04/02/2020
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[93] The Treaty of Paris reads in part:
Article III. Spain cedes to the United States the archipelago known as
the Philippine Islands, x x x.
The United States will pay to Spain the sum of twenty million dollars,
within three months after the exchange of the ratifications of the present
treaty.
xxx
Article VIII. In conformity with the provisions of Articles One, Two, and
Three of this treaty, Spain relinquishes in Cuba, and cedes in Porto Rico
and other islands of the West Indies, in the Island of Guam, and in the
Philippine Archipelago, all the buildings, wharves, barracks, forts,
structures, public highways, and other immovable property which, in
conformity with law, belong to the public domain and as such belong to
the Crown of Spain.
And it is hereby declared that the relinquishment or cession, as the case
may be, to which the preceding paragraph refers, can not in any
respect impair the property or rights which by law belong to the
peaceful possession of property of all kinds, of provinces,
municipalities, public or private establishments, ecclesiastical or civic
bodies, or any other associations having legal capacity to acquire and
possess property in the aforesaid territories renounced or ceded, or of
private individuals, of whatsoever nationality such individuals may be.
[94] The statute reads in part:
Section 12. That all the property and rights which may have been
acquired in the Philippine Islands under the treaty of peace with Spain,
signed December tenth, eighteen hundred and ninety-eight, except such
land or other property as shall be designated by the President of the
United States for military and other reservations of the Government of
the United States, are hereby placed under the control of the Government
of said Islands, to be administered for the benefit of the inhabitants
thereof, except as provided by this Act.
[95] McKinley's Instructions to the Second Philippine Commission, in MENDOZA,
FROM MCKINLEY'S INSTRUCTIONS TO THE NEW CONSTITUTION: DOCUMENTS ON
THE PHILIPPINE CONSTITUTIONAL SYSTEM (1978) p. 71.
[96] Id., at 65-75; Section 5, Philippine Bill of 1902.
[97] Solicitor General's Memorandum, Rollo, p. 668-669.
[98] Id, at 668.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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