04/02/2020
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placed on these reservations, without any previous consultation as to
their own wishes, and that, when once so located, they have been made
to remain on the reservation for their own good and for the general good
of the country. If any lesson can be drawn from the Indian policy of the
United States, it is that the determination of this policy is for the
legislative and executive branches of the government and that when once
so decided upon, the courts should not interfere to upset a carefully
planned governmental system. Perhaps, just as many forceful reasons
exist for the segregation of the Manguianes in Mindoro as existed for the
segregation of the different Indian tribes in the United States."[153]
Rubi applied the concept of Indian land grants or reservations in the Philippines. An
Indian reservation is a part of the public domain set apart by proper authority for the
use and occupation of a tribe or tribes of Indians.[154] It may be set apart by an act
of Congress, by treaty, or by executive order, but it cannot be established by custom
and prescription.[155]
Indian title to land, however, is not limited to land grants or reservations. It
also covers the "aboriginal right of possession or occupancy."[156] The
aboriginal right of possession depends on the actual occupancy of the lands in
question by the tribe or nation as their ancestral home, in the sense that such lands
constitute definable territory occupied exclusively by the particular tribe or nation.
[157] It is a right which exists apart from any treaty, statute, or other governmental
action, although in numerous instances treaties have been negotiated with Indian
tribes, recognizing their aboriginal possession and delimiting their occupancy rights
or settling and adjusting their boundaries.[158]
American jurisprudence recognizes the Indians' or native Americans' rights
to land they have held and occupied before the "discovery" of the Americas
by the Europeans. The earliest definitive statement by the U.S. Supreme
Court on the nature of aboriginal title was made in 1823 in Johnson &
Graham's Lessee v. M'Intosh.[159]
In Johnson, the plaintiffs claimed the land in question under two (2) grants made
by the chiefs of two (2) Indian tribes. The U.S. Supreme Court refused to recognize
this conveyance, the plaintiffs being private persons. The only conveyance that was
recognized was that made by the Indians to the government of the European
discoverer. Speaking for the court, Chief Justice Marshall pointed out that the
potentates of the old world believed that they had made ample compensation to the
inhabitants of the new world by bestowing civilization and Christianity upon them;
but in addition, said the court, they found it necessary, in order to avoid conflicting
settlements and consequent war, to establish the principle that discovery gives
title to the government by whose subjects, or by whose authority, the
discovery was made, against all other European governments, which title
might be consummated by possession.[160] The exclusion of all other Europeans
gave to the nation making the discovery the sole right of acquiring the soil from the
natives and establishing settlements upon it. As regards the natives, the court
further stated that:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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