Separate Concurring Opinion
29
G.R. No. 224469
possession of which belonged to an Igorot named Toctoc. The gold mines
were developed by Igorot miners in accordance with their customs. 143
Toctoc neither had any paper title over the mines nor was he granted
concession by the Spanish Government. This notwithstanding, Toctoc's
"title and ownership thereto were generally known and recognized by the
people of the community[,]" including the Spanish officials. 144
Upon Toctoc's death, the mines' possession and ownership passed on
to his heirs, which included Fianza. Toctoc's heirs continued to live and
work on the mines without interruption. However, in 1901, Reavis entered
upon the subject mines and proceeded to stake his claims on them. Reavis
was in the honest but mistaken belief that the mines were part of the
abandoned and forfeited Spanish grant of a certain Holman. Insisting
ownership over the mines, Fianza filed a formal protest against Reavis. 145
When the case reached the United States Supreme Court, it sustained
Fianza's claim of ownership of the mines and decreed:
The appellees are Igorrots [sic], and it is found that, for fifty years,
and probably for many more, Fianza and his ancestors have held
possession of these mines. He now claims title under the Philippine act of
July 1, 1902, chap. 1369, 45, 32 Stat. at L. 691. This section reads as
follows:
'That where such person or association, they and their
grantors, have held and worked their claims for a period
equal to the time prescribed by the statute of limitations of
the Philippine Islands, evidence of such possession and
working of the claims for such period shall be sufficient to
establish a right to a patent thereto under this act, in the
absence of any adverse claim; but nothing in this act shall
be deemed to impair any lien which may have attached in
any way whatever prior to the issuance of a patent.'
It is not disputed that this section applies to possession maintained
for a sufficient time before and until the statute went into effect. . . . The
period of prescription at that time was ten years. . . Therefore, as the
United States had not had the sovereignty of the Philippines for ten years,
the section, notwithstanding its similarity to Rev. Stat. 2332, U. S. Comp.
Stat. 1901, p. 1433, must be taken to refer to the conditions as they were
before the United States had come into power. Especially must it be
supposed to have had in view the natives of ... the islands, and to have
intended to do liberal justice to them. By 16, their occupancy of public
lands is respected and made to confer rights. In dealing with an Igorrot
[sic] of the provinee of' Benguet, it would be absurd to expect technical
niceties, and the courts below were quite justified in their liberal mode of
dealing with the evidence of possession and the possibly rather gradual
143
144
145
Fianza v. Reavis, 7 Phil. 610, 613-614 (1907) [Per J. Willard, En Banc].
Id. at 614.
Id. at 615.
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