QuestionsQuestions (PROCLAMATION NO. 1035)
The authority comes from Republic Act No. 7916, the “Special Economic Zone Act of 1995,” as amended.
It designates 337,650,000 square meters as the CSEZ area.
Presidential Proclamation No. 163 is referenced as defining the area covered by the Clark Special Economic Zone.
Covered: lands within the Clark military reservations, including Clark Air Base proper and portions of the Clark reverted baselands, excluding areas in the reverted baselands reserved for military use.
They include (1) Clark Air Base proper (4,440 hectares) and (2) portions of Clark reverted baselands—Zone A (7,205), Zone B net of excluded transmitter station/resettlement (3,052), and Zone D net of excluded Sacobia/resettlement (13,344). These sum to 23,601 hectares plus 4,440 hectares, for a total CSEZ area of 28,041 hectares (subject to actual survey).
Excluded areas include: Pinatubo Commission resettlement sites (Zones B & D) under Proclamations 812 and 813; Sacobia Development Authority resettlement project in Zone D under Proclamation 1955; DND/military use areas (OaDonnell Transmitter Station, OaDonnell Excepted Area, and Zone C/Crow Valley); and DAR (Department of Agrarian Reform) areas (Zones E, F, and G).
It means the proclaimed boundaries/areas are approximate and may change after ground surveys. Legally, this limits disputes by clarifying that final technical metes-and-bounds will be based on actual survey by the competent authority.
The Bases Conversion and Development Authority (BCDA) is established as the governing body pursuant to Section 15 of R.A. 7227.
It declares that the Clark Air Base proper (4,440 hectares) and portions of Clark reverted baselands (23,601 hectares), totaling 28,041 hectares, are transferred to the BCDA, which then determines utilization and disposition.
The proclamation states that areas inside Clark Air Base proper intended for military use and for specific institutions/needs (Mt. Pinatubo Assistance, Resettlement and Development Commission, University of the Philippines, and other institutions) shall be delineated and covered by separate Memoranda of Agreements between BCDA and relevant agencies (including DND/AFP, Pinatubo Commission, UP, and others), subject to final approval of the President.
It redefines the CSEZ to include an additional 5,724-hectare property known as Sacobia located in Bamban, Tarlac and Mabalacat, Pampanga, and places it under management/control consistent with the CSEZ framework.
It cites CDC development objectives, alignment with Sacobia Development Authority objectives, the desire to alleviate economic conditions of surrounding communities, and investor interest in agri-business—aiming to make Sacobia a “food basin” supporting the CSEZ and broader economy.
It notes Sacobia parcels are “subject to the final survey and delineation” by DENR using the referenced survey plan, and that “vested rights and valid ancestral domain claims” within Sacobia shall be respected as verified and validated by DENR and other agencies.
R.A. 7916 provides the framework for SEZ creation and incentives, while R.A. 7227 (Bases Conversion and Development Act) created BCDA and provides BCDA’s governance role over conversion and related zones, including CSEZ governance under Section 15.
Proclamation No. 805 states that the Province of Tarlac and the municipalities of Bamban, Tarlac, and Mabalacat, Pampanga, through resolutions of their respective provincial and municipal boards, signified their concurrence to have Sacobia included in the CSEZ.