DOJ OPINION NO. 137, s. 1994
September 26, 1994
Mr. Leonora Vasquez-De Jesus
Head Presidential Management Staff
and Secretary to the Cabinet
Office of the President
M a d a m :
This refers to your request for opinion on the definite area to be covered by Lungsod Silangan and the land use of the approximately 7,000-hectare overlap between the areas covered by Proclamations Nos. 1636 and 1637.
You state that the Presidential Task Force for the Development of Lungsod Silangan has been created by the President by the virtue of Administrative Order No. 120 dated 03 March 1994 to, among others, oversee and facilitate the completion of the development plan for Lungsod Silangan; that presently the Task Force has some legal concerns which hampers the preparation of a development plan for the area.
In this connection, you point our that there are three (3) legal issuances pertaining to the Lungsod Silangan townsite, viz:
(a) Proclamation No. 1636, entitled "Declaring as a National Park, Wildlife Sanctuary and Game Preserve a Certain Parcel of Land of the Public Domain Embraced and Situated in the Provinces of Bulacan, Rizal, Laguna and Quezon, Island of Luzon", involving some 46,310 hectares;
(b) Proclamation No. 1637, entitled "Amending Proclamation No. 1283 dated June 21, 1974 which Established The Townsite Reservation in the Municipalities of Antipolo and San Mateo, Province of Rizal, Island of Luzon By Increasing the Area and Revising the Technical Description of the Land Embraced Therein, and Revoking Proclamation No. 765 dated October 16, 1970 That Reserved Portions of the Area as Resettlement Site" involving some 20,312 hectares; and
(c) Presidential Decree No. 1396 which created the Human Settlements Development Corporation (HSDC) and which tasked the agency to have as its initial projects "the Lungsod Silangan Townsite consisting of 20,313 hectares in the Municipalities of Antipolo, San Mateo and Montalban, Province of Rizal and the parcel of land consisting of 160,410 hectares embraced and covered by Proclamation Nos. 1636 and No. 1637".
We regret this Department is constrained to refrain from rendering opinion on the subject matter on your queries. Is noted that Administrative Order No. 120, in its second preambulatory clause, states that the Lungsod Silangan consists of 180,723 hectares covering the provinces of Rizal, Laguna and Quezon. Since there is already a Presidential issuance on the matter, we decline, as a matter of courtesy, from making any comment which might be misconstrued as a review of the official actuations of the President.
Besides, your query involves factual issues which are best left to the determination of the proper land agencies of the government.
Very truly yours,
FRANKLIN M. DRILON