04/02/2020
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Zamboanga. Four ethnic groups were within this jurisdiction: Sama, Tausug, Yakan
and Subanon.[62] The Sultanate of Maguindanao spread out from Cotabato toward
Maranao territory, now Lanao del Norte and Lanao del Sur.[63]
The Muslim societies evolved an Asiatic form of feudalism where land was
still held in common but was private in use. This is clearly indicated in the
Muslim Code of Luwaran. The Code contains a provision on the lease of cultivated
lands. It, however, has no provision for the acquisition, transfer, cession or sale of
land.[64]
The societies encountered by Magellan and Legaspi therefore were primitive
economies where most production was geared to the use of the producers and to the
fulfillment of kinship obligations. They were not economies geared to exchange and
profit.[65] Moreover, the family basis of barangay membership as well as of
leadership and governance worked to splinter the population of the islands into
numerous small and separate communities.[66]
When the Spaniards settled permanently in the Philippines in 1565, they
found the Filipinos living in barangay settlements scattered along water
routes and river banks. One of the first tasks imposed on the missionaries and
the encomenderos was to collect all scattered Filipinos together in a reduccion.[67]
As early as 1551, the Spanish government assumed an unvarying solicitous attitude
towards the natives.[68] The Spaniards regarded it a sacred "duty to conscience and
humanity to civilize these less fortunate people living in the obscurity of ignorance"
and to accord them the "moral and material advantages" of community life and the
"protection and vigilance afforded them by the same laws."[69]
The Spanish missionaries were ordered to establish pueblos where the church and
convent would be constructed. All the new Christian converts were required to
construct their houses around the church and the unbaptized were invited to do the
same.[70] With the reduccion, the Spaniards attempted to "tame" the reluctant
Filipinos through Christian indoctrination using the convento/casa real/plaza complex
as focal point. The reduccion, to the Spaniards, was a "civilizing" device to make the
Filipinos law-abiding citizens of the Spanish Crown, and in the long run, to make
them ultimately adopt Hispanic culture and civilization.[71]
All lands lost by the old barangays in the process of pueblo organization as
well as all lands not assigned to them and the pueblos, were now declared
to be crown lands or realengas, belonging to the Spanish king. It was from
the realengas that land grants were made to non-Filipinos.[72]
The abrogation of the Filipinos' ancestral rights in land and the introduction
of the concept of public domain were the most immediate fundamental
results of Spanish colonial theory and law.[73] The concept that the Spanish
king was the owner of everything of value in the Indies or colonies was
imposed on the natives, and the natives were stripped of their ancestral
rights to land.[74]
Increasing their foothold in the Philippines, the Spanish colonialists, civil and
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