Separate Concurring Opinion
14
G.R. No. 224469
the Spanish Crown. 61
Upon their arrival in the Philippines, the Spaniards discovered that
Filipinos living in settlements were scattered along water routes and
riverbanks. Accordingly, they implemented a process called reduccion,
wherein Spanish missionaries were tasked to establish pueblos. Spaniards
used the policy of reduccion to introduce and impose the Hispanic culture
and civilization upon the Filipinos. 62
The establishment of pueblos meant that the old barangays were
divested of their lands. These lands were declared "crown lands or
realengas, belonging to the Spanish king." 63 By this reason, "the natives
were stripped of their ancestral rights to land." 64
The Spaniards justified their sovereign claims based on discovery65
and through the Law of the Indies, they introduced the concept of the
Regalian Doctrine or Jura regalia. 66 It constituted as the Spaniard's
elaborated legal framework through which they can administer the
Philippines from Madrid, 67 thus:
~
The capacity of the State to own or acquire property is the state's
power of dominium. This was the foundation for the early Spanish decrees
embracing the feudal theory of Jura regalia. The "Regalian Doctrine" or
Jura regalia is a Western legal concept that was first introduced by the
Spaniards into the country through the Laws of the Indies and the Royal
Cedulas. The Laws of the Indies, i.e., more specifically, Law 14, Title 12,
Book 4 of the Novisima Recopilacion de Leyes de las Indias, set the policy
of the Spanish Crown with respect to the Philippine Islands in the
following manner:
"We, having acquired full sovereignty over the
Indies, and all lands, territories, and possessions not
heretofore ceded away by our royal predecessors, or by us,
or in our name, still pertaining to the royal crown and
patrimony, it is our will that all lands which are held
without proper and true deeds of grant be restored to us as
they belong to us, in order that after reserving before all
what to us or to our viceroys, audiencias, and governors
may seem necessary for public squares, ways, pastures, and
commons in those places which are peopled, taking into
consideration not only their present condition, but also their
61
62
63
64
65
66
67
J. Puno, Separate Opinion in Cruz v. Secretary of Natural Resources, 400 Phil. 904, 953-954 (2000)
[Per Curiam, En Banc].
Id. at 954.
Id.
Id.
Owen James Lynch, Jr., The Legal Bases of Philippine Colonial Sovereignty: An Inquiry, 62 PHIL. L. J.
279,286 (1987).
J. Puno, Separate Opinion in Cruz v. Secretary of Natural Resources, 400 Phil. 904, 934 (2000) [Per
Curiam, En Banc].
Owen James Lynch, Jr., The Legal Bases of Philippine Colonial Sovereignty: An Inquiry, 62 PHIL. L. J.
279, 286 (1987).