Carino vs Insular

Petitioner:

Mateo carino, an igorot form the province of benguet, contest for dismissal of application
of registration of their ancestral land through a writ of error
Carinos ancestors maintained fences, cattle, cultivate some parts, and pastured parts for
cattles for more than 50 years before the treaty of Paris (April 11 1899). This land is also
used for inheritance in accordance to igorot customs
- Although the plaintiff applied in 1893-1894 and 1896-1897, no document of title
was issued by Spanish Crown. In 1901 plaintiff alleged ownership under
mortgage law and the land were registered to him but it only established
possessory title.
Then, the lower court granted the application of the land registration on March 4 1901.
An appeal was filed in behalf of Government of the Philippines and as US having taken
possession of property for military and public purposes. Thus the application of
registration was dismissed
Plaintiff argues that the respondents argument seems to amount denial of native titles
throughout an important Island of Luzon

Respondent:

Argues that given the Spanish assumed and asserted that they had title to all the land in
the Philippines except to permit private lands to acquired.
No prescription against the Spanish Crown
Decree of june 25 1880 required registration within a limited time to make then title good
Us succeeded the title of Spain (through Treaty of Paris)
Plaintiffs land not registered and he had lost all right and mere trespassers
Also, benguet nevr brought under civil or military government of Spanish crown. So it is
not certain whether the registration granted was under Spanish Laws.

Court:

Carino should be granted what he seeks and should not be deprived of what by the
practice and belief of those among whom lived, was his property , through interpretation
of an almost forgotten law of Spain.
The grant of the plaintiff was the result of the principle of prescription as
mention in the royal cedula of 1754 states; where such possessor shall not
shall not be able to produce title deeds, it shall be sufficient if they shall
show that ancient possession , as a valid title by prescription
The decree of june 25 1880 states that possessor for certain times shall be
deemed owners; if a cultivated land 20 years, in uncultivated 30 years.
 o Here, Carinos gather was the owner of the land by the very terms
of this decree by organic Act of july 1 1902, all the property and
rights acquired there by the united states are to be administered
for the benefit of the inhabitants thereof . Obiter writ of error is
the general method of bringing cases to this court (federal SC), and
appeal the exception, confined equity in the main
Every presumption is and ought to be against the government in a case
like this.
The court said that the reason for taking over the Philippines was different
(compared to occupation of white race against Native American) . Our
first object in the internal administration of the island is to do justice to the
natives not to exploit their country for private gain
The effect of proof was not to confer title but simply to establish it, as
already conferred by the decree, if not by earlier law.