Pnoc VS Keppel
Pnoc VS Keppel
GR NO 202050
FACTS: HELD:
Respondent Keppel Philippines Holdings, Inc. (Keppel) entered into a lease
agreement with Luzon Stevedoring Corporation (Lusteveco) The Court affirms the constitutionality of the Agreement.
The lease was for a period of 25 years for a consideration of P2.1 million. At
the option of Lusteveco, the rental fee could be totally or partially converted No private land shall be transferred, assigned, or conveyed except to individuals,
into equity shares in Keppel. corporations, or associations qualified to acquire or hold lands of the public domain.
At the end of the 25-year Jease period, Keppel was given the "firm and Consequently, only Filipino citizens, or corporations or associations whose capital is
absolute option to purchase8the land for P4.09 million, provided that it 60% owned by Filipinos citizens, are constitutionally qualified to own private lands.
had acquired the necessary qualification to own land under Philippine
laws at the time the option is exercised. As the corporation was Filipino The agreement was executed to enable Keppel to use the land for
owned by less than 60%. its shipbuilding and ship repair business.
If, at the end of the 25-year lease period (2001), Keppel remained unqualified Undoubtedly, the establishment and operation of a shipyard business involve
to own private lands, the agreement provided that the lease would be significant investments.
automatically renewed for another 25 years. Lusteveco was not completely denied its ownership rights during the course
Together with Keppel's lease rights and option to purchase, Lusteveco of the lease.
warranted not to sell the land or assign its rights to the land for the duration It could dispose of the lands or assign its rights thereto, provided it secured
of the lease unless with the prior written consent of Keppel. Keppel's prior written consent.