Title
Release of land from coal mining reservation
Law
Proclamation No. 402
Decision Date
Jun 27, 1953
President Elpidio Quirino's proclamation releases specific parcels of land in Zamboanga del Sur from a 1938 coal mining reservation, reverting them to public domain while reserving mining rights for the National Development Company in case of future coal discoveries.
A

Findings on Coal Deposits

  • Geological explorations by the National Development Company and the Bureau of Mines revealed that most of the reserved parcels do not contain sufficient coal deposits to justify the reservation.
  • Only specific areas described in the proclamation are retained as mining reservations.

Legal Basis for Alteration of Mineral Reserve Boundaries

  • Section 11 of Commonwealth Act No. 137, as amended (Mining Act), authorizes the President, with Congressional concurrence, to alter or revoke mineral reserve proclamations.
  • Altered or revoked portions revert to public domain, effectively removing them from mineral reserve status.

Presidential Action and Recommendation

  • President Elpidio Quirino, pursuant to powers under the Mining Act and on recommendation of the Secretary of Agriculture and Natural Resources, issues the proclamation releasing parcels from Proclamation No. 284.
  • Released lands revert to the public domain except for the areas specifically described that remain mineral reservations.

Description of Retained Mining Areas

  • Parcel I: Located in Kabasalan and Margosatubig municipalities, detailed boundary points are defined by natural landmarks and bearings, covering approximately 36,000 hectares.
  • Parcel II: Known as Malangas Port Terminal within Margosatubig municipality, covering around 2.3151 hectares with specified coordinates and boundary points.

Government Reservation of Mining Rights

  • National Development Company retains rights to mine and extract coal from released areas upon discovery of commercial coal deposits.
  • Compensation is limited to improvements made in good faith on the premises.
  • A 100-meter wide road-right-of-way will be reserved for mining company exit access to Dumanquilas Bay, to be determined by the company.

Timber Cutting Restrictions

  • Timber in the released areas may not be cut unless a permit is obtained from the Engineers of the Malangas Coal Mines of the National Development Company.

Effectivity and Legislative Concurrence

  • The proclamation will become effective only upon concurrence by a resolution of the Congress of the Philippines.

Legal Formalities

  • The proclamation is signed by President Elpidio Quirino and attested by the Acting Executive Secretary, and dated June 27, 1953, Manila.

This summary encapsulates the legal framework, geographic scope, limitations, and conditions placed on the release from mining reservation of specific lands previously under a coal mining proclamation, preserving State interest in possible mineral discoveries while reverting lands back to public domain where appropriate.


Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.