Chavez v. NHA (2007) Doctrines: •
Secs. 2 and 3, Art. XII of the Constitution declare that all natural resources are owned by the State and they cannot be alienated except for alienable agricultural lands of the public domain.
Facts: On March March 19, 1993, 1993, the Nation National al Housin Housing g Author Authority ity (NHA) (NHA) and R-II R-II Builde Builders, rs, Inc. Inc. (RBI) (RBI) entered into a Joint Venture Agreement (JVA) for the development of the Smokey Mountain dumpsite and and recl reclam amat atio ion n area area to be conv conver erte ted d into into a low low cost cost medi medium um rise rise hous housin ing g comp comple lex x and and industrial/commercial site. The Project will involve 79 hectares of reclaimed land (it was initially 40 hectares but the JVA was amended). The JVA also provides that as part of the consideration for the Project, NHA will convey a portion of the reclaimed lands to RBI. The reclamation of the area was made; and subsequently, Special Patents were issued conveying the reclaimed land to NHA. On August August 5, 2004, 2004, former former Solici Solicitor tor Genera Generall Franci Francisco sco I. Chavez Chavez filed filed this this Petiti Petition on for Prohibition and Mandamus seeking to declare NULL and VOID the Joint Venture Agreement (JVA) and the Smokey Smokey Mountain Mountain Developmen Developmentt and Reclamation Reclamation Project, Project, and all other other agreements agreements in relation relation thereto, for being Unconstitutional and Invalid. Issues: 1. W/N NHA and RBI have been granted the power and authority to reclaim lands of the public
domain (Chavez claims that the power to reclaim lands of public domain is vested exclusively with PEA). 2. W/N NHA and RBI were given the power and authority by DENR to reclaim foreshore and
not) . submerged lands, as required (Chavez claims that they were not). 3. W/N the reclaimed lands are classified as alienable and disposable lands of the public domain
(Chavez (Chavez claims that that there there was no proclama proclamation tion officially officially classify classifying ing the reclaimed reclaimed lands lands as alienable and disposable). 4. W/N the transfer transfer of of reclaimed reclaimed lands lands to RBI is is void since since it did did not undergo undergo public public bidding bidding but but by negotiated contract. 5. W/N RBI, RBI, being a private private corpora corporatio tion, n, is barred barred by the Consti Constitut tution ion to acquire acquire lands lands of public public domain. Held/Ratio: 1. YES. Although PEA was designated under EO 525 as the agency primarily responsible for
integrating, directing, and coordinating all reclamation projects, its charter does not mention not mention that it has the exclusive and sole power and authority to reclaim lands of public domain. In fact, EO 525 provides that reclamation projects may also be undertaken by a national government agency or entity authorized by its charter to reclaim land. There are 3 requisites to a legal and valid reclamation project: a. appr approv oval al by the the Pres Preside ident nt;; b. favorable recommendation of PEA; and c. unde undert rtak aken en by any any of of the the ff: ff: i. PEA ii. any person person or entity entity pursuant pursuant to a contract contract it execute executed d with PEA PEA iii. the National government agency or entity authorized under its charter to reclaim lands subject to consultation with PEA . Applying the above requirements, the SC concluded that the Project has met all 3 requirements: a. There was ample approval by the President of the Philippines. Presidents Aquino and Ramos issued Proclamations approving and implementing the reclamation of lands.
b. There was an implied grant of a favorable endorsement of the reclamation phase from PEA. This is shown in the fact that PEA was a member of the EXECOM which was in charge of overseeing the implementation of the P roject. c. The reclamation was undertaken by the NHA, a national government agency authorized to reclaim lands under its charter and other laws. While the charter of NHA does not explicitly mention “reclamation” in any of its listed powers, such power is implied since it is vital or incidental to achieving the objective of an urban land reform and housing program. 2. YES. The DENR exercises exclusive jurisdiction on the management and disposition of all lands
of the public domain. As such, it decides whether areas, like foreshore or submerged lands, should be reclaimed or not and whether they should be classified as alienable and disposable. In this case, when the President approved and ordered the development of a housing project with the corresponding reclamation work, making DENR a member of the EXECOM (committee tasked to implement the project), the required authorization from the DENR to reclaim land can be deemed satisfied. Also, the issuance of the Environmental Compliance Certificates by the DENR shows its ratification of the reclamation project. 3. YES. When Proclamations Nos. 39 (placed the lands under the administration and disposition of
the NHA) and 465 (increased the reclamation area from 40 hectares to 79 hectares) were issued, the inalienable lands covered by said proclamations were converted to alienable and disposable lands of public domain . Furthermore, when the titles to such reclaimed lands were transferred to the NHA, said alienable and disposable lands of public domain were automatically classified as lands of the private domain or patrimonial properties of the State. The reason is obvious: if the reclaimed land is not converted to patrimonial land once transferred to NHA, then it would be useless to transfer it to the NHA since it will not be able to transfer such lands to qualified entities and thus, it will not achieve its p urpose.
4. VALID. VALID. Since Since the lands lands reclaim reclaimed ed became became patrim patrimoni onial al properti properties es of the State State upon upon transfer transfer of their titles to the NHA, the latter can therefore legally transfer them to RBI or to any other intere intereste sted d qualif qualified ied buyer buyer without without any biddin bidding. g. Unlike Unlike the PEA, PEA, the NHA is a govern governmen mentt agency not tasked to sell lands of the public domain.
5. NO. RA 6957, 6957, as amen amende ded d (BOT (BOT Law), Law), state statess that that a cont contra ract ctor or can be paid paid “a porti portion on as percentage of the reclaimed land” subject to the constitutional requirement that only Filipino citizens or corporations with at least 60% Filipino equity can acquire the same. In this case, RBI is a private corporation wherein Filipino citizens own at least 60% of i ts shares.
