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

Legal basis: Proclamation No. 94 and linkage to Proclamation No. 469

  • The Letter of Instruction is expressly issued pursuant to Proclamation No. 94, series of 1966.
  • The enforcement is carried out in order to exclude certain portions of land specified in Proclamation No. 94 from the operation of Proclamation No. 469.
  • The Letter of Instruction specifically resolves the controversy involving how Proclamation No. 469 applies when read together with Proclamation No. 94.

Exclusion of land portions from Proclamation No. 469

  • Agencies must enforce Proclamation No. 94, series of 1966 by excluding the land portions identified in that proclamation from Proclamation No. 469, series of 1965.
  • Lots 1, 2, 3, 4, 5 and 6 identified in Proclamation No. 94 are treated as segregated land for purposes of application of the proclamations.

Treatment of segregated lots and private vested rights

  • The Letter of Instruction directs that Lots 1, 2, 3, 4, 5 and 6 in Proclamation No. 94 are already subject to existing private and/or vested rights.
  • Those existing private and/or vested rights are recognized as having been acquired before the effectivity of the 1973 Constitution.
  • The Letter of Instruction orders the concerned agencies to proceed and continue with disposition and sale of the segregated land consistent with those recognized rights.

Required action under the Public Land Act

  • Agencies must proceed and continue immediately with the disposition and sale of the segregated land.
  • The disposition and sale of the segregated land must be conducted under the provisions of the Public Land Act.
  • The Letter of Instruction ties the continuation of disposition and sale to the segregation created by Proclamation No. 94 and the exclusion from Proclamation No. 469.

Authority and execution

  • The directive is issued by President Ferdinand E. Marcos, whose signature appears on August 05, 1980.
  • The Letter of Instruction is addressed to the Minister of Natural Resources and the Bureau of Lands, with instructions to include all government agencies concerned.
  • Execution is framed as immediate enforcement and immediate continuation of sale/disposition for the segregated lots.

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