Beruflich Dokumente
Kultur Dokumente
not apply to PEA since it was then, and until today, a fully
owned government corporation. The constitutional ban
applied then, as it still applies now, only to private
corporations and associations. PD No. 1084 expressly
empowers PEA to hold lands of the public domain
even in excess of the area permitted to private
corporations by statute. Thus, PEA can hold title to
private lands, as well as title to lands of the
public domain.
In order for PEA to sell its reclaimed foreshore and
submerged alienable lands of the public domain, there
must be legislative authority empowering PEA to sell these
lands. This legislative authority is necessary in view of
Section 60 of CA No.141, which states
Sec. 60. x x x; but the land so granted, donated or
transferred to a province, municipality, or branch or
subdivision of the Government shall not be alienated,
encumbered or otherwise disposed of in a manner
affecting its title, except when authorized by
Congress; x x x. (Emphasis supplied)
Without such legislative authority, PEA could not sell but
only lease its reclaimed foreshore and submerged alienable
lands of the public domain. Nevertheless, any legislative
authority granted to PEA to sell its reclaimed alienable
lands of the public domain would be subject to the
constitutional ban on private corporations from acquiring
alienable lands of the public domain. Hence, such
legislative authority could only benefit private individuals.
Dispositions under the 1987 Constitution
SO ORDERED.
Davide, Jr., C.J., Bellosillo, Puno, Vitug, Kapunan,
Mendoza, Panganiban, Quisumbing, Ynares-Santiago,
Sandoval-Gutierrez, Austria-Martinez, and Corona, JJ.,
concur.