G.R. No. 103882 November 25, 1998 REPUBLIC OF THE PHILIPPINES PHILIPPINES,, petitioner, vs. THE HONORBLE COURT OF PPELS N! REPUBLIC REL ESTTE CORPORTION, re"#o$%e$&", CULTURL CULTURL CENTER OF THE PHILIPPINES, intervenor. G.R. No. 1052'( November 25, 1998 PS) CIT) N! REPUBLIC REL ESTTE CORPORTION, petitioners, vs. COURT OF PPELS *$% REPUBLIC OF THE PHILIPPINES, respondents. Facts: This
case involves two consolidated cases. Republic Act No. 1899 ("RA 1899"), which was approved on June , 19!, authori#ed the recla$ation o% %oreshore lands b& chartered cities and $unicipalities. 'n a& , 19!8, invo*in+ the a %orecited provision o% RA 1899, the asa& -it& -ouncil passed 'rdinance No. 11, %or the recla$ation o% Three undred (/00) hectares o% %oreshore lands in asa& -it&, e$powerin+ the -it& a&or to award and enter into recla$ation contracts, contracts, and prescribin+ ter$s and conditions there%or. The said 'rdinance was a$ended on April 1, 19!9 b& 'rdinance No. 1!8, which authori#ed the Republic Real state -orporation ("RR-") to reclai$ %oreshore lands o% asa& -it& under certain ter$s and conditions. 'n April 2, 19!9, asa& -it& and RR- entered into an A+ree$ent %or the recla$ation o% the %oreshore lands in asa& -it&. 'n 3ece$ber 19, 191, the Republic o% the hilippines ("Republic") 4led a -o$plaint / %or Recover& o% ossession and 3a$a+es with 5rit o% reli$inar& reventive in6unction and andator& 7n6unction. The Answers o% RR- and asa& -it&, dated arch 10 and arch 12, 19, respectivel&, averred that the sub6ect $atter o% said A+ree$ent is within the co$$erce o% $an, that the phrase "%oreshore lands" within the conte$plation o% RA 1899 has a broader $eanin+ than the cited de4nition o% the ter$ in the 5ords and hrases and in the 5ebsters Third New 7nternational 3ictionar& 3ictionar& and the plans and speci4cations o% the recla$ation involved were approved b& the authorities concerned. The court hereb& orders the de%endants, their a+ents, and all persons clai$in+ under the$, to re%rain %ro$ "%urther reclai$in+ reclai$in+ or co$$ittin+ acts o% dispossession or despoliation over an& area within the anila :a& or the anila :a& :each Resort", until %urther orders o% the court. Therea%ter, Therea%ter, a otion to 7ntervene was 4led statin+ inter alia that the& were bu&ers o% lots in the anila :a& area bein+ reclai$ed b& RR-, whose ri+hts would be a;ected b& whatever decision to be rendered in the case. The de%endants and the intervenors then $oved to dis$iss 10 the -o$plaint o% the Republic, Republic, placin+ reliance on nion, 7nc. ("=->") $oved to intervene, alle+in+ as le+al interest in the $atter in liti+ation the avowed purpose o% the or+ani#ation or+ani#ation %or the pro$otion o% +ood +overn$ent in asa& -it&. The trial court eventuall& render a decision in %avor o% de%endant Republic Real state -orporation and 3e%endant asa& -it&. The
Republic then appealed to the -ourt o% Appeals, however, on Januar& 11, 19/, be%ore the appeal could be resolved, residential 3ecree No. /A issued, a$endin+ residential 3ecree No. / statin+ that ?The provisions o% an& law to the contrar& notwithstandin+, the recla$ation o% areas under water, whether %oreshore or inland, shall be li$ited to the National @overn$ent or an& person authori#ed b& it under a proper contract.
All recla$ations $ade in violation o% this provision shall be %or%eited to the
