Proclamation No. 1035, s. 2006

MALACAÑANG
Manila

BY THE PRESIDENT OF THE PHILIPPINES

PROCLAMATION NO. 1035

CREATING AND DESIGNATING CERTAIN PARCELS OF LAND OF THE PUBLIC DOMAIN SITUATED AT ANGELES CITY, MUNICIPALITIES OF MABALACAT AND PORAC, PAMPANGA AND THE MUNICIPALITIES OF CAPAS AND BAMBAN, TARLAC AS A SPECIAL ECONOMIC ZONE PURSUANT TO REPUBLIC ACT NO. 7916 AS AMENDED BY REPUBLIC ACT NO. 8748

Pursuant to the powers vested in me under Republic Act No. 7916, otherwise known as the Special Economic Zone Act of 1995 as amended and upon recommendation of the Board of Directors of the Philippine Economic Zone Authority, I, GLORIA MACAPAGAL – ARROYO, President of the Philippines, do hereby create and designate, subject to the provisions of Republic Act No. 7916, as amended, its Implementing Rules and Regulations, and Resolution No. 06-036 dated 15 February 2006 of the Board of Directors of the Philippine Economic Zone Authority, an area located at Angeles City, Municipalities of Mabalacat and Porac, Pampanga and the Municipalities of Capas and Bamban, Tarlac, as a special economic zone, consisting of THREE HUNDRED THIRTY SEVEN MILLION SIX HUNDRED FIFTY THOUSAND (337,650,000) SQUARE METERS, as contained in the following Presidential Proclamations:

PROCLAMATION NO. 163

CREATING AND DESIGNATING THE AREA COVERED BY THE CLARK SPECIAL ECONOMIC ZONE AND TRANSFERRING THESE LANDS TO THE BASES CONVERSION AND DEVELOPMENT AUTHORITY PURSUANT TO REPUBLIC ACT NO. 7227.

Pursuant to the powers vested in me by law and the resolutions of concurrence of the local governments units directly affected, I, Fidel V. Ramos, President of the Republic of the Philippines, hereby create and designate the area covered by the Clark Special Economic Zone (CSEZ) comprising the lands occupied by the Clark military reservations and its contiguous extensions as embraced, covered, and defined by the 1947 Military Bases Agreement between the Philippines and the United States of America, as amended, located within the Mabalacat and Porac, Province of Pampanga, and the Municipality of Capas, Province of Tarlac, as follows:

Section 1. Creation of the Clark Special Economic Zone. – The CSEZ shall cover the lands consisting of the Clark Military reservations, including the Clark Air Base proper and portions of the Clark reverted baselands, and excluding the areas in the reverted baselands reserved for military use.

Specifically, the areas covered by the CSEZ and the areas excluded are as follows:

AREAS COVERED BY THE CSEZ APPROXIMATE AREA
1. Clark Air Base proper 4,440 Hectares
2. Portion of Clark Reverted Baselands  
a) Zone A 7,205
b) Zone B (Net of O’Donnell Transmitter Station and Resettlement Area Under Proclamation No. 813) 3,052
c) Zone D (Net of Sacobia Area and Resettlement Area under Proclamation No. 812) 13,344
Sub-Total 23,601
Total CSEZ Area 28,041 Hectares

II. AREAS IN THE REVERTED BASELANDS EXCLUDED FROM THE CLARK SEZ:

1. For the Pinatubo Commission Resettlement Sites in Zones B & D

a) Under Proclamation No. 812 (11 October 1991) 122 Hectares
b) Under Proclamation No. 813 (11 October 1991)  
2. For the Sacobia Development Authority Resettlement Project in Zone D Under Proclamation No. 1955 (25 March 1980)  
3. For DND/Military Use:  
a) O’Donnell Transmitter Station 370
b) O’Donnell Excepted Area 1,755
c) Zone C (Crow Valley) 17,847
3. For the Department of Agrarian Reform (DAR)  
a) Zone E 7,006
b) Zone F 1,749
c) Zone G 1,969
Total Excluded Areas 36,778 Hectares

The total area of the CSEZ is 28,041 hectares, more or less, subject to actual survey, covering Clark Air Base proper (4,440 Hectares) and portions of the Clark reverted baselands (23,601 hectares.).

Section 2. Transfer of CSEZ Areas to the Bases Conversion and Development Authority. – The Clark Air Base proper covering 4,440 hectares, more or less, and portions of the Clark reverted baselands covering 23,601 hectares, more or less, totalling 28,041 hectares declared as the total area of the CSEZ in accordance with Section 1 hereof are hereby transferred to the BCDA.

These areas are approximate and subject to actual ground surveys.

The BCDA shall determine utilization and disposition of the above mentioned lands.

Section 3. Governing Body of the Clark Special Economic Zone. Pursuant to Section 15 of R.A. 7227, the BCDA is hereby established as the governing body of the CSEZ. The BCDA shall promulgate all necessary policies, rules and regulations to govern and regulate the CSEZ thru the operating and implementing arm it shall establish for the CSEZ.

Section 4. Memoranda of Agreements. – The areas inside the Clark Air Base proper intended for use by the military, by the Mt. Pinatubo Assistance, Resettlement and Development Commission, by the University of the Philippines (U.P.) and other institutions, if any shall be delineated and covered by separate Memoranda of Agreements to be agreed upon and entered into by the BCDA and DND/AFP, the Pinatubo Commission, the U.P. and other institutions, subject to the final approval of the President.

This Proclamation shall take effect immediately.

Done in the City of Manila, this 3rd day of April in the year of Our Lord, Nineteen Hundred and Ninety-Three.

PROCLAMATION NO. 805

REDEFINING THE CLARK SPECIAL ECONOMIC ZONE TO INCLUDE THEREIN THE FIVE THOUSAND SEVEN HUNDRED TWENTY FOUR (5,724) HECTARES PROPERTY IN THE MUNICIPALITIES OF BAMBAN, TARLAC AND MABALACAT, PAMPANGA, MORE COMMONLY KNOWN AS SACOBIA.

WHEREAS, Republic Act No. 7227, otherwise known as the Bases Conversion and Development Act of 1992, created the Bases Conversion and Development Authority (BCDA) to accelerate the sound and balanced conversion of the Clark and Subic Military reservations and their extensions into alternative productive uses and promote the economic and social development of Central Luzon, in particular, and the country in general;

WHEREAS, pursuant to Section 15 of Republic Act No. 7227, the President issued Presidential Proclamation No. 163, s. of 1993, which created the Clark Special Economic Zone (CSEZ) and defined its extent;

WHEREAS, Executive Order No. 80, s. of 1993, created the Clark Development Corporation (CDC) to be the implementing and operating arm of the BCDA to manage the CSEZ;

WHEREAS, part of the former Clark Air Base Military Reservation, which reverted to the Philippine Government in 1979, is a vast land comprising approximately of Five Thousand Seven Hundred Twenty Four (5,724) hectares covering the Municipalities of Bamban, Tarlac and Mabalacat, Pampanga, more commonly known as Sacobia;

WHEREAS, CDC’s development objectives for communities around the former Clark Air Base area is in consonance with the Sacobia Development Authority’s (SDA) specific objectives as identified in Executive Order No. 586, s. of 1980;

WHEREAS, to alleviate the economic situation of the communities in Sacobia and in response to the clamor of investors to open up the area for agri-business activities, the CDC envisions Sacobia to be the food basin for the CSEZ, the Central Luzon region, and the country in general with its abundant produce feeding other parts of the world to generate dollars for our economy;

WHEREAS, investors have shown strong interest to infuse capital for the development of Sacobia once it is included in the CSEZ and put under the management, operation, and control of the CDC since the latter can offer incentives and attractions for business and entrepreneurship;

WHEREAS, the Province of Tarlac and the Municipalities of Bamban, Tarlac and Mabalacat, Pampanga, through Resolutions of their respective Provincial and Municipal Boards, signified their concurrence to have the Sacobia area included in the CSEZ;

WHEREAS, Sacobia, once included in the CSEZ, will enjoy the incentives and privileges granted to the CSEZ thereby ensuring the development of the area through active participation of private investors and entrepreneurs and the attainment of the basic goals and objectives for Sacobia and its communities;

NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the powers vested in me by law and the sovereign will of the people, do hereby include in the Clark Special Economic Zone the Five Thousand Seven Hundred Twenty Four (5,724) Hectare portion located in the Municipalities of Mabalacat, Pampanga and Bamban, Tarlac, more commonly known as Sacobia, which parcels of land, subject to the final survey and delineation on the ground by the Department of Environment and Natural Resources (DENR), are described and defined in Survey No. SWO-03-000083 of the DENR, Region III, Land Management Sector. Further, vested rights and valid ancestral domain claims within the Sacobia area as verified and validated by the DENR and other pertinent government agencies shall be respected.

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 14th day of June in the year of Our Lord, Nineteen Hundred and Ninety-Six.

IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed hereto.

Done in the City of Manila, this 10th day of March, in the year of our Lord, Two Thousand and Six.

(Sgd.) GLORIA MACAPAGAL-ARROYO

By the President:
(Sgd.) EDUARDO R. ERMITA
Executive Secretary

SourceCDAsia