CHAVEZ

vs.
PUBLIC ESTATES AUTHORITY (PEA) AND AMARI
COASTAL BAY DEVELOPMENT CORPORATION
(AMARI)
[G.R. No. 133250. July 9, 2002]
 FACTS

Public
Estates AMARI
Authority

Joint Venture
Agreement
1) It covers 750-hectare project.
2) The development of already reclaimed areas
(Freedom Islands).
3) Reclamation of submerged areas.
4) AMARI and PEA will share, in the proportion of 70%
and 30%, in the total areas reclaimed.
 157.85

592.15

 The JVA covers a reclamation project of 750-hectares.

 157.84 hectares of the 750-hectare reclamation project have
been reclaimed (Freedom Islands)
 592.15 hectares are still submerged areas forming Manila Bay.
 AMARI will acquire and own a maximum of 367.5 hectares of
reclaimed land which will be titled in its name.
 ISSUE

What is the classification of the reclaimed

lands (freedom islands) and the submerged
areas?
 RULING
Art. 420. The following things are property Article 422. Property of public

of public dominion: dominion, when no longer intended

for public use or for public service,
(1) Those intended for public use, such as
shall form part of the patrimonial
roads, canals, rivers, torrents, ports and
property of the State
bridges constructed by the State, banks,
shores, roadsteads, and others of similar
character;

(2) Those which belong to the State,

without being for public use, and are
intended for some public service or for
the development of the national wealth.
 PROCEDURES BEFORE THE PROPERTY OF PUBLIC DOMINION
BEFORE THE SAME COULD BE CLASSIFIED AS PATRIMONIAL
PROPERTY OF THE STATE

RECLAIMED LAND SUBMERGED AREAS

1.Classification that these
lands are alienable or
disposable and open to
disposition;
2.A Declaration that these
lands are not needed for
public use or public
service or development of
national wealth.
1.Reclamation of the land;
2.Classification that these lands
are alienable or disposable
and open to disposition;
3.A Declaration that these
lands are not needed for
public use, public service or
development of national
wealth.

Lands of public dominion cannot , without congressional fiat, be subject of a sale.

 RULING

a) FREEDOM ISLANDS: Alienable and disposable

lands of public domain.
A PD 1085 and Pres Aquino’s actual issuance of a
special patent is equivalent to an official proclamation
classifying as an alienable or disposable lands of the
public domain, open to disposition or concession to
qualified parties.
b. SUBMERGED AREAS: Inalienable Natural
Resources of Public Domain.
 In the present case, the 592.15 hectares
are still submerged areas. Therefore, the
same are inalienable and outside the
commerce of man.