04/02/2020
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conquests of Mexico and Peru.
In his written instructions for the
Adelantado Legazpi, who commanded the expedition, Philip II envisaged
a bloodless pacification of the archipelago. This extraordinary document
could have been lifted almost verbatim from the lectures of the
Dominican theologian, Francisco de Vitoria, delivered in the University of
Salamanca. The King instructed Legazpi to inform the natives that the
Spaniards had come to do no harm to their persons or to their property.
The Spaniards intended to live among them in peace and in friendship
and "to explain to them the law of Jesus Christ by which they will be
saved." Although the Spanish expedition could defend themselves if
attacked, the royal instructions admonished the commander to commit no
aggressive act which might arouse native hostility.[87]
Spanish colonial laws recognized and respected Filipino landholdings including native
land occupancy.[88] Thus, the Recopilación de Leyes de las Indias expressly
conferred ownership of lands already held by the natives.[89] The royal decrees of
1880 and 1894 did not extinguish native title to land in the Philippines. The earlier
royal decree, dated June 25, 1880, provided that all those in "unlawful possession of
royal lands" must legalize their possession by means of adjustment proceedings,[90]
and within the period specified. The later royal decree, dated February 13, 1894,
otherwise known as the Maura Law, declared that titles that were capable of
adjustment under the royal decree of 1880, but for which adjustment was not
sought, were forfeited. Despite the harsh wording of the Maura Law, it was held in
the case of Cariño that the royal decree of 1894 should not be construed as
confiscation of title, but merely as the withdrawal of the privilege of registering such
title.[91]
Neither was native title disturbed by the Spanish cession of the Philippines to the
United States, contrary to petitioners' assertion that the US merely succeeded to the
rights of Spain, including the latter's rights over lands of the public domain.[92]
Under the Treaty of Paris of December 10, 1898, the cession of the Philippines did
not impair any right to property existing at the time.[93] During the American
colonial regime, native title to land was respected, even protected. The Philippine
Bill of 1902 provided that property and rights acquired by the US through cession
from Spain were to be administered for the benefit of the Filipinos.[94] In obvious
adherence to libertarian principles, McKinley's Instructions, as well as the Philippine
Bill of 1902, contained a bill of rights embodying the safeguards of the US
Constitution. One of these rights, which served as an inviolable rule upon every
division and branch of the American colonial government in the Philippines,[95] was
that "no person shall be deprived of life, liberty, or property without due process of
law."[96] These vested rights safeguarded by the Philippine Bill of 1902 were in turn
expressly protected by the due process clause of the 1935 Constitution. Resultantly,
property rights of the indigenous peoples over their ancestral lands and ancestral
domains were firmly established in law.
Nonetheless, the Solicitor General takes the view that the vested rights of
indigenous peoples to their ancestral lands and domains were "abated by the direct
act by the sovereign Filipino people of ratifying the 1935 Constitution."[97] He
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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