Separate Concurring Opinion
27
G.R. No. 224469
On June 22, 1903, Mateo Carino (Carino), an Igorot of the Province
of Benguet, filed a petition before the Court of Land Registration in order to
register a piece of land located in the same province. 135 According to
Carino, he and his ancestors owned the land over 50 years before the Treaty
of Paris. They have maintained fences for cattle and have cultivated the land
subject of the petition for registration. Furthermore, they have been
recognized as owners of the land by the other Igorots. Carino also stated
that he had inherited the land from his father in accordance with Igorot
custom, and that he had made prior applications before the Spanish Crown to
register the land, but nothing seemed to have come of it. 136
The Court of Land Registration gave due course to the petition for
registration. However, the Benguet Court of First Instance reversed the
decision on appeal and dismissed Carino' s application. This decision was
affirmed by the Philippine Supreme Court. 137
Through a writ ~of e,rror, the case reached the United States Supreme
Court. It reversed the Philippine Supreme Court's decision and upheld
Carino's ownership of the land in question. The United States Supreme
Court decreed that, whatever Spain's position may have been in relation to
the status of Carino' s application for registration, it does not follow that he
had lost his rights over the land subject of registration when the United
States assumed sovereignty over the Philippines. Thus:
The argument to that effect seems to amount to a denial of native titles
throughout an important part of the island of Luzon, at least, for the want
of ceremonies which the Spaniards would not have permitted and had not
the power to enforce. 138
Citing the Philippine Bill of 1902, the United States Supreme Court
went on further and held:
In the light 9f th~ declaration that we have quoted from section 12,
it is hard to believe- that the United States was ready to declare in the next
breath that "any person" did not embrace the inhabitan~s of Benguet, or
that it meant by "property" only that which had become such by
ceremonies of which presumably a large part of the inhabitants never had
heard, and that it proposed to treat as public land what they, by native
custom and by long association - one of the profoundest factors in human
thought - regarded as their own.
134
135
136
137
138
J. Leonen, Separate Opinion in Heirs a/Malabanan v. Republic, 717 Phil. 141, 208-209 (2013) [Per J.
Bersamin, En Banc].
Owen James Lynch, Jr., Native Title, Private Right and Tribal Land Law: An Introductory Survey, 57
PHIL. L. J. 268, 276 (1982).
Carino v. Insular Government, 212 U.S. 449,456 (1909).
Carino v. Insular Government, 7 Phil. 132 (1906) [Per J. Willard, En Banc].
Carino v. Insular Government, 212 U.S. 449, 458 (1909).
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