04/02/2020
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The Court went further:
"[E]very presumption is and ought to be against the government in a
case like the present. It might, perhaps, be proper and sufficient to
say that when, as far back as testimony or memory goes, the land
has been held by individuals under a claim of private ownership, it
will be presumed to have been held in the same way from before
the Spanish conquest, and never to have been public land.
Certainly in a case like this, if there is doubt or ambiguity in the Spanish
law, we ought to give the applicant the benefit of the doubt."[140]
The court thus laid down the presumption of a certain title held (1) as far back as
testimony or memory went, and (2) under a claim of private ownership. Land held
by this title is presumed to "never have been public land."
Against this presumption, the U.S. Supreme Court analyzed the Spanish decrees
upheld in the 1904 decision of Valenton v. Murciano. The U.S. Supreme Court
found no proof that the Spanish decrees did not honor native title. On the contrary,
the decrees discussed in Valenton appeared to recognize that the natives owned
some land, irrespective of any royal grant. The Regalian doctrine declared in the
preamble of the Recopilacion was all "theory and discourse" and it was observed that
titles were admitted to exist beyond the powers of the Crown, viz:
"If the applicant's case is to be tried by the law of Spain, we do
not discover such clear proof that it was bad by that law as to
satisfy us that he does not own the land. To begin with, the older
decrees and laws cited by the counsel for the plaintiff in error
seem to indicate pretty clearly that the natives were recognized
as owning some lands, irrespective of any royal grant. In other
words, Spain did not assume to convert all the native inhabitants of the
Philippines into trespassers or even into tenants at will. For instance,
Book 4, title 12, Law 14 of the the Recopilacion de Leyes de las Indias,
cited for a contrary conclusion in Valenton v. Murciano, 3 Philippine 537,
while it commands viceroys and others, when it seems proper, to call for
the exhibition of grants, directs them to confirm those who hold by good
grants or justa prescripcion.
It is true that it begins by the
characteristic assertion of feudal overlordship and the origin of all
titles in the King or his predecessors. That was theory and
discourse. The fact was that titles were admitted to exist that
owed nothing to the powers of Spain beyond this recognition in
their books." (Emphasis supplied).[141]
The court further stated that the Spanish "adjustment" proceedings never held sway
over unconquered territories. The wording of the Spanish laws were not framed in a
manner as to convey to the natives that failure to register what to them has always
been their own would mean loss of such land. The registration requirement was "not
to confer title, but simply to establish it;" it was "not calculated to convey to the
mind of an Igorot chief the notion that ancient family possessions were in danger, if
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
31/148
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