Title
Enforcement of Proclamation No. 94, 1966
Law
Letter Of Instruction No. 1052
Decision Date
Aug 5, 1980
A letter of instructions is issued to resolve a legal controversy regarding the interpretation of two proclamations, directing the enforcement of one proclamation and excluding certain portions of land from another, allowing for the disposition and sale of the segregated land.
A

Questions (LETTER OF INSTRUCTION NO. 1052)

LOI No. 1052 is issued to enforce Proclamation No. 94 (1966) and to resolve and terminate the legal controversy arising from the interpretation of Proclamation No. 469 (1965) in relation to Proclamation No. 94 (1966).

Proclamation No. 94, series of 1966.

Proclamation No. 469, series of 1965.

It directs the enforcement of Proclamation No. 94, specifically excluding certain portions of land specified therein from the operation of Proclamation No. 469.

Yes. LOI No. 1052 states that Lots 1, 2, 3, 4, 5, and 6 are already subject to existing private and/or vested rights acquired before the effectivity of the 1973 Constitution, which is significant because these rights prevent a blanket application of the proclamations affecting those lands.

To identify the cutoff for private and/or vested rights: rights acquired before the 1973 Constitution’s effectivity are recognized as existing, and thus disposition and sale may proceed under the Public Land Act for the segregated land.

It directs agencies to proceed and continue immediately with the disposition and sale of the segregated land under the provisions of the Public Land Act.

The Minister of Natural Resources, the Director, Bureau of Lands, and all government agencies concerned.

LOI No. 1052 states that the controversy arises from the context and interpretation of Proclamation No. 469 in relation to Proclamation No. 94; it therefore mandates enforcement of Proclamation No. 94 excluding specified portions from Proclamation No. 469.

It suggests that specified portions of land covered by Proclamation No. 94 are carved out so that Proclamation No. 469 will not apply to them.

It refers to the portions of land identified in Proclamation No. 94 and excluded from Proclamation No. 469, thereby segregated for separate disposition under the Public Land Act.

The Public Land Act.

It is dated August 5, 1980, and it states it was done in the City of Manila.

It supports the recognition that certain land already has rights established prior to a constitutional benchmark, which affects how proclamations should be applied and how government disposition must proceed.


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