04/02/2020
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(CADT), which shall recognize the title of the concerned ICCs/IPs over the territories
identified and delineated.[128]
Like a torrens title, a CADT is evidence of private ownership of land by native title.
Native title, however, is a right of private ownership peculiarly granted to ICCs/IPs
over their ancestral lands and domains. The IPRA categorically declares ancestral
lands and domains held by native title as never to have been public land. Domains
and lands held under native title are, therefore, indisputably presumed to have
never been public lands and are private.
(a) Cariño v. Insular Government[129]
The concept of native title in the IPRA was taken from the 1909 case of Cariño v.
Insular Government.[130] Cariño firmly established a concept of private land title
that existed irrespective of any royal grant from the State.
In 1903, Don Mateo Cariño, an Ibaloi, sought to register with the land registration
court 146 hectares of land in Baguio Municipality, Benguet Province. He claimed that
this land had been possessed and occupied by his ancestors since time immemorial;
that his grandfather built fences around the property for the holding of cattle and
that his father cultivated some parts of the land. Cariño inherited the land in
accordance with Igorot custom. He tried to have the land adjusted under the
Spanish land laws, but no document issued from the Spanish Crown.[131] In 1901,
Cariño obtained a possessory title to the land under the Spanish Mortgage Law.[132]
The North American colonial government, however, ignored his possessory title and
built a public road on the land prompting him to seek a Torrens title to his property
in the land registration court. While his petition was pending, a U.S. military
reservation[133] was proclaimed over his land and, shortly thereafter, a military
detachment was detailed on the property with orders to keep cattle and trespassers,
including Cariño, off the land.[134]
In 1904, the land registration court granted Cariño's application for absolute
ownership to the land. Both the Government of the Philippine Islands and the U.S.
Government appealed to the C.F.I. of Benguet which reversed the land registration
court and dismissed Cariño's application.
The Philippine Supreme Court[135]
affirmed the C.F.I. by applying the Valenton ruling. Cariño took the case to the
U.S. Supreme Court.[136] On one hand, the Philippine government invoked the
Regalian doctrine and contended that Cariño failed to comply with the provisions of
the Royal Decree of June 25, 1880, which required registration of land claims within
a limited period of time. Cariño, on the other, asserted that he was the absolute
owner of the land jure gentium, and that the land never formed part of the public
domain.
In a unanimous decision written by Justice Oliver Wendell Holmes, the U.S. Supreme
Court held:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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