a nullity.

  • IMPORTANT RESTRICTION

    ON FREE PATENT

    Land cannot be encumbered or alienated within 5 years from date of issuance, except in favor of the government or its instrumentalities.

    Improvements or crops not covered.

    After 5 years, the land may be alienated without need of approval from the DENR.

    But it buyer is a juridical person, there must be consent from the grantee and approval from DENR

    Any alienation is subject to right of repurchase by the patentee, his heirs within 5 years from date of sale.

  • ALIENABLE PUBLIC LANDS OTHER THAN

    TIMBER, MINERAL OR AGRICULTURAL

    Reclaimed lands;

    Foreshore;

    Marshy land or land covered with water bordering upon the shores or banks of navigable lakes or rivers; and

    Other lands not included in above classification.

    Note: The foregoing may be disposed of for residential, commercial, industrial or other productive purposes.

  • MEANING OF TERMS

    Residential land: To be construed in its prospective and objective purposes taking into account the influx of population and the impact of commercial, industrial and social intercourse thereon. A truly residential lot could not be converted into an agricultural land simply by reserving a plot for cultivation; conversely, an agricultural land cannot be considered residential simply because a portion of it has been crisscrossed with roads and building here and there.

    Reclaimed land: refers to submerged land which by deliberate act of dredging and filling has emerged to the surface. It belongs to the State. It may be declared property of adjoining owners only where it is no longer needed for public use or public service.

  • Foreshore: refers to that part of the land adjacent to the sea which is alternately covered and uncovered by the ordinary flow of the tides. It belongs to the State.

    Note: R.A. 1899, Reclamation Act of 1957 declares as property of the LGU all reclaimed land undertaken by them.

    Marshy land: that which borders on shores and banks of navigable rivers and lakes; it is generally swampy or soft wet land.

    Note: All foregoing may be subject, as a rule, only of lease unless declared so by the President upon recommendation of the DENR or by legislation, i.e. R.A. 293, as amended by R.A. 1899 (June 22, 1957) allowing sale of marshy land with subsisting lease of at least 5 years to the lessee.

  • CASES ON RECLAIMED LANDS

    Republic v. C.A. & Republic Real Estate Corp, G.R. No. 105276,

    November 25, 1998.

    Chavez v. PEA & Amari, G.R. No. 133250, July 9, 2002, en banc

    decision;

  • REPUBLIC V. CA & REPUBLIC REAL ESTATE

    CORP., G.R. No. 105276, November 25, 1998

    The duty of the court is to interpret the enabling

    Act, RA 1899. In so doing, we cannot broaden its

    meaning, much less widen the coverage thereof.

    If the intention of Congress were to include

    submerged areas, it should have provided

    expressly. That Congress did not so provide could

    only signify the exclusion of submerged areas

    from the term "foreshore lands".

  • CHAVEZ vs. PEA and AMARI [G.R. No. 133250, July 9, 2002, en banc decision]

    Facts:

    November 20, 1973: Commissioner of Public Highways, signed a contract with the Construction and Development Corporation of the Philippines ("CDCP" for brevity) to reclaim certain foreshore and offshore areas of Manila Bay. The contract also included the construction of Phases I and II of the Manila-Cavite Coastal Road. CDCP obligated itself to carry out all the works in consideration of fifty percent of the total reclaimed land.

  • February 4, 1977: Marcos issued Presidential Decree No. 1084 creating PEA with primary mandate "to reclaim land, including foreshore and submerged areas," and "to develop, improve, acquire, x x x lease and sell any and all kinds of lands."

    On the same date, Presidential Decree No. 1085 was signed transferring to PEA the "lands reclaimed in the foreshore and offshore of the Manila Bay" under the Manila-Cavite Coastal Road and Reclamation Project (MCCRRP).

  • December 29, 1981: Pres. Marcos issued a memorandum directing PEA to amend its contract with CDCP directing that all future works in MCCRRP shall be funded and owned by PEA.

    January 19, 1988: Pres.Aquino issued Special Patent No. 3517, granting and transferring to PEA the parcels of land already reclaimed under the Manila-Cavite Coastal Road and Reclamation Project (MCCRRP) containing a total area of one million nine hundred fifteen thousand eight hundred ninety four (1,915,894) square meters.

  • April 9, 1988: Paraaque RD issued TCT Nos. 7309, 7311, and 7312, in the name of PEA, covering the three reclaimed islands known as the "Freedom Islands" located at the southern portion of the Manila-Cavite Coastal Road, Paraaque City.

    The Freedom Islands have a total land 157.841 hectares.

  • April 25, 1995: PEA entered into a JVA with AMARI

    to develop the Freedom Islands. The JVA also

    required the reclamation of an additional 250

    hectares of submerged areas surrounding these

    islands to complete the configuration in the

    Master Development Plan of the Southern

    Reclamation Project-MCCRRP. The JVA was

    entered without public bidding.

  • April 28, 1995: PEA Board confirmed the JVA.

    June 8, 1995, Pres. Ramos approved the JVA.

    November 29, 1996: then Senate Pres. Maceda

    delivered a privilege speech calling the JVA as the

    "grandmother of all scams. A senate

    investigation followed.

  • April 27, 1998: petitioner Chavez, as taxpayer, filed a petition for mandamus contending that the government stands to lose billions of pesos in the sale by PEA of the reclaimed lands to AMARI.

    Petitioner assails the sale to AMARI of lands of the public domain as a blatant violation of Section 3, Article XII of the 1987 Constitution prohibiting the sale of alienable lands of the public domain to private corporations.

  • March 30, 1999: PEA and AMARI signed the Amended Joint Venture Agreement.

    May 28, 1999: President Estrada approved the Amended JVA.

    The Amended JVA covers a reclamation area of 750 hectares. Only 157.84 hectares of the 750-hectare reclamation project have been reclaimed, and the rest of the 592.15 hectares are still submerged areas forming part of Manila Bay.

  • Under the Amended JVA, AMARI will reimburse

    PEA the sum of P1,894,129,200.00 for PEA's

    "actual cost" in partially reclaiming the Freedom

    Islands.

    AMARI will also complete, at its own expense, the

    reclamation of the Freedom Islands. AMARI will

    further shoulder all the reclamation costs of all

    the other areas, totaling 592.15 hectares, still to

    be reclaimed.

  • AMARI and PEA will share, in the proportion of 70

    percent and 30 percent, respectively, the total

    net usable area which is defined in the Amended

    JVA as the total reclaimed area less 30 percent

    earmarked for common areas.

    Under the Amended JVA AMARI will acquire and

    own a maximum of 367.5 hectares of reclaimed

    land which will be titled in its name.

  • PRINCIPAL ISSUE

    WHETHER THE STIPULATIONS IN THE AMENDED

    JOINT VENTURE AGREEMENT FOR THE TRANSFER

    TO AMARI OF CERTAIN LANDS, RECLAIMED AND

    STILL TO BE RECLAIMED, VIOLATE THE 1987

    CONSTITUTION.

  • RATIO DECIDENDI

    The ownership of lands reclaimed from foreshore and submerged areas is rooted in the Regalian doctrine which holds that the State owns all lands and waters of the public domain.

    Commonwealth Act No. 141, also known as the Public Land Act, which authorized the lease, but not the sale, of reclaimed lands of the government to corporations and individuals. CA No. 141 continues to this day as the general law governing the classification and disposition of lands of the public domain.

  • The State policy prohibiting the sale to private parties of government reclaimed, foreshore and marshy alienable lands of the public domain, first implemented in 1907 was thus reaffirmed in CA No. 141 after the 1935 Constitution took effect .

    Foreshore lands became inalienable as natural resources of the State, unless reclaimed by the government and classified as agricultural lands of the public domain, in which case they would fall under the classification of government reclaimed lands.

  • After the effectivity of the 1935 Constitution, government reclaimed and marshy disposable lands of the public domain continued to be only leased and not sold to private parties.

    These lands remained sui generis, as the only alienable or disposable lands of the public domain the government could not sell to private parties.

    Since then and until now, the only way the government can sell to private parties government reclaimed and marshy disposable lands of the public domain is for the legislature to pass a law authorizing such sale.

  • CA No. 141 does not authorize the President to reclassify government reclaimed and marshy lands into other non-agricultural lands under Section 59 (d).

    Lands classified under Section 59 (d) are the only alienable or disposable lands for non-agricultural purposes that the government could sell to private parties.

    Most importantly, Section 60 of CA No. 141 expressly requires congressional authority before lands under Section 59 that the government previously transferred to government units or entities could be sold to private parties

  • One reason for the congressional authority is that Section 60 of CA No. 141 exempted government 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.

  • The 1987 Constitution continues the State policy in the 1973 Constitution banning private corporations from acquiring any kind of alienable land of the public domain. Like the 1973 Constitution, the 1987 Constitution allows private corporations to hold alienable lands of the public domain only through lease.

    One purpose of the constitutional prohibition against purchases of public agricultural lands by private corporations is to equitably diffuse land ownership or to encourage 'owner-cultivatorship and the economic family-size farm'. Huge landholdings by corporations or private persons had spawned social unrest."

  • The Amended JVA covers not only the Freedom Islands, but also an additional 592.15 hectares which are still submerged and forming part of Manila Bay.

    There is no legislative or Presidential act classifying these submerged areas as alienable or disposable lands of the public domain open to disposition.

    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.

  • The mere fact that alienable lands of the public domain like the Freedom Islands are transferred to PEA and issued land patents or certificates of title in PEA's name does not automatically make such lands private.

    To allow vast areas of reclaimed lands of the public domain to be transferred to PEA as private lands will sanction a gross violation of the constitutional ban on private corporations from acquiring any kind of alienable land of the public domain.

  • SUMMARY OF THE RULING:

    The 157.84 hectares of reclaimed lands comprising the Freedom Islands, now covered by certificates of title in the name of PEA, are alienable lands of the public domain. PEA may lease these lands to private corporations but may not sell or transfer ownership of these lands to private corporations. PEA may only sell these lands to Philippine citizens, subject to the ownership limitations in the 1987 Constitution and existing laws.

  • The 592.15 hectares of submerged areas of Manila Bay remain inalienable natural resources of the public domain until classified as alienable or disposable lands open to disposition and declared no longer needed for public service. The government can make such classification and declaration only after PEA has reclaimed these submerged areas. Only then can these lands qualify as agricultural lands of the public domain, which are the only natural resources the government can alienate. In their present state, the 592.15 hectares of submerged areas are inalienable and outside the commerce of man.

  • Since the Amended JVA seeks to transfer to AMARI, a private corporation, ownership of 77.34 hectares of the Freedom Islands, such transfer is void for being contrary to Section 3, Article XII of the 1987 Constitution which prohibits private corporations from acquiring any kind of alienable land of the public domain.

  • Since the Amended JVA also seeks to transfer to AMARI ownership of 290.156 hectares of still submerged areas of Manila Bay, such transfer is void for being contrary to Section 2, Article XII of the 1987 Constitution which prohibits the alienation of natural resources other than agricultural lands of the public domain. PEA may reclaim these submerged areas. Thereafter, the government can classify the reclaimed lands as alienable or disposable, and further declare them no longer needed for public service. Still, the transfer of such reclaimed alienable lands of the public domain to AMARI will be void in view of Section 3, Article XII of the 1987 Constitution which prohibits private corporations from acquiring any kind of alienable land of the public domain.

  • CHAVEZ vs. PEA and AMARI [G.R. No. 133250, November 11, 2003 Resolution of MR]

    Submerged lands, like the waters (sea or bay) above them, are

    part of the States inalienable natural resources. Submerged lands are property of public dominion, absolutely inalienable

    and outside the commerce of man. This is also true with

    respect to foreshore lands. Any sale of submerged or foreshore

    lands is void being contrary to the Constitution.

    Commonwealth Act No. 141, "foreshore and lands under water

    were not to be alienated and sold to private parties,"

  • PEA is the central implementing agency tasked to undertake reclamation projects nationwide

    PEA took the place of the Department of Environment and Natural Resources ("DENR" for brevity) as the government agency charged with leasing or selling all reclaimed lands of the public domain.

    In the hands of PEA, which took over the leasing and selling functions of DENR, reclaimed foreshore (or submerged lands) lands are public lands in the same manner that these same lands would have been public lands in the hands of DENR

  • To allow vast areas of reclaimed lands of the public domain to be transferred to PEA as private lands will sanction a gross violation of the constitutional ban on private corporations from acquiring any kind of alienable land of the public domain.

    PEA 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.

    As we held in our 9 July 2002 Decision, the Amended JVA "violates glaringly Sections 2 and 3, Article XII of the 1987 Constitution.

    In our 6 May 2003 Resolution, we DENIED with FINALITY respondents Motions for Reconsideration. Litigations must end some time. It is now time to write finis to this "Grandmother of All Scams."

  • SURVEY OF RECLAMATION LAWS

    AND REGULATIONS The Spanish Law of Waters of 1866

    Civil Code of 1889

    Act No. 1654

    Act No. 2874 ;

    Commonwealth Act No. 141;

    R.A. 1899

    PD No. 1084

    R.A. 7160

  • Executive Order 525, February 14, 1979 (Designating PEA as the Agency primarily responsible for all reclamation projects)

    Executive Order 543, June 24, 2006 (Delegating to PRA the power to approve reclamation projects)

    Executive Order No. 380, Oct. 26, 2004 (Transforming PEA into PRA)

    Executive Order No. 586

    Executive Order No. 654

    Presidential Decree No. 1085

  • THE SPANISH LAW OF WATERS OF 1866

    Article 5. Lands reclaimed from the sea in

    consequence of works constructed by the State, or

    by the provinces, pueblos or private persons, with

    proper permission, shall become the property of

    the party constructing such works, unless otherwise

    provided by the terms of the grant of authority.

  • CIVIL CODE OF 1889 (Arts. 339 & 341)

    Art. 339. Property of public dominion is:

    1. That devoted to public use, such as roads, canals,

    rivers, torrents, ports and bridges constructed by

    the State, riverbanks, shores, roadsteads, and that

    of a similar character;

  • 2. That belonging exclusively to the State which, without being of general public use, is employed in some public service, or in the development of the national wealth, such as walls, fortresses, and other works for the defense of the territory, and mines, until granted to private individuals.

    Art. 341. Property of public dominion, when no longer devoted to public use or to the defense of the territory, shall become a part of the private property of the State.

  • ACT NO. 1654, PHILIPPINE COMMISSION

    (MAY 8, 1907)

    Section 1. The control and disposition of the

    foreshore as defined in existing law, and the title

    to all Government or public lands made or

    reclaimed by the Government by dredging or filling

    or otherwise throughout the Philippine Islands,

    shall be retained by the Government without

    prejudice to vested rights and without prejudice to

    rights conceded to the City of Manila in the Luneta

    Extension.

  • Section 2.

    (a) The Secretary of the Interior shall cause all Government or public lands made or reclaimed by the Government by dredging or filling or otherwise to be divided into lots or blocks, with the necessary streets and alleyways located thereon, and shall cause plats and plans of such surveys to be prepared and filed with the Bureau of Lands.

    (b) Upon completion of such plats and plans the Governor-General shall give notice to the public that such parts of the lands so made or reclaimed as are not needed for public purposes will be leased for commercial and business purposes, x x x.

    (e) The leases above provided for shall be disposed of to the highest and best bidder therefore, subject to such regulations and safeguards as the Governor-General may by executive order prescribe.

  • Synopsis: Act 1654

    Act No. 1654 mandated that the government should retain title to all lands reclaimed by the government. The Act also vested in the government control and disposition of foreshore lands. Private parties could lease lands reclaimed by the government only if these lands were no longer needed for public purpose.

  • Act No. 1654 mandated public bidding in the lease of government reclaimed lands. Act No. 1654 made government reclaimed lands sui generis in that unlike other public lands which the government could sell to private parties, these reclaimed lands were available only for lease to private parties.

  • Act No. 1654 did not repeal Section 5 of the Spanish Law of

    Waters of 1866. Act No. 1654 did not prohibit private parties

    from reclaiming parts of the sea under Section 5 of the

    Spanish Law of Waters. Lands reclaimed from the sea by

    private parties with government permission remained private

    lands.

  • ACT 2874 [Nov. 29, 1919]

    Sec. 6. The Governor-General, upon the recommendation of the Secretary of Agriculture and Natural Resources, shall from time to time classify the lands of the public domain into ?

    (a) Alienable or disposable,

    (b) Timber, and

    (c) Mineral lands, x x x.

    Sec. 7. For the purposes of the government and disposition of alienable or disposable public lands, the Governor-General, upon recommendation by the Secretary of Agriculture and Natural Resources, shall from time to time declare what lands are open to disposition or concession under this Act."

  • Sec. 8. Only those lands shall be declared open to disposition or concession which have been officially delimited or classified x x x.

    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.

  • 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.

  • C.A. 141 [PUBLIC LAND ACT] Nov. 7, 1936

    Sec. 58. Any tract of land of the public domain which, being neither timber nor mineral land, is intended to be used for residential purposes or for commercial, industrial, or other productive purposes other than agricultural, and is open to disposition or concession, shall be disposed of under the provisions of this chapter and not otherwise.

  • Sec. 59. 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.

  • Sec. 60. Any tract of land comprised under this title may be leased or sold, as the case may be, to any person, corporation, or association authorized to purchase or lease public lands for agricultural purposes.

  • Sec. 61. The lands comprised in classes (a), (b),

    and (c) of section fifty-nine shall be disposed of

    to private parties by lease only and not

    otherwise, as soon as the President, upon

    recommendation by the Secretary of Agriculture,

    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.

  • Section 61 of CA No. 141 readopted, after the effectivity of the 1935 Constitution, Section 58 of Act No. 2874 prohibiting the sale of government reclaimed, foreshore and marshy disposable lands of the public domain.

    All these lands are intended for residential, commercial, industrial or other non-agricultural purposes. As before, Section 61 allowed only the lease of such lands to private parties.

  • The government could sell to private parties only lands falling under Section 59 (d) of CA No. 141, or those lands for non-agricultural purposes not classified as government reclaimed, foreshore and marshy disposable lands of the public domain. Foreshore lands, however, became inalienable under the 1935 Constitution which only allowed the lease of these lands to qualified private parties.

  • The Civil Code of 1950

    Art. 420. The following things are property of public dominion:

    (1) Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads, and others of similar character;

    (2) Those which belong to the State, without being for public use, and are intended for some public service or for the development of the national wealth.

    x x x.

    Art. 422. Property of public dominion, when no longer intended for public use or for public service, shall form part of the patrimonial property of the State.

  • Government must formally declare that the property of

    public dominion is no longer needed for public use or public

    service, before the same could be classified as patrimonial

    property of the State.

    In the case of government reclaimed and marshy lands of the

    public domain, the declaration of their being disposable, as

    well as the manner of their disposition, is governed by the

    applicable provisions of CA No. 141.

  • Like the Civil Code of 1889, the Civil Code of 1950 included as property of public dominion those properties of the State which, without being for public use, are intended for public service or the "development of the national wealth."

    Thus, government reclaimed and marshy lands of the State, even if not employed for public use or public service, if developed to enhance the national wealth, are classified as property of public dominion.

  • Dispositions under the 1973

    Constitution [Sec. 8, Art. XIV]

    Sec. 8. All lands of the public domain, waters, minerals, coal, petroleum and other mineral oils, all forces of potential energy, fisheries, wildlife, and other natural resources of the Philippines belong to the State.

  • With the exception of agricultural, industrial or commercial, residential, and resettlement lands of the public domain, natural resources shall not be alienated, and no license, concession, or lease for the exploration, development, exploitation, or utilization of any of the natural resources shall be granted for a period exceeding twenty-five years, renewable for not more than twenty-five years, except as to water rights for irrigation, water supply, fisheries, or industrial uses other than the development of water power, in which cases, beneficial use may be the measure and the limit of the grant."

  • Both the 1935 and 1973 Constitutions prohibit the alienation of all natural resources except agricultural lands of the public domain.

    However, the 1973 Constitution limits the alienation of lands of the public domain to individuals who were citizens of the Philippines.

    Private corporations, even if wholly owned by Philippine citizens, were no longer allowed to acquire alienable lands of the public domain unlike in the 1935 Constitution.

  • PD No. 1084, Feb. 4, 1977 [PEA

    CHARTER]

    Sec. 4. Purpose. The Authority is hereby created for the following purposes:

    (a) To reclaim land, including foreshore and submerged areas, by dredging, filling or other means, or to acquire reclaimed land;

    (b) To develop, improve, acquire, administer, deal in, subdivide, dispose, lease and sell any and all kinds of lands, buildings, estates and other forms of real property, owned, managed, controlled and/or operated by the government;

    (c) To provide for, operate or administer such service as may be necessary for the efficient, economical and beneficial utilization of th


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