Legal basis and predecessor reservations
- The proclamation is issued pursuant to Section 14 of Commonwealth Act No. 137, as amended, otherwise known as the Mining Act.
- The proclamation operates to exclude the land from the Baguio Townsite Reservation established under Resolutions of the Philippine Commission dated January 25, 1907 and August 30, 1916.
Policy and statutory purpose
- The proclamation is grounded on the Mining Act rule that lands within a reservation for purposes other than mining may be withdrawn when they are later found to be more valuable for their mineral contents than for the purpose for which the reservation was made.
- The proclamation is supported by findings that the area sought to be excluded is highly mineralized.
- The proclamation’s effect is to open the excluded parcel to disposition under Commonwealth Act No. 137, as amended.
Scope: where the land is located
- The proclamation applies to a parcel of land situated within the Baguio Townsite Reservation.
- The parcel is located in the City of Baguio, island of Luzon.
- The land described is treated as a distinct area for exclusion from the Philippine Commission reservations and for opening to disposition under the Mining Act.
- The proclamation expressly recognizes existing private rights, if any, affecting the land.
Description and acreage of the excluded parcel
- The proclamation excludes a specifically described parcel beginning from a point 1 that is identical to corner 4 of Baguio Townsite Reservation.
- The boundary description runs through points 2 to 11 with the following directions and distances:
- From point 1: S. 10A 42a2 W., 1,396.71 meters to point 2.
- Then West: 393.24 meters to point 3.
- Then north: 587.05 meters to point 4.
- Then N. 49A 10a2 W., 363.76 meters to point 5.
- Then N. 32A 10a2 W., 1,080.29 meters to point 6.
- Then N. 21A 53a2 E., 1,839.75 meters to point 7.
- Then N. 3A 45a2 W., 506.60 meters to point 8.
- Then N. 47A 07a2 W., 351.28 meters to point 9.
- Then N. 41A 42a2 W., 401.59 meters to point 10.
- Then S. 82A 48a2 E., 983.35 meters to point 11.
- Then S. 7A 35a2 E., 3,021.79 meters back to point 1.
- The parcel contains an area of three hundred eighty hectares fifty seven ares and twenty-five centares (380.5725), more or less.
- All points are marked on the ground: point 1 by a concrete monument 20 X 20 centimeters; all the rest by stakes.
- The parcel is bounded:
- On the north by Baguio Townsite Reservation.
- On the east by Big Wedge Mining Co. and Philippine Syndicate.
- On the south by Baguio Townsite Reservation.
- On the west by Camp John Hay Military Reservation and Baguio Townsite Reservation.
- Bearings are true, declination variable, and the date of survey is May 10 to 23, 1950.
What the proclamation does with the land
- The President excludes the described parcel from the operation of the Philippine Commission resolutions dated January 25, 1907 and August 30, 1916.
- The proclamation declares the excluded land open to disposition under the provisions of Commonwealth Act No. 137, as amended (the Mining Act).
- The opening to disposition is subject to private rights, if any there be.
- The opening to disposition is also subject to compensation of existing improvements introduced thereon by public land applicants, if any there be.
Transitory and effectivity condition
- The proclamation’s effectiveness is conditioned so that it shall take effect only upon the concurrence of the Congress of the Philippines.
Execution and signatories
- The proclamation is signed by CARLOS P. GARCIA, President of the Philippines.
- The proclamation is countersigned by FORTUNATO DE LEON, Executive Secretary.