[ 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, SITUATED IN THE MUNICIPALITIES OF KABASALAN AND MARGOSATUBIG, PROVINCE OF ZAMBOANGA DEL SUR, ISLAND OF MINDANAO, PHILIPPINES.
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