Chavez

vs. PEA and AMARI Corp.

Facts:
The Government, through PEA, contracted with AMARI to reclaim
submerged lands in the foreshore and offshore of the Manila Bay
The total land to be reclaimed is 700 hectares, only 150 hectares
are presently reclaimed
In the contract, AMARI shall have the title and ownership of, at
most, 300 hectares of the total reclaimed land
Cory issued special land patents transferring the reclaimed lands
in the Manila Bay to PEA
Chavez filed with SC a suit to declared the contract void and the
transfer of the reclaimed land void

Issue:

WON the transfer of ownership of the reclaimed lands to AMARI is valid

Held:

No.
All nat. res. Shall belong to the State, reclaimed lands are nat. res.
Seeing as reclaimed lands are not forest, timber, national parks or
mineral lands, they are classified as agricultural lands ONCE
RECLAIMED
If the reclaimed lands are still underwater, they form part of the
public domain and may not be alienated
Reclaimed lands are deemed part of the public dominion for they
are reclaimed for a public purpose, thus they may only be taken
out of the public domain through a declaration stating that the
land is no longer needed for public use
The ALREADY RECLAIMED 150 hectares of land is now classified
as agricultural land and was classified as alienable by virtue of the
special patent issued by Cory which authorized the Registry of
Deeds to issue a TCT in the name of PEA. The issuance of the
special patent is a formal declaration stating that the lands are no
longer needed for public purpose
PRIVATE CORPORATIONS may NOT hold alienable public lands
except by LEASE
The 500 hectares still to be reclaimed may NOT be transferred to
AMARI for this will violate the Constitution
The 500 hectares may NOT be classified as alienable since they are
not agricultural lands since they are still under water
AMARI is a private corporation, thus may only lease alienable
public lands

Other notes form the case:
Alienable public lands may only be sold to individuals through a
public bidding

The President declares agricultural lands as alienable through the

recommendation of the DENR
Real property of the Government may be transferred, conveyed or
else its title be affected only through A LAW PASSED BY
CONGRESS
The President CLASSIFIES into alienable land; Congress, through a
LAW, CONVEYS the land