Proclamation Excluding Land for Agrarian Reform

The proclamation is issued pursuant to Section 7 of Republic Act No. 7942 (the Philippine Mining Act of 1995), which authorizes the President to alter boundaries or revert mineral reservations to the public domain upon the Secretary’s recommendation.
The proclamation supplements Presidential Proclamation Nos. 295 and 965 dated 9 November 1993 and 12 February 1997, respectively, which previously segregated and released portions of land within the Surigao Mineral Reservation for agrarian distribution.
The proclamation excludes specified parcels from the operation of Executive Order No. 63 dated 25 June 1914 and Proclamation No. 391 dated 13 March 1939.
The proclamation is implemented in light of Executive Order No. 448, as amended by Executive Order No. 506 of 1992, which provides for segregation of lands reserved for specific government purposes when they are suitable for agriculture and no longer actually, directly and exclusively used for the reserved purpose.
The proclamation directs specific exclusions from coverage in relation to P.D. No. 705, as amended (Revised Forestry Code), P.D. No. 1067 (Water Code), Republic Act No. 1273 (amending Section 90 of C.A. 141, Public Land Act), and other pertinent laws, rules, and regulations.

The proclamation authorizes the exclusion of specified lands from the Surigao Mineral Reservation.
The excluded lands are placed under the jurisdiction of the Department of Agrarian Reform (DAR) for distribution under the Comprehensive Agrarian Reform Program.
The proclamation is based on findings that portions of the Surigao Mineral Reservation have low geological potential for minerals and may be reclassified and disposed as agricultural land.
The proclamation responds to residents and tillers who are clamoring for exclusion and agrarian distribution of the covered lands.

The proclamation covers specified parcels of land suitable for agricultural purposes located in the municipalities of Loreto, Libjo, and Cagdianao, Island of Dinagat, Province of Surigao del Norte.
The covered area is about 1,677.7575 hectares, more or less (as stated in the proclamation’s opening statement).
The covered parcels are identified as PARCEL I through PARCEL VIII (each with technical land descriptions and areas).
The proclamation includes technical descriptions identifying boundaries by reference to the Surigao Mineral Reservation and adjacent features such as Block V (Alienable and Disposable), Mineral Reservation, sea, and designated rights-of-way and contracts of mining-related entities referenced by the technical descriptions (including Pacific Nickel Philippines, Inc.).

The proclamation excludes from its coverage:
- All areas within the proclamation that are classified as timberland, forestland, or unclassified public land, or those covered by the National Integrated Protected Areas System (NIPAS).
- All rivers and creeks.
- All easement requirements under P.D. No. 705, as amended (Revised Forestry Code), P.D. No. 1067 (Water Code), Republic Act No. 1273 (amending Section 90 of C.A. 141), and other pertinent laws, rules, and regulations.
These excluded areas are reserved for environmental protection purposes.
The Department of Environment and Natural Resources (DENR) retains jurisdiction over portions covered by public land applications.
Vested rights in the areas subject of the proclamation must be respected.

The proclamation assigns to DAR responsibility for conduct of the survey of the lands embraced by the proclamation.
The technical descriptions and areas covered by the proclamation may be subject to change due to final survey and delineation on the ground.
The land parcels are:
- PARCEL I (Barangay Albor, Municipality of Libjo, Dinagat Island, Surigao del Norte): 237.7138 hectares, more or less.
- PARCEL II (Barangay Osmena, Municipality of Libjo, Dinagat Island, Surigao del Norte): 50.0786 hectares, more or less.
- PARCEL III (Barangay San Juan, Municipality of Loreto, Dinagat Island, Surigao del Norte): 235.7261 hectares, more or less.
- PARCEL IV (Barangay Esperanza, Municipality of Loreto, Dinagat Island, Surigao del Norte): 137.3277 hectares, more or less.
- PARCEL V (Poblacion, Municipality of Cagdianao, Dinagat Island, Surigao del Norte): 764.5573 hectares, more or less.
- PARCEL VI (Barangay Cabonga-an, Municipality of Cagdianao, Dinagat Island, Surigao del Norte): 212.3002 hectares, more or less.
- PARCEL VII (Barangay Cabonga-an, Municipality of Cagdianao, Dinagat Island, Surigao del Norte): 21.9380 hectares, more or less.
- PARCEL VIII (Barangay Tigbao, Municipality of Cagdianao, Dinagat Island, Surigao del Norte): 18.1158 hectares, more or less.

The proclamation excludes the parcels from the Surigao Mineral Reservation.
The excluded parcels are placed under the jurisdiction of DAR for agrarian reform distribution.
The proclamation expressly acts “by virtue of the powers vested” in the President under Section 7 of Republic Act No. 7942.
The proclamation states that it is based on the premise that land is suitable for agriculture and should be segregated/reclassified for agrarian disposition under the Comprehensive Agrarian Reform Program.