QuestionsQuestions (PROCLAMATION NO. 741)
It supplements prior proclamations by excluding additional portions (~1,677.7575 hectares) of the Surigao Mineral Reservation that are found suitable and utilized for agricultural purposes, and placing those parcels under the jurisdiction of the Department of Agrarian Reform for distribution under CARP.
It supplements Presidential Proclamation Nos. 295 (dated 9 November 1993) and 965 (dated 12 February 1997), which segregated and released portions of land within the Surigao Mineral Reservation for distribution under CARP by the Department of Agrarian Reform.
When the lands are suitable for agriculture and are no longer actually, directly and exclusively used for the specific purpose for which they were reserved (except national parks and other protected areas).
It authorizes the Secretary of Environment and Natural Resources to periodically review mineral reservations and, upon recommendation, the President may by proclamation alter or modify the boundaries or revert the reservation to the public domain, without prejudice to prior existing rights.
To establish factual basis that certain portions of the mineral reservation have low geological potential for minerals and could be reclassified/disposed as agricultural lands, supporting the legal grounds for exclusion and agrarian reform disposition.
Residents and tillers are claming for the exclusion of the subject lands from the mineral reservation and their distribution under CARP.
Parcels suitable for agricultural purposes located in the municipalities of Loreto, Libjo, and Cagdianao, Island of Dinagat, Surigao del Norte, totaling 1,677.7575 hectares (more or less).
It signals that the stated technical descriptions/areas are based on preliminary delineation and may be adjusted after final on-the-ground survey; DAR is tasked to conduct the survey of lands embraced.
Areas classified as timberland, forestland, unclassified public land, or those covered by NIPAS; all rivers and creeks; and all easement requirements under P.D. 705 (as amended), P.D. 1067 (Water Code), R.A. 1273 / C.A. 141 (Public Land Act amendments), and other pertinent laws/rules.
DENR retains jurisdiction over portions covered by public land applications; vested rights in areas subject to the Proclamation are respected.
Because the Proclamation’s authority under the cited executive orders and its own exclusions respect environmental protection constraints and protected area classifications, ensuring exclusions are limited to non-protected, agriculturally suitable lands.
It states that the parcels are excluded from the operation of EO No. 63 (25 June 1914) and Proclamation No. 391 (13 March 1939), meaning those instruments’ reservation/limitations are not applied to the excluded parcels.
The Department of Agrarian Reform (DAR) shall be responsible for the conduct of the survey of the lands embraced by the Proclamation.
By stating that the President’s action is pursuant to Section 7 of R.A. 7942, which explicitly provides that alterations/reversion should be without prejudice to prior existing rights; the Proclamation also repeats the reservation that vested rights are respected.
(1) Existing mineral reservations were previously segregated/released under earlier proclamations; (2) DENR and DAR executed an MOA and conducted geological surveys; (3) Findings support low mineral potential and agricultural suitability/no longer exclusive mineral use; (4) Legal authority under EO 448/EO 506 and Section 7 of R.A. 7942 was invoked; (5) President issues a proclamation excluding specified parcels and placing them under DAR, while excluding protected/environment-sensitive areas and respecting vested rights.