July 9, 2002
(b) Foreshore;
x x x.
Art. 422. Property of public dominion,
when no longer intended for public use
or for public service, shall form part of
the patrimonial property of the State."
Again, the government must formally declare
that the property of public dominion is no
longer needed for public use or public service,
before the same could be classified as
patrimonial property of the State.59 In the case
of government reclaimed and marshy lands of
the public domain, the declaration of their
being disposable, as well as the manner of
their disposition, is governed by the applicable
provisions of CA No. 141.
Like the Civil Code of 1889, the Civil Code of
1950 included as property of public dominion
those properties of the State which, without
being for public use, are intended for public
service or the "development of the national
wealth." Thus, government reclaimed and
marshy lands of the State, even if not
employed for public use or public service, if
developed to enhance the national wealth, are
classified as property of public dominion.
Dispositions under the 1973 Constitution
The 1973 Constitution, which took effect on
January 17, 1973, likewise adopted the
Regalian doctrine. Section 8, Article XIV of the
1973 Constitution stated that
"Sec. 8. All lands of the public domain,
waters, minerals, coal, petroleum and
other mineral oils, all forces of potential
energy, fisheries, wildlife, and other
natural resources of the Philippines
belong to the State. With the
exception of agricultural,
industrial or commercial,
residential, and resettlement
lands of the public domain, natural
resources shall not be alienated,
Authority as a government
corporation to undertake
reclamation of lands and ensure
their maximum utilization in
promoting public welfare and
interests; and
Whereas, Presidential Decree No. 1416
provides the President with continuing
authority to reorganize the national
government including the transfer,
abolition, or merger of functions and
offices.
NOW, THEREFORE, I, FERDINAND E.
MARCOS, President of the Philippines,
by virtue of the powers vested in me
by the Constitution and pursuant to
Presidential Decree No. 1416, do
hereby order and direct the following:
Section 1. The Public Estates
Authority (PEA) shall be primarily
responsible for integrating,
directing, and coordinating all
reclamation projects for and on
behalf of the National Government.
All reclamation projects shall be
approved by the President upon
recommendation of the PEA, and shall
be undertaken by the PEA or through a
proper contract executed by it with any
person or entity; Provided, that,
reclamation projects of any national
government agency or entity
authorized under its charter shall be
undertaken in consultation with the
PEA upon approval of the President.
x x x ."
As the central implementing agency tasked to
undertake reclamation projects nationwide,
with authority to sell reclaimed lands, PEA took
the place of DENR as the government agency
charged with leasing or selling reclaimed lands
of the public domain. The reclaimed lands
being leased or sold by PEA are not private
lands, in the same manner that DENR, when it
disposes of other alienable lands, does not
dispose of private lands but alienable lands of
the public domain. Only when qualified private
parties acquire these lands will the lands
become private lands. In the hands of the
government agency tasked and
authorized to dispose of alienable of
disposable lands of the public domain,
these lands are still public, not private
lands.
amendment to the
guidelines incorporating
therein a provision which
reads: Those charged,
detained or convicted of
common crimes but who
can establish by sufficient
evidence that they have
actually committed any of
the crimes/offenses
enumerated above may
apply for possible grant of
bail, release or pardon
under these guidelines.
3. Corollary to the constitution of
the Committee, a
Secretariat was also
constituted which was
tasked to process and
evaluate the applications
of those desiring to be
granted pardon or
recommended for release
or bail under the
aforementioned guidelines
and which will recommend
to the Committee those
who qualify under the
guidelines.
4. The members of the
Secretariat are
representatives of the
Office of the Chief State
Prosecutor, the Board of
Pardons and Parole, the
Office of the Chief State
Counsel, the Bureau of
Corrections, the Philippine
National Police Legal
Service, the Judge
Advocates Office-Armed
Forces of the Philippines,
the Office of the Solicitor
General, and the
Commission on Human
Rights (Legal Services).
5. In the processing and
evaluation of the
applications for the grant
of pardon, release or bail, it
was the agreement
between the Secretariat
and counsels for the
applicants who are usually
Presidential Committee,
thru the Executive
Secretary, and upon
recommendation of Chief
Presidential Legal Counsel
Rene Cayetano, for the
Presidential Committee to
exercise better
diligence. (See Annex 1,
and its attachments).
11. The undersigned most
respectfully pray for the
kind indulgence and
understanding of this
Honorable Court on the
matter.
On 18 September 1996, the Court required
Hon. Nilo C. Mariano and Hon. Nestor J.
Ballacillo to submit to this Court a list of the
members of the Secretariat who participated in
the deliberations on the accused-appellants
application for pardon and recommended the
grant thereof, together with a certified true
copy of the agreement between the Secretariat
and the counsel for the applicants for pardon
regarding the filing with the appropriate courts
of motions for the withdrawal of appeals
pending therein. Their Compliance, dated 23
October 1996, stated as follows:
The
Members
of
the
Presidential
Committee for the Grant of Bail, Release or
Pardon and of its Secretariat are admonished to
exercise utmost care and diligence in the
performance of their duty to save the President
from any embarrassment in the exercise of his
power to grant pardon or parole.