Alde v. City of Zamboanga
REITERATIONFacts
The Antecedents: Eulogio Alde filed a Miscellaneous Lease Application (MLA) for two lots totaling 805 square meters, previously leased to Clarita Chan until July 17, 1994. Executive Order No. 285, Series of 1987, transferred control and possession of these lots to the Department of Environment and Natural Resources (DENR). The lots were appraised as commercial properties with an appraised value of ₱6,475,000.00 and a determined annual rental rate of ₱174,250.00. Procedural History: The Regional Executive Director (RED) of DENR-Region IX approved the appraisal and granted authority to lease. A Notice of Lease was published, and Alde, as the lone bidder, was declared winner and paid 10% of the bid price. The Department of Public Works and Highways (DPWH) interposed no objection to the MLA, provided a 4.0-meter reservation for future widening. The RED issued an Order of Award on July 2, 2003. The City Government of Zamboanga objected, claiming the lots were needed for public use and that publication requirements were not met. The City filed an opposition (DENR Case No. 8361), which was recommended for dismissal by an investigating committee. The DENR Secretary denied the City's opposition and gave due course to the Order of Award. The City's motion for reconsideration was denied. The Office of the President (OP) affirmed the DENR Secretary's decision. The City then filed a Petition for Review with the Court of Appeals (CA). The CA reversed the OP's decision, declaring the Order of Award null and void for lack of jurisdiction, ruling that a presidential proclamation was necessary to declare the land not needed for public service and that publication requirements were not met. The Petition: Alde filed a Petition for Review on Certiorari under Rule 45 of the Rules of Court assailing the CA's Decision and Resolution.
Issue(s)
Whether a presidential proclamation is the exclusive mode to declare public land under Section 59(d) of Commonwealth Act No. 141 as not necessary for public use or service. Whether there was substantial compliance with the posting and publication requirements for the lease of public land.
Ruling
The Supreme Court granted the Petition, reversed and set aside the Decision and Resolution of the Court of Appeals, and ordered that Miscellaneous Lease Application No. 097332-10 be given due course with dispatch.
Ratio Decidendi
On the necessity of a presidential proclamation: The Court held that while a declaration that public land under Section 59(d) of the Public Land Act is not necessary for public use or service is required before it can be leased, this declaration need not exclusively be in the form of a presidential proclamation. The Court clarified that the word "decided" in Section 63 of the Public Land Act admits of legal scenarios beyond a strict presidential proclamation requirement. An administrative action by the Office of the President, upon recommendation of the DENR Secretary, constitutes a valid presidential declaration. This is supported by jurisprudence recognizing that a positive act of the government, which can be an executive order, an administrative action, or even legislative acts, can prove that a public land is alienable and disposable. Therefore, the OP's administrative action, based on the DENR Secretary's recommendation, validly declared the subject lots disposable through lease, complying with the administrative requirements. On substantial compliance with posting and publication requirements: The Court disagreed with the CA's finding that the posting and publication requirements were not complied with. The Certificate of Publication from the National Printing Office showed the Notice of Lease was published in the Official Gazette for six consecutive weeks. Furthermore, it was published in the provincial newspaper, Zamboanga Star, for three consecutive weeks. The Court found this to be substantial compliance. The Court also noted that the MLA remains valid even beyond the posting and publication period as it is an action quasi in rem, meaning the City Government of Zamboanga was not without recourse and could assert its interest after the lease expired. The Court emphasized that the City Government failed to present any evidence reserving the lots for public use, and the power to classify public lands as alienable and disposable rests with the President and DENR Secretary, not local government units. To deny Alde the lease after he complied with the requirements would undermine public trust.
Main Doctrine
While a presidential declaration is required to declare public land under Section 59(d) of the Public Land Act as not necessary for public use or service before it can be leased, such declaration need not exclusively be in the form of a presidential proclamation; an administrative action by the Office of the President, upon recommendation of the DENR Secretary, suffices. Furthermore, substantial compliance with posting and publication requirements for the lease of public land is sufficient.