Exclusion of Valid Mining Tenements from QPL
- Proclamation No. 779 dated February 6, 2005, which takes effect April 18, 2005, excludes certain areas covered by valid and existing mining tenements from the QPL.
- This exclusion is based on the recognition of mining tenements that predate the protected area proclamation.
- The Secretary of Environment and Natural Resources recommended the exclusion.
- The President of the Philippines exercised the power vested by law to amend the boundaries of QPL accordingly.
Amended Boundaries and Technical Description
- The QPL boundaries were revised to exclude the lands within valid mining tenements.
- The amended QPL area consists of three parcels described with precise geographic coordinates and bearings:
- Parcel I: Approximately 613.7041 hectares
- Parcel II: Approximately 10,965.4526 hectares
- Parcel III: Approximately 164,364.4606 hectares
- Each parcel’s boundary is detailed through corner points, directions, distances, and latitude-longitude readings.
- These detailed technical descriptions ensure clear demarcation and legal certainty of the protected landscape boundaries after exclusion.
Procedure and Legal Authority
- The amendment and exclusion are pursuant to the powers of the President under the law and upon the DENR Secretary’s recommendation.
- The boundaries are subject to ground survey and delineation for practical implementation.
Legal and Administrative Effects
- The proclamation respects existing private rights, particularly mining tenements, thereby balancing environmental protection and property rights.
- The exclusion ensures mining operations with valid tenements are not impeded by the protected area designation.
- This legal approach aims to harmonize environmental conservation goals with existing lawful economic activities.
Formalization and Authentication
- The amended proclamation is signed by President Gloria Macapagal-Arroyo and Executive Secretary Eduardo R. Ermita.
- The document carries the seal of the Republic of the Philippines.
- The proclamation is dated February 3, 2005, in Manila, formalizing the amendment and exclusion measures.