Chavez v NHA (2007)

DOCTRINE: Lands that have been classified as no longer intended for public
use may be alienated.

FACTS: Pres. Cory Aquino authorized the National Housing Authority to

develop low-cost housing, resulting in the Smokey Mountain Development
and Reclamation Project. R-II Builders won the bidding to develop the area.
Later, Pres. Ramos authorized the NHA to enter into a Joint Venture
Agreement with RB. After some time, this JVA was terminated, and RB
demanded compensation for all accomplishments and costs incurred, as
well as to acquire some of the developed area.

ISSUE : Can RB may acquire the reclaimed foreshore and submerged lands?

RATIO: YES. NHA and RB have been granted the power and authority to
reclaim foreshore and submerged lands, and these have been validly
classified as alienable and within the commerce of man by virtue of
presidential declarations. The lands, having been impliedly declared as no
longer intended for public use, are no longer lands of public domain, and
may therefore be disposed of by the State.
Chavez v PEA (2003)

DOCTRINE: The Constitution prohibits private corporations from acquiring

any kind of alienable land of the public domain. In the hands of the
government agency tasked and authorized to dipose of alienable or
disposable lands of the public domain, such lands are still public, not
private lands. Submerged lands are also lands of public domain, and
cannot be alienated before they are reclaimed.

FACTS: Certificates of title over reclaimed lands called the Freedom Islands
were issued to PEA, which may now lease the lands, but not sell or transfer
ownership, to private corporations. PEA then entered into a contract
conveying to AMARI Coastal Bay Development lands both reclaimed and still
submerged.

ISSUES: 1.) Is the conveyance to AMARI of the reclaimed lands valid? 2.) Is
the conveyance to AMARI of the submerged lands valid?

RATIO: NO TO BOTH. Sec. 3, Art. XII of the Constitution expressly prohibits

private corporations from acquiring any kind of alienable land of the public
domain. As the central implementing agency tasked to undertake
reclamation projects nationwide, PEA takes the place of the Dept. of Energy
& Natural Resources as the agency charged with leasing or selling reclaimed
lands of the public domain. In the same manner that the lands disposed of
by DENR are not private lands, but alienable lands of the public domain,
these lands within PEAs control are still public. Thus, they cannot be
transferred to AMARI, which is a private corporation.