Chavez v.

Public Estates Authority, 384 SCRA 152

Facts:

President Marcos established PEA through a presidential decree, and it was

responsible with developing, improving, and acquiring, leasing, and selling
various types of lands. The previous president also transferred to PEA the
beachfront and offshore properties of Manila Bay under the Manila–Cavite
Coastal Road and Reclamation Project.
Following that, PEA was granted a patent for the reclaimed land, and years
later, PEA entered into a joint venture agreement with AMARI to develop the
Freedom Islands. In the absence of public bidding, the two formed a joint
venture.
Frank I. Chavez, a taxpayer, filed the current Mandamus petition in 1998,
along with a prayer for the issuance of a Writ of Preliminary Injunction and
Temporary Restraining Order.
The petitioner claims that if PEA sells the reclaimed lands to AMARI, the
government will lose billions of pesos in revenue. The petitioner accuses AMARI
of violating Section 3, Article XII of the 1987 Constitution, which prohibits the
sale of alienable public-domain property to private enterprises.
However, the court denied his application for a TRO.

Issue:
WON there is a violation of the 1987 constitution

Ruling:

Yes, The Regallian Doctrine was established in the 1935, 1973, and 1987
Constitutions, with the State taking over ownership of all public domain lands
and rivers from the King. It is a long-standing land ownership idea that "all
lands that were not acquired from the government, either by purchase or grant,
belong to the public domain."

AMARI, as a private corporation, cannot purchase the recovered Freedom

Islands, which are alienable public domain lands, except by lease, as permitted
in Section 3 of Article XII of the Constitution.
The decision does not prevent private firms from participating in reclamation
initiatives and receiving compensation for their efforts. However, the decision
precludes private entities from acquiring restored public-domain property.