DOJ Opinion No. 070, s. 2000

DOJ OPINION NO. 070 , s. 2000 August 17, 2000 Mr. Juan O. Pea General Manager Philippine Ports Authority Marsman Bldg., 22 Muelle de San Francisco Gate 1, South Harbor, Port Area, Manila Sir : This has reference to your request for legal opinion on the ownership over the area being occupied by the Bureau of Customs (BOC) within the port zone of the Philippine Ports Authority (PPA), PMO Dumaguete, Dumaguete City, consisting of 1,705 square meters. You state that the aforesaid area, a foreshore area, was allocated by the City Council of Dumaguete to the BOC per its Resolution No. 15 dated January 17, 1974 and had been declared in the BOC under Tax Declaration No. 23-0441. It is your view that upon the coming into effect of P.D. No. 857, as amended, otherwise known as the Revised Charter of the Philippine Ports Authority, the right of the BOC over the subject area was subsequently transferred to PPA, pursuant to the following provisions of the said law, to wit: "SECTION 30. Transfer of Existing and Completed Physical Facilities . In accordance with the transitory provisions of this Decree, there shall be transferred to the Authority all existing and completed public port facilities, quays, wharves, docks, lands, buildings and other property, movable or immovable, belonging to those ports declared as Port Districts for purpose of this Decree. SECTION 31. Transfer of Intangible Assets . In accordance with the transitory provisions of this Decree, there shall be transferred to the Authority all intangible assets, powers, rights, foreshore rights, interests and privileges belonging to the Bureau of customs, and Bureau of Public Works (now Department of Public Works and Highways) and other agencies relating to port works or port operation, subject to terms to be arranged by and between the Authority and agencies concerned. Any disagreement relating to such transfer shall be elevated to the President for decision." (Emphasis supplied). The Port Collector of Custom in Dumaguete however, is of the opinion that the BOC is the owner of the subject area and consequently denied your request to occupy the portion of said area for the construction of the Terminal/PICO Office. Hence, the instant query. IEcDCa It is believed that the resolution of the instant query involves not so much on interpretation of the aforequoted provisions of P.D. No. 857 as a determination of factual issue on which of the two agencies PPA or BOC has the right ownership over the subject property. This office is, however, not in a position to resolve this question not only because it is not possession of sufficient evidence to support a conclusion, but also because of the well-settled practice of the Secretary of Justice to refrain from rendering opinion on cases involving the determination of questions of fact (Opns., Secretary of Justice No. 7, s. 1972; No. 67, s. 1984, and No. 5, s. 1985). You may however, if you desire, seek recourse under the provisions of Presidential Decree No. 242 (entitled "Prescribing the Procedure for Administrative Settlement or Adjudication of Disputes, Claims and Controversies Between and Among Government Offices, Agencies or Instrumentalities, Including Government Owned or Controlled Corporation . . . ), as adopted under Book IV, Chapter 14 of the Revised Administrative Code of 1987 (E.O. No. 292). Very truly yours, (SGD.) ARTEMIO G. TUQUERO Secretary