The Ordinance Power of the President provided under chapter 2, Book III of Executive

Order No. 292 states that the President may issue any of the following:

Sec. 2. Executive Orders.Acts of the President providing for rules of a general or permanent
character in implementation or execution of constitutional or statutory powers shall be
promulgated in executive orders.

Sec. 3. Administrative Orders.Acts of the President which relate to particular aspects of

governmental operations in pursuance of his duties as administrative head shall be promulgated
in administrative orders.

Sec. 4. Proclamations. - Acts of the President fixing a date or declaring a status or

condition of public moment or interest, upon the existence of which the operation of a
specific law or regulation is made to depend, shall be promulgated in proclamations
which shall have the force of an executive order.

Sec. 5. Memorandum Orders. - Acts of the President on matters of administrative detail

or of subordinate or temporary interest which only concern a particular officer or office
of the Government shall be embodied in memorandum orders.

Sec. 6. Memorandum Circulars.Acts of the President on matters relating to internal

administration, which the President desires to bring to the attention of all or some of the
departments, agencies, bureaus or offices of the Government, for information or compliance,
shall be embodied in memorandum circulars.

Sec. 7. General or Special Orders.Acts and commands of the President in his capacity as
Commander-in-Chief of the Armed Forces of the Philippines shall be issued as general or special
orders.

Based on the foregoing, the Ordinance Power of the President authorizes him to create
presidential issuances, which include executive orders, administrative orders, proclamations,
memorandum orders, memorandum circulars, and general and special orders. It is well-
settled that these issuance have the force and effect of laws. Executive orders and
proclamations are of a general permanent character in implementation or execution of
constitutional or statutory powers.

In the CHAVEZ v. NHA case, there were three presidential proclamations which
classified the reclaimed lands from public to patrimonial, hence open to disposition, are the
following:

1. Memorandum Order No. 415 dated January 17, 1992 which was issued by former
President Cory Aquino DIRECTING THE NATIONAL HOUSING AUTHORITY TO
IMPLEMENT THE SMOKEY MOUNTAIN DEVELOPMENT PLAN AND UNDERTAKE THE
RECLAMATION OF THE AREA ACROSS R-10 AND CREATING AN EXECUTIVE
COMMITTEE TO OVERSEE ITS IMPLEMENTATION
2. Proclamation No. 39 dated September 09, 1992 which was issued by former
President Fidel V. Ramos RESERVING CERTAIN PARCELS OF LAND OF THE PUBLIC
DOMAIN SITUATED IN THE DISTRICT OF TONDO, CITY OF MANILA, FOR HOUSING
AND RELATED COMMERCIAL/INDUSTRIAL DEVELOPMENT
3. Proclamation No. 465 dated August 31, 1997 which was issued by former
President Fidel V. Ramos INCREASING THE AREA OF FORESHORE AND
SUBMERGED LANDS TO BE RECLAIMED FROM MANILA BAY AS AUTHORIZED UNDER
PROCLAMATION NO. 39 (s. 1992)
 These proclamations did not expressly declare that the reclaimed lands are classified
as alienable and disposable. However, such conclusion is derived and implicit from the
authority given to the NHA to transfer the reclaimed lands to qualified beneficiaries. 1

In addition with the issuance of the special patents nos. 3591, 3592 and 3598, the
declaration of the reclaimed lands as alienable and disposable became official. In the
case of Chavez v. PEA2, the issuance of the special patent was deemed equivalent to an
official proclamation classifying the lands as alienable and disposable. The pertinent
portion of which is quoted as follows:

PD No. 1085, coupled with President Aquinos actual issuance of a special

patent covering the Freedom Islands, is equivalent to an official proclamation
classifying the Freedom Islands as alienable or disposable lands of the public
domain. PD No. 1085 and President Aquinos issuance of a land patent also
constitute a declaration that the Freedom Islands are no longer needed for
public service. The Freedom Islands are thus alienable or disposable lands of
the public domain, open to disposition or concession to qualified parties.

Thus, the issuance of the three presidential proclamations by former President Cory
Aquino and former President Fidel V. Ramos and the subsequent issuance of the three
special patents more than satisfy the requirement that there must be a law or presidential
proclamation officially classifying these reclaimed lands as alienable or disposable and open
to disposition or concession.3

1 FRANCISCO I. CHAVEZ v. NATIONAL HOUSING AUTHORITY, R-II BUILDERS INC., R-II HOLDING INC., HARBOUR CENTRE PORT
TERMINAL, and MR. REGHIS ROMERO II (GR No. 164527 dated August 15 2007)

2 FRANCISCO I. CHAVEZ v. PUBLIC ESTATES AUTHORITY and AMARI COASTAL BAY DEVELOPMENT CORPORATION ( GR No.
133250 dated July 9 2002)

3 Ibid