Carino v.

Insular Government

Facts:

Carino is an Igorot of the Province of Benguet. For more than 50 years before the Treaty of Paris,
April 11, 1899, he and his ancestors had held the land as recognized owners by the Igorots. His
grandfather maintained fences for holding cattle then his father had cultivated parts and used parts for
pasturing cattle and thereafter he used it for pasture.

On 1893-1894 & 1896-1897, he made an application but with no avail. On 1901, Carino
petitioned alleging ownership under the mortgage law, but only granted him possessory title.

Even with the possessory title, he cannot have it registered, because the Philippine
Commission's Act No. 926, of 1903, excepts the Province of Benguet among others from its operation.

Issue: WON Carino has ownership to the said land, and is entitled to registration.

Ruling:

YES. Petition Granted.

Land was not registered, and therefore became, if it was not always, public land.

Spanish Law dictates that "Where such possessors 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." For
cultivated land, 20 years, uninterrupted, is enough. For uncultivated, 30 years.

Applicant's possession was not unlawful, and no attempt at any such proceedings against him or
his father ever was made.

Every native who had not a paper title is not a trespasser.

There must be a presumption against the government when a private individual claims property
as his or her own. It went so far as to say that the lands will be deemed private absent contrary proof.