G.R. No.

103882 November 25, 1998

REPUBLIC OF THE PHILIPPINES, petitioner,

vs.
THE HONORABLE COURT OF APPEALS AND REPUBLIC REAL ESTATE CORPORATION,
respondents, CULTURAL CENTER OF THE PHILIPPINES, intervenor.

G.R. No. 105276 November 25, 1998

PASAY CITY AND REPUBLIC REAL ESTATE CORPORATION, petitioners,

vs.
COURT OF APPEALS and REPUBLIC OF THE PHILIPPINES, respondents.

FACTS:

RA No. 1899 which was approved on June 22, 1957 authorized the reclamation of foreshore
lands by chartered cities and municipalities. Invoking RA 1899, the Pasay City passed Ordinance
No. 121 for the reclamation of 300 hectares of foreshore lands along the seaside in Pasay City. The
Ordinance was amended authorizing Republic Real Estate Corporation (RREC) to reclaim foreshore
lands of Pasay City under certain terms and conditions.

Republic of the Philippines (RP) filed a Complaint for Recovery of Possession and Damages
questioning subject Agreement between Pasay City and RREC on the grounds that the subject-
matter of such Agreement is outside the commerce of man, that its terms and conditions are violative
of RA 1899 and the said Agreement was executed without any public bidding. It alleged that that
what Pasay City has are submerged or offshore areas outside the commerce of man which could not
be a proper subject matter of the Agreement between Pasay City and RREC in question as the area
affected is within the National Park, known as Manila Bay Beach Resort, established under
Proclamation No. 41, dated July 5, 1954, pursuant to Act No. 3915, of which area it (Republic) has
been in open, continuous and peaceful possession since time immemorial.

ISSUE:

Whether or not the Ordinance passed by Pasay City is valid.

HELD:

The Ordinance is invalid. Foreshore land does not include submerged areas. Foreshore
lands refers to the strip of land that lies between the high and low water marks and that is alternately
wet and dry according to the flow of the tide.
 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".

The subject matter of Pasay City Ordinance No. 121, as amended by Ordinance No. 158,
and the Agreement under attack, have been found to be outside the intendment and scope of RA
1899, and therefore ultra vires and null and void.