04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly [3] In Philippine Colonial history, the term indio applied to indigenous throughout the vast Spanish empire. India was a synonym for all of Asia east of the Indus River. Even after it became apparent that the explorer Christopher Columbus was not able to reach territories lying off the east coast of Asia, the Spanish persisted in referring to all natives within their empire as los Indios. (Owen J. Lynch, Jr., THE PHILIPPINE COLONIAL DICHOTOMY: Attraction and Disenfranchisement, 63 PL J 112 [1988] citing R. BERKHOFER, THE WHITE MAN'S INDIAN: IMAGES OF THE AMERICAN INDIAN FROM COLUMBUS TO THE PRESIDENT 5 [1979]. [4] WEBSTER'S THIRD NEW INTERNATIONAL DICTIONARY (1976), p. 1151. [5] Benedict Kingsbury, "Indigenous Peoples" in International Law: A Constructivist Approach to the Asian Controversy, 92 The American Journal of International Law 414, 419 (1998) citing Jose Martinez Cobo, Study of the Problem of Discrimination against indigenous population, UN Doc. E/CN.4/Sub. 2/1986/ 7/ Add. 4, paras. 37980. [6] Ibid. This definition is criticized for taking the potentially limited, and controversial view of indigenous peoples by requiring "historical continuity with preinvasion and pre-colonial societies that developed on their territories." [7] 4 RECORD OF THE CONSTITUTIONAL COMMISSION 34. [8] Rubi v. Provincial Board of Mindoro, 39 Phil. 660, 680 (1919). [9] Hearing before the Committee on the Philippines, United States Senate, Sixty- Third Congress, Third Session on HR 18459, pp. 346, 351. Quoted in Rubi at 686. [10] United States President McKinleys' Instruction to the Philippine Commission, April 7, 1900, quoted in Rubi at 680. [11] US v. Tubban, 29 Phil. 434, 436 (1915). [12] See Owen J. Lynch, Jr., INVISIBLE PEOPLES AND A HIDDEN AGENDA: The Origins of Contemporary Philippine Land Laws (1900-1913), 63 PLJ 249 (1988). [13] For an introduction to the chasm that exists between Philippine Law and Indigenous Custom Law, see Owen J. Lynch, Jr., Native Title, Private Right and Tribal Land Law: An Introductory Survey 52 PLJ 268 (1982); and the Philippine Indigenous Law Collection: An Introduction and Preliminary Bibliography, 58 PLJ 457 (1983), by the same author. [14] See RENATO CONSTANTINO, THE PHILIPPINES: A PAST REVISITED (1975), pp. 26-41; TEODORO AGONCILLO, A HISTORY OF THE FILIPINO PEOPLE, 8th ed., pp. 5, 74-75. [15] Response of Rep. Gregorio A. Andolana to the interpellation of Rep. John Henry R. Osmeña on ouse Bill No. 9125, Journal of August 20 and 21, 1997 of the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882 109/148