Legal Basis and Authority
- The declaration is based on the recommendation of the Secretary of Agriculture and Natural Resources.
- It respects the 1947 agreement on military bases signed between the two nations.
- The proclamation is made by the President of the Philippines.
Description of Parcels Reserved
- Five parcels of land, identified as Parcels I through V, are detailed with cadastral survey numbers and precise boundary coordinates.
- Parcels are located in the barrios of Dau and San Joaquin within Mabalacat Municipality.
- The size of these parcels ranges from several thousand to hundreds of thousands of square meters.
- Each parcel is bounded by identifiable landmarks including other cadastral lots and the Clark Field Fort Stotsenburg Military Reservation.
- The descriptions include bearings, distances, and points marked on official plans and surveys.
Geographic and Survey Details
- Bearings are true, with declination accounted for at 1° 30' East.
- Surveys were approved in early 1951.
- Land corners and intersections are physically marked on the ground using old corners, stakes, or intersections to delineate boundaries.
Effect and Implementation
- The parcels are officially withdrawn from the general public domain and commercial activities.
- They are reserved explicitly for U.S. military use under the terms of the military base agreement.
- The proclamation affirms the sovereignty of the Philippine Government while granting use rights to the United States Army.
Formalization and Official Seal
- The proclamation is signed by the President of the Philippines, Elpidio Quirino.
- The official seal of the Republic of the Philippines is affixed to validate the document.
- The date of effectivity is December 12, 1951.
Key Legal Concepts
- Withdrawal from sale and settlement: prevents private acquisition or commercial use of the land.
- Reservation for foreign military use: aligns with international agreement allowing U.S. military presence.
- Subject to private rights: acknowledges possible existing lawful ownership or interests that are not displaced.
- Cadastral survey reference: ensures precise and authoritative land identification.
- Sovereignty and jurisdiction: balances national sovereignty with international treaty obligations.