Clark Development Corporation will remain committed to fulfill its responsibility and mandate to administer, manage, and develop the Clark Special Economic Zone (CSEZ) or what is also known as the Sub Zone.
This statement is being issued after a group calling itself the ‘Sangguniang Tribung Aeta’ or STA called for CDC to leave the area covered by the Certificate of Ancestral Domain Title 025-A (CADT 025-A) which is well within the the CSEZ.
CDC’s role as the administrator and implementing arm for Clark Special Economic Zone (CSEZ) is well documented. R.A. 7227 or the Bases Conversion and Development Act provided that:
“The President is hereby authorized to create … a Special Economic Zone (CSEZ) covering the lands occupied by the Clark military reservations…located within the territorial jurisdiction of Angeles City, Municipalities of Mabalacat and Porac, Province of Pampanga, And the Municipality of Capas, Province of Tarlac…”
Subsequently, Executive Order No. 80 provided for the “Creation of the Clark Development Corporation (CDC),” … authorized … as the operating and implementing arm of the BCDA to manage the Clark Special Economic Zone (CSEZ).
E.O. 80 further stated that “… the CDC shall have the specific powers of the Export Processing Zone Authority as provided for in Sec. 4 of Presidential Decree No. 66 (1972) as amended.”
Based on the foregoing, CDC is the governing authority over the area known as the Clark Freeport Zone (also known as Main Zone) and Clark Special Economic Zone, and has jurisdiction over the ancestral domain covered by CADT 025-A.
The issuance of CADT 025-A did not diminish CDC’s function as administrator by virtue of the December 6, 2007 Joint Management Agreement (JMA) among CDC, NCIP and Tribung Ayta which is morally and legally effective and binding. The annotation in the “Memorandum of Encumbrances” of CADT 025-A clearly and explicitly states that CDC is allowed to develop the area.
CDC also believes the JMA may not be unilaterally cancelled because there is no provision to that effect in the agreement.