PROCLAMATION NO. 402, June 27, 1953

RELEASING FROM THE OPERATION OF PROCLAMATION NUMBERED 284 DATED JULY 19, 1938, ALL THE PARCELS OF LAND DESCRIBED THEREIN EXCEPT THE AREAS PARTICULARLY DESCRIBED HEREUNDER, SITUA…

Presidential Proclamations June 27, 1953



Whereas, petitions have been filed for the
release of several parcels of land situated in the municipalities of Kabasalan
and Margosatubig, Province of Zamboanga del Sur, Island of Mindanao,.Philippines,
from the coal mining reservation established under Proclamation No. 284, dated
July 19, 1938;

WHEREAS, under Commonwealth Act No. 553, the
aforesaid mining reservation was granted to the National Development Company
for coal exploration, development, exploitation and. utilization purposes;

WHEREAS, the National Development Company and the
Bureau of Mines, after geological exploration, have found that, except the
areas particularly described hereunder, the other parcels of land reserved
under the aforesaid proclamation do not contain sufficient coal deposits for
the purposes of the reservation; and

Whereas, under the provisions of section 11 of
Commonwealth Act No. 137, as amended, otherwise known as the Mining Act, the
President may, with the concurrence of the National Assembly now the Congress
of the Republic of the Philippines, by proclamation, alter or modify the
boundaries of any mineral reserve from time to time or revoke any such
proclamation, and upon such alteration, modification or revocation, such
portion or portions of the reserve excluded therefrom or such, reserve, as the
case may be, shall be and become part of the public domain as though no such
proclamation had ever been made;

NOW, THEREFORE, I Elpidio Quirino, President of
the Philippines, by virtue of the powers vested in me by law, and upon the
recommendation of the Secretary, of Agriculture and Natural Resources pursuant
to the provisions of section II of Commonwealth Act No. 137, as amended, do
hereby release from the operation of Proclamation No. 284, dated July 19, 1938,
and declare reverted to the public domain all the parcels of land described
therein except the areas particularly described hereunder, situated in the
municipalities of Kabasalan and Margosatubig, Province of Zamboanga del Sur,
Island of Mindanao, to wit:

Parcel I

Beginning at Ticauan point on the shore of
Sibuguey Bay, Province of Zamboanga; thence northeast 2,700 meters more or
less, to location monument No. 1, municipality of Kabasalan; thence, due east
19,700 meters, more or less, to the point of intersection with the line drawn
due north from the mouth of Lapilauan River; thence, due south 18,500 meters,
more or less, to the south of Lapilauan River; thance, southwest from the mouth
of Lapilauan River to the mouth of Lambuyagan River; thence, southwest along
the shoreline of Tantanang Bay to the apex of Saohg Bay; thence, northwest to
the barrio of Kamarao, on the shore of Sibuguey Bay; thence, northwest,
following the eastern shoreline of Sibuguey Bay to Ticauan Point, which is the
point of beginning.

Containing an approximate area of 36,000
hectares.

Parcel II Malangas
Port Terminal

Beginning at a point marked 1 on plan Bsm-44,
being N. 82° 56′ W., 825.76 meters, more or less, from B.L.B.M. No. 2, barrio
of Kagay, municipal district of Malangas, (now within the municipality of
Margosatubig), Zamboanga; thence S. 73° 20′ E., 127.42 meters to point 2:
thence, S; 15° 01′ E., 104.12 meters, to point 3; thence, S. 55° 09′ E., 160.29
meters to point 4; thence, N. 37° 00′ E., 120.00 meters to point 5; thence, S.
21° 07′ W., 165.73 meters to point 6; thence, N. 71° 31′ W., 92.48 meters to
point 7; thence, N. 44° 49′ W., 101.91 meters to point 8; thence, N.’ 35° 42′
W., 228.90 meters to point 1, which is the point of beginning.

Containing an area of 2.3151 hectares.

To protect and safeguard the best interest and
welfare of the State in case coal deposits of commercial value are discovered
in the released areas, the Government of the Republic of the Philippines hereby
reserves in favor of the National Development Company, not only the right to
mine and extract the coal that may hereafter be discovered within the areas
hereby released upon payment of compensation only for improvements introduced
in faith on the premises, but also a road-right-of with 100 meters wide, same
to be determined later by the company to enable it to have an exit to
Dumanquilas Bay. No timber in the released areas shall be cut without a permit
first had and obtained for the purpose from the Engineers of the Malangas Coal
Mines of the National Development Company.

This proclamation shall not take effect until it
is concurred in by a resolution of the Congress of the Philippines duly adopted
for the purpose.

IN WITNESS WHEREOF, I have hereunto set my hand
and caused the seal of the Republic of the Philippines to be affixed.

Done in the City of Manila, this 27th day of
June, in the year of Our Lord, nineteen hundred and fifty-three, and of the
Independence of the Philippines, the seventh.

ELPIDIO QURINO
President of the Philippines

By the President:
MARCIANO ROQUE
Acting Executive Secretary

 

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