Carino v.

Insular Government

212 U.S. 449, February 23, 1909

Facts:
Mateo Carino is from the province of Benguet and submitted a registration of his parcel of
land in an area of 148 hectares and has been lived in since time of immemorial.
This piece of land include of John Hay of military reservation in Baguio city. He maintained that his
ancestors are the owners of the land for more than 50 years which they inherited under the Igorot
Customs.

Later on, he petition for registration before the court of first instance eventually denied
the petition of registration. It states the land area is within the US MIlitary reservation. So, the
insular government imposed granting this petition alleging the parcel of land is government-
owned public property and that is the same never acquire in any manner or any title regression to
the state. Under the Spanish law all lands belongs to the Spanish crown except those have permit
covered from private title. Moreover there is no prescription against the crown.

Issue:
Whether or not the parcel of land owned by Carino?

Ruling:
Yes, the land belongs to Carino under the Igorot Law. He had inherited it from his
ancestors in accordance with the native customs and his title had never been question. Under the
Organic Act of July 1, 1092, c. 1369 stat. 691, property rights are to be administered for the benefit
of the inhabitants. One who actually owned land for many years cannot be deprived of it for
failure to comply with certain ceremonies prescribed either by the acts of the Philippine
Commission or by Spanish Law. This is the basic tenet upon which the concept of ownership via
“native tile” was founded.

Under the express provisions of law, a parcel of land, being of common

origin, presumptively belonged to the State during its sovereignty, and, in order to perfect the
legitimate acquisition of such land by private persons, it was necessary that the possession of the
same passed from the State. And there is no evidence or proof of title of regression of this land
from the domain of the Spanish Government, nor is there any possessory information equivalent
to title by composition or under agreement.