3Carino vs Insular Government of the Philippines

FACTS: Carino is an Igorot in the province of Benguet, where the land. Carino and his ancestors had held
the land as owners since time immemorial. He is recognized as owners by the Igorots and he inherited
the land from his father in accordance with Igorot customs. No document of title was issued from the
Spanish Crown. The government has taken possession of the property for public and military purposes.
The position of the government is that, Spain assumed, asserted and had title to all the land in the
Philippines except so far as it saw fit to permit private titles to be acquired. The Supreme Court denied
Carino of his claim and ruled in favour of the government and the case was brought to US Supreme
Court by writ of error.

Issue: WON Carino owns the land

Held: YES. US Supreme Court reversed the decision of the Philippine Supreme Court and granted Carino
ownership over the land. Justice Holmes delivered the opinion of “native title” to valid land rights
established by testimonies or memories on land that has been held, occupied and utilized in ownership
since time immemorial by indigenous populations. The decree of June 25, 1880 made Carino’s father the
legal owner of the land when it declared that those who have been in possession for 20 years (cultivated
land) or 30 years (uncultivated land) shall be deemed owners. In addition, Benguet was inhabited by a
tribe, characterized as a savage tribe and was never brought under the civil or military government of
the Spanish Crown. Thus, the government do not own the land and Carino obtained legal ownership
over it through the decree of June 25, 1880.