Related Jurisprudence

on Reclamation
Levelling Off of DENR and PRA on Laws, Rules and Relevant Issuances on
Reclamation
November 23, 2017
GR No. 133250;
Francisco I. Chavez v. PEA and
Amari Coastal Bay Development
Corp
July 9, 2002
*The mere reclamation of certain areas
by PEA does not convert these
inalienable natural resources of the
state into alienable and disposable
lands of the public domain –there must
be a law or presidential proclamation
officially classifying these reclaimed
lands as alienable and disposable and
open to disposition or concession
(page 161);
*PEA (now PRA) authority under EO No. 525 in
relation to PD No, 3-A and PD No. 1084

-PEA became the primary implementing

agency of the national Government to reclaim
foreshore and submerged lands of the public
domain; (page 163)

*Sec, 3 of EO No. 525 by declaring that all lands

reclaimed by PEA “shall belong or to be owned
by PEA could not automatically operate to
classify inalienable lands into alienable or
disposable lands of the public domain
 *DENR as manager, conservator and
overseer of the natural resources of the
State
DENR exercises “supervision and control
over alienable and disposable public
lands. “ PEA needs authorization from the
DENR before it can undertake
reclamation in manila Bay or in any part
of the country. (page 164)
DENR is vested with the power to
authorize the reclamation of areas
under water, while PEA is vested
with the power to undertake the
physical reclamation of areas
under water, whether directly or
through private contractors.
DENR decides whether reclaimed lands
of PEA should be classified as alienable
under Secs 6 and 7, CA 141;

Absent two (2) official acts – (1)

classification – that these lands are A
and D and open to disposition, and (2)
a declaration that these lands are not
needed for public service, lands
reclaimed by PEA remain inalienable
lands of the public domain
*Lands reclaimed by the
government are sui generis, not
available for sale to private parties
unlike other alienable public lands –
reclaimed lands retain their
inherent potential as areas for
public use or public service, (page
170);
G.R. No. 196870;
BORACAY FOUNDATION, INC.,v.
THE PROVINCE OF AKLAN, et. al
June 26, 2012
“xxx the DENR is the government agency
vested with delegated powers to review
and evaluate all EIA reports, and to grant
or deny ECCs to project proponents.[145] It
is the DENR that has the duty to implement
the EIS system.”
 An [EIA] is a process that involves predicting and
evaluating the likely impacts of a project (including
cumulative impacts) on the environment during
construction, commissioning, operation and
abandonment. It also includes designing
appropriate preventive, mitigating and
enhancement measures addressing these
consequences to protect the environment and the
communitys welfare. xxx. Thus, the EIA process must
have been able to predict the likely impact of the
reclamation project to the environment and
to prevent any harm that may otherwise be caused.
Under the Local Government Code,
therefore, two requisites must be met
before a national project that affects the
environmental and ecological balance of
local communities can be implemented:
prior consultation with the affected local
communities, and prior approval of the
project by the
appropriate sanggunian. Absent either of
these mandatory requirements, the
projects implementation is illegal.
The protection of the environment in
accordance with the aforesaid
constitutional mandate is the aim, among
others, of Presidential Decree No. 1586,
Establishing an Environmental Impact
Statement System, Including Other
Environmental Management Related
Measures and For Other Purposes, which
declared in its first Section that it is the
policy of the State to attain and maintain a
rational and orderly balance between
socio-economic growth and
environmental protection.
Thank you!