Topic: Principally/ Primarily/ Exclusively

Case: Chavez v NHA- Gyrsyl

Page 10

Facts:
Subsequent to Corazon Aquinos Memorandum Order No. (MO) 161 which approved and directed the
implementation of the Comprehensive and Integrated Metropolitan Manila Waste Management Plan .
Pursuant to this plan is the Joint Venture agreement between National Housing Authority and R-II
Builders- one of the contractors in the said project which is a private entity. The said plan specifically is to
convert the Smokey Mountain reclamation area and dumpsite into a low- cost housing. In effect, Office of
the Solicitor General represented by Chavez opposes, contending that such is within the sole authority of
the Public Estate Authority.

Issue: Is Chavez contention correct? (is the JVA of the two other party invalid?)

Held
No, PEA pursuant to EO 525 provides that PEA shall be primarily responsible for integrating, directing,
and coordinating all reclamation projects for and on behalf of the National Government subject for the
approval of 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.
The law doesnt seem to indicate exclusive and sole power or authority. In fact the said law provides
requisites to be present when a Government agency or entity may undertake such process.