Carino vs. Insular Government (212 U.S.

449,1909)
FACTS:

The Philippine Court of Land Registration approved an application form on March 4, 1904. The
application was rejected by the Court of First Instance of the Province of Benguet on appeal by the
governments of the Philippines and the United States, which had seized control of the land for public
and military reasons. As a result of the Supreme Court's affirmation of the verdict, the matter was
escalated to the United States Supreme Court by writ of error.

An Igorot of the Province of Benguet whose ancestors held the land as owners, and his father who used
some parts for pasturing cattle after which, plaintiff, himself, used it for pasture. All Igorots recognized
them as owners of the said land although no document of title was issued by the Spanish Crown even
though applications under royal decrees were made in 1893-1894 and 1896-1897.

Court upholds that writ of error is the right mode adopted by the Government to bring up a case
brought up by plaintiff in relation to lands belonging to him. In 1901, plaintiff filed a petition, alleging
ownership of the lands under mortgage law and the lands were registered to him under possessory title.

Petitioner claims that if he had title, he cannot register it since the Philippine Commission's Act No. 926
of 1903 exempts the Province of Benguet from its application. Petitioner claims that because he owns
the property, he is eligible for registration under Philippine Commission Act No. 496 of 1902.

The PH Supreme Court's decision is overturned.

ISSUE:

Even if the successor owns the land.

RULING:

YES. The Province of Benguet was never brought under civil or military government of the Crown and
thus, it is probable that Spain would not have granted to anyone in that province the registration of
lands. Cariño acquired his land from an ancestry predating the American government and even the
establishment of the Spanish government.

The acquisition of Philippines from Spain was not meant to be similar to the settlement of the white race
in the United States. It was to do justice to the natives and not exploit the country for private gain. It
does not follow then that the holder of land lost all rights and became a trespasser when the present
government seized his land.

Land kept in private possession during Spanish era must be presumed to be so, and failure to register
these holdings under Spanish law does not return them to public domain. Depriving indigenous of their
land titles is a violation of the Constitution, which states that "no legislation shall be established in said
islands depriving any person of life, liberty, or property without due process of law."