Separate Concurring Opinion
28
G.R. No. 224469
It is true that, by section 14, the gover~ent of the Philippines is
empowered to enact rules and prescribe terms for perfecting titles to public
lands where some, but not all, Spanish conditions had been fulfilled, and to
issue patents to natives for not more than 16 hectares of public lands
actually occupied by the native or his ancestors before August 13, I 898.
But this section perhaps might be satisfied if confined to cases where the
occupation was of land admitted to be public land, and had not continued
for such a length of time and under such circumstances as to give rise to
the understanding that the occupants were owners at that date. We hesitate
to suppose that it was intended to declare every native who had not a paper
title a trespasser, and to set the claims of all the wilder tribes afloat. It is
true again that there is excepted from the provision that we have quoted as
to the administration of the property and rights acquired by the United
States, such land and property as shall be designated by the President for
military or other reservations, as this land since has been. But there still
remains the question what property and rights the United States asserted
itself to have acquired.
Whatever the law upon these points may be, and we mean to go no
further than the necessities of decision demand~ every presumption is and
ought to be against the government in a case like the present. It might,
perhaps, be proper and sufficient to say that when, as far back as testimony
or memory goes, the land has been held by individuals under a claim of
private ownership, it will be presumed to have been held in the same way
from before the Spanish conquest, and never to have been public land.
Certainly in a case like this, if there is doubt or ambiguity in the Spanish
law, we ought to give the applicant the benefit of the doubt. Whether
justice to the natives and the import of the organic act ought not to carry us
beyond a subtle examination of ancient texts, or perhaps even beyond the
attitude of Spanish law, humane though it was, it is unnecessary to decide.
If, in a tacit way, it was assumed that the wild tribes of the Philippines
were to be dealt with as the power and inclination of the conqueror might
dictate, Congress has not yet sanctioned the same course as the proper one
"for the benefit of the inhabitants thereof." 139
Carino established the notion that Igorots and, by analogy, other
groups with similar customs and long associations, have constitutionally
protected native titles to their respective ancestral lands. 140 It also
emphasized that, based on native custom and long association, there exists a
legal foundation that the ancestral lands of some native groups within the
Philippine archipelago are owned pursuant to private, communal title. 141
The doctrine espoused in Carino was further reinforced by the United
States Supreme Court in Reavis v. Fianza. 142
Reavis involved two (2) gold mines situated in the province of
Benguet. These mines were in a tract of land, the sole and exclusive
139
140
141
142
Id. at 458-460.
Owen James Lynch, Jr., Native Title, Private Right and Tribal Land Law: An Introductory Survey, 57
PHIL. L. J. 268, 278 (1982).
Id. at 279.
215 U.S. 16 (1909). See also Dominique Gallego, Indigenous Peoples: Their Right to Compensation
Sui Generis for Ancestral Territories Taken, 43 ATENEO L. J. 43, 55 (I 998).
I
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