Land Exclusion in Kapalong, Davao Opened for Disposition

Section 88 of Commonwealth Act No. 141, as amended authorizes the President to exclude a specified portion of land from a prior proclamation and open it for disposition under the Public Land Act.
Proclamation No. 414, series of 1931 is the prior presidential issuance whose operation is partially excluded.
The land excluded from Proclamation No. 414 is treated as governed by Commonwealth Act No. 141 for disposition purposes.
The proclamation is implemented through a specific identification of the land portion using a Bureau of Lands plan and survey data.

The proclamation’s purpose is to open a designated portion of land in Kapalong for disposition under the Public Land Act.
The proclamation accomplishes its purpose by excluding the specified land portion from the coverage of the earlier proclamation that would otherwise govern it.
The proclamation’s operative effect is to make the land eligible for disposition under Commonwealth Act No. 141.

The land covered by the proclamation is situated in the Municipality of Kapalong, Province of Davao, Island of Mindanao.
The land is located in the barrio of Sampao.
The land forms “a certain portion of the land embraced” in Proclamation No. 414, series of 1931, and is therefore carved out from that earlier coverage.
The excluded land is described by reference to Bureau of Lands plan SC-V-12067-D.
The plan is identified with the name “(Sagana Plantation, Incorporated)”.

The land is a parcel of land shown on Plan SC-V-12067-D and tied to a G.L.R.O. Record No. a (as indicated in the description).
The parcel is bounded on the N. by lot 1370, Kapalong cadastre, Sampao River, and lot 1370, Kapalong cadastre.
The parcel is bounded on the E. by lot 1370, Kapalong cadastre, Sampao River, and lots 1370 and 1165, Kapalong cadastre.
The parcel is bounded on the S. by lot 1370, Kapalong cadastre.
The parcel is bounded on the W. by lot 1370, Kapalong Cadastre.
The parcel contains an area of 5,479,327 square meters, more or less.

The land description begins at a point marked 1 on the plan, described as “N. 12A 41a2 W., 9043.20 meters, from M.B.M., 2, Kapalong cadastre 284”.
The boundary is defined by a sequence of course directions and distances from points 1 through the point of beginning, including points 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and continuing through points 12 to 53 as set out in the proclamation.
The description provides that bearings are true and that declination is 2A 01a2 E.
The proclamation identifies boundary monument references:
- Points 10 and 11 are marked by cyclon construction monuments marked PADCO.
- Points 34 to 41, inclusive, are marked by stakes.
- The rest are marked by P.L.S. cyclone construction monuments.
The proclamation states the date of survey as June 11-12 and September 25-26, 1952, and the approval date as November 29, 1952.

The proclamation excludes the specified parcel from the operation of Proclamation No. 414, series of 1931.
The proclamation declares the excluded portion of land open to disposition under the provisions of Commonwealth Act No. 141.
The disposition coverage follows the statutory rules of the Public Land Act because the proclamation expressly directs disposition under Commonwealth Act No. 141.

The proclamation is signed by ELPIDIO QUIRINO, President of the Philippines.
The proclamation is countersigned by MARCIANO ROQUE, Acting Executive Secretary.
The proclamation is sealed and executed under the formal acts of the Republic of the Philippines.