04/02/2020
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[132] Maura Law or the Royal Decree of Feb. 13, 1894.
[133] Later named Camp John Hay.
[134] Lynch, Invisible Peoples, supra, at 288-289.
[135] 7 Phil. 132 [1906].
[136] In 1901, Cariño had entered into a promissory agreement with a U.S. merchant
in Manila. The note obliged Cariño to sell the land at issue "as soon as he obtains
from the Government of the United States, or its representatives in the Philippines,
real and definitive title." See Lynch, Invisible Peoples, supra, at 290, citing
Government's Exhibit G, Records, at 137-138, Cariño.
[137] Cariño v. Insular Government, supra, at 939.
[138] Ibid.
[139] Id. at 940.
[140] Id. at 941.
[141] Id. at 941-942.
[142] Aranal-Sereno and Libarios, The Interface Between Kalinga Land Law, supra at
428--This artcile was one of those circulated among the Constitutional
Commissioners in the formulation of Sec. 5, Article XII of the 1987 Constitution (4
Record of the Constitutional Commission 33).
[143] Id. at 944.
[144] Certificate of Title No. 2 covering the 148 hectares of Baguio Municipality was
issued not in the name of Cariño who died on June 6, 1908, but to his lawyers John
Hausserman and Charles Cohn and his attorney-in-fact Metcalf Clarke. Hausserman,
Cohn and Clarke sold the land to the U.S. Government in a Deed of Quitclaim--Richel
B. Langit, Igorot Descendants Claim Rights to Camp John Hay, Manila Times, p. 1,
Jan. 12, 1998.
[145] Id. at 939.
[146]57 P.L.J. 268, 293-296 [1982].
[147] From 1987 to 1988, Prof. Lynch allowed the P.L.J. to publish parts of his
doctoral dissertation at the Yale Law School entitled "Invisible Peoples: A History of
Philippine Land Law." Please see the Legal Bases of Philippine Colonial Sovereignty:
An Inquiry, 62 P.L.J. 279 [1987]; Land Rights, Land Laws and Land Usurpation: The
Spanish Era (1568-1898), 63 P.L.J. 82 [1988]; The Colonial Dichotomy: Attraction
and Disenfranchisement, 63 P.L.J. 112; Invisible Peoples and a Hidden Agenda: The
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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