04/02/2020
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and true deeds of grant be restored to us as they belong to us, in order
that after reserving before all what to us or to our viceroys, audiencias,
and governors may seem necessary for public squares, ways, pastures,
and commons in those places which are peopled, taking into
consideration not only their present condition, but also their future and
their probable increase, and after distributing to the natives what may be
necessary for tillage and pasturage, confirming them in what they now
have and giving them more if necessary, all the rest of said lands may
remain free and unencumbered for us to dispose of as we may wish.
We therefore order and command that all viceroys and presidents of
pretorial courts designate at such time as shall to them seem most
expedient, a suitable period within which all possessors of tracts, farms,
plantations, and estates shall exhibit to them and to the court officers
appointed by them for this purpose, their title deeds thereto. And those
who are in possession by virtue of proper deeds and receipts, or by virtue
of just prescriptive right shall be protected, and all the rest shall be
restored to us to be disposed of at our will."[4]
The Philippines passed to Spain by virtue of "discovery" and conquest. Consequently,
all lands became the exclusive patrimony and dominion of the Spanish Crown. The
Spanish Government took charge of distributing the lands by issuing royal grants
and concessions to Spaniards, both military and civilian.[5] Private land titles could
only be acquired from the government either by purchase or by the various modes
of land grant from the Crown.[6]
The Laws of the Indies were followed by the Ley Hipotecaria, or the Mortgage
Law of 1893.[7] The Spanish Mortgage Law provided for the systematic registration
of titles and deeds as well as possessory claims. The law sought to register and tax
lands pursuant to the Royal Decree of 1880. The Royal Decree of 1894, or the
"Maura Law," was partly an amendment of the Mortgage Law as well as the Laws of
the Indies, as already amended by previous orders and decrees.[8] This was the last
Spanish land law promulgated in the Philippines. It required the "adjustment" or
registration of all agricultural lands, otherwise the lands shall revert to the state.
Four years later, by the Treaty of Paris of December 10, 1898, Spain ceded to
the government of the United States all rights, interests and claims over the national
territory of the Philippine Islands. In 1903, the United States colonial government,
through the Philippine Commission, passed Act No. 926, the first Public Land
Act.
B. Valenton v. Murciano
In 1904, under the American regime, this Court decided the case of Valenton v.
Murciano.[9]
Valenton resolved the question of which is the better basis for ownership of land:
long-time occupation or paper title. Plaintiffs had entered into peaceful occupation
of the subject land in 1860. Defendant's predecessor-in-interest, on the other hand,
purchased the land from the provincial treasurer of Tarlac in 1892. The lower court
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