Proclamation No. 2290




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES PROCLAMATION NO. 2290 RESERVING FOR THE SLUM IMPROVEMENT AND RESETTLEMENT (SIR) PROGRAM AND ITS COMMERCIAL AND INDUSTRIAL COMPONENT A CERTAIN PARCEL OF LAND OF THE PUBLIC DOMAIN SITUATED IN MACABALAN, CAGAYAN DE ORO, ISLAND OF MINDANAO WHEREAS, the Government is committed to the proposition that human settlements is an integrated concept embracing the inter-dependence of man’s environment, shelter and structure, and the design and organization of human communities with opportunities for employment and livelihood consistent with a national framework plan, to attain the people’s well-being; WHEREAS, Letter of Instructions No. 555 dated June 11, 1977 mandates a nationwide Slum Improvement and Resettlement Program and Letter of Instructions No. 557 of the same date adopts a slum improvement as a National Housing Policy and a recognized approach to meet the housing needs of the country and the primary strategy in dealing with slums, squatter areas and other blighted communities in urban centers; WHEREAS, the Slum Improvement and Resettlement Program had been adopted for the slums and squatter areas within the territorial jurisdiction of the City of Cagayan de Oro and among the sites in the City where the Program is being implemented is the Macabalan-Puntod area which encompasses a parcel of land located in Macabalan, Cagayan de Oro City identified as Cadastral Lot 1982 with an area of 224,554 square meters, more or less; WHEREAS, for the purpose of implementing the Slum Improvement and Resettlement Program on Cadastral Lot 1982, the National Housing Authority filed with the Court of First Instance in Cagayan de Oro City Special Civil Case No. 6806 for Eminent Domain, entitled “National Housing Authority vs. Heirs of Isidro S. Baculio, et. al.”, to acquire the said lot, subject to the outcome of G.R. No. L-41115, entitled “Republic of the Philippines, et. al. vs. Court of Appeals, et. al.”, wherein the validity of the original certificate of title issued over Cadastral Lot 1982 in favor of a private party and the derivative titles thereof where assailed; WHEREAS, in the Decision rendered by the Supreme Court on September 11, 1982 in G.R. No. L-41115, which has already become final and executory, the said original certificate of title and all derivative titles issued for portions of Cadastral Lot 1982, were declared null and void and the said lot was restored as public land; and WHEREAS, Cadastral Lot 1982 after the issuance of the Writ of Possession in Special Civil Case No. 6806 was developed by the National Housing Authority, and as a result, numerous homelots had been generated and awarded to the project beneficiaries, and the commercial and industrial component of the Program in the area was established, it being found most suitable and ideal site for the purpose in view of its proximity to the seaport of Cagayan de Oro City. NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by law, do hereby withdraw from sale or settlement and reserve for Slum Improvement and Resettlement Project and its Commercial and Industrial component, under the administration and disposition of the National Housing Authority, that certain parcel of land of the public domain identified as Cadastral Lot 1982 situated in Barrio Macabalan, Cagayan de Oro City, Island of Mindanao, which parcel of land is more particularly described as follows: “A parcel of land (Cadastral Lot No. 1982 of the Cadastral Survey of Cagayan de Oro, CAD 237, Cadastral Case No. 18, L.R.C. Rec. No. 1562) situated in the Barrio of Macabalan, City of Cagayan de Oro, Misamis Oriental. Bounded the N., points 25-27, by Lot No. 1842; on the NE., points 27-30, by Lot No. 1843; points 30-31, by Lot No. 1980, points 31-34 and 34-1, by Lot No. 1981 and points 1-2, by Lot No. 1983; on the SE., points 2-5, by Lot No. 1985, points 5-8, by Lot No. 1986, points 8-10, by Lot No. 1987, points 10-11, by Lot No. 1989, points 11-13, by Lot No. 1997, and points 13-16, by Lot Called del Mar; on the W., points 16-17, by Lot No. 1188, points 17-18, by Lot No. 1830, points 18-19, by Lot No. 1831, points 19-20, by Lot No. 1832, points 20-22, by Lot No. 1835, points 22-23, by Lot No. 1837 and points 23-24, by Lot No. 1838; and on the N.W., points 24-25, by Lot No. 1841. x x x containing an area of TWO HUNDRED TWENTY FOUR THOUSAND AND FIVE HUNDRED FIFTY FOUR (224,554) SQUARE METERS, more or less. x x x” This proclamation is not subject to claim of private rights over Cadastral Lot 1982 as Original Certificate of Title No. 0-257 which was obtained over the said lot and all derivative titles thereof were declared null and void and without any effect in G.E. No. L-41115, entitled “Republic of the Philippines, et. al. vs. Court of Appeals, et. al.”, which Decision sustained the findings of the Court of First Instance of Misamis Oriental, Branch IV in Civil Case No. 2560, entitled “Republic of the Philippines, et. al. vs. Benedicta Macabale Salcedo, et. al.” In order to facilitate the early disposition of the area in accordance with the development thereof, the National Housing Authority in coordination with the Bureau of Lands, is hereby ordered to immediately conduct the necessary subdivision survey of the same into appropriate homelots, roadlots and commercial and industrial lots for public purposes. The National Housing Authority is hereby given authority to develop, administer and dispose of the said lots in accordance with the guidelines of the Slum Improvement and Resettlement Program and the approved development plan of the area.⚖ - ℒαɯρhi৷ IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed. Done in the City of Manila, this 19th day of May in the year of Our Lord, nine hundred and eighty three. (Sgd.) FERDINAND E. MARCOS President of the Philippines By the President: (Sgd.) JUAN C. TUVERA Presidential Executive Assistant The Lawphil Project - Arellano Law Foundation