In its broad sense, the term “jura regalia” refers to royal rights, or those rights which the King

has by
virtue of his prerogatives. In Spanish law, it refers to a right which the sovereign has over anything in
which a subject has a right of property or propriedad. These were rights enjoyed during feudal times by
the King as the sovereign.

Mateo Cariño vs. Insular Government

212 U.S. 449, 1909

Facts:
Mateo Cariño is an Igorot of the province of Benguet. For more than 50 years
before the Treaty of Paris, April 11, 1899, he and his grandfather had lived upon it,
and had maintained fences sufficient for the holding of cattle.
His father had cultivated parts and had used parts for pasturing cattle, and he had
used it for pasture in his turn.
They all had been recognized as owners by the Igorot and he had inherited or
received the land from his father, in accordance with Igorot custom.
He applied for the registration of a certain land. There was no document of title
issued for the land when he applied for registration.
The government contends that the land in question belonged to the state.

Under the Spanish Law, all lands belonged to the Spanish Crown except those with
permit private titles. Moreover, there is no prescription against the Crown.

In 1893 -1894 and 1896 -1897; he made an application but with no avail. In 1901,
the plaintiff filed a petition, alleging ownership, under the mortgage law, and the
lands were registered to him, that process, however, establishing only possessory
title.
Even if the applicant has 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/s:
A.) Whether the land in question belonged to the Spanish Crown under the
Regalian Doctrine.
B.) Whether Cariño has ownership and is entitled to registration.

Ruling:
A.) No. Law and justice require that the applicant should be granted title to his
land.
In its broad sense, the term “jura regalia” refers to royal rights, or those rights which the King has by
virtue of his prerogatives. In Spanish law, it refers to a right which the sovereign has over anything in
which a subject has a right of property or propriedad. These were rights enjoyed during feudal times by
the King as the sovereign.

The United States Supreme Court, through Justice Holmes declared:

“ It might perhaps, be proper and sufficient to say that when, as far as testimony or
memory goes, the land has been held by individuals under a claim of private
ownership, it will be presumed to have been held in the same way from before the
Spanish conquest, and never to have been public land.”
There is an existence of native title to land, or ownership of land by Filipinos by
virtue of possession under a claim of ownership since time immemorial and
independent of any grant from the Spanish Crown, as an exception to the theory of
(jura regalia) Regalian Doctrine.

B.) YES. Petition Granted.

a. Land was not registered, and therefore became, if it was not always, public land.
b. Spanish Law: "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.
c. Every native who had not a paper title is not a trespasser.
d. Applicant's possession was not unlawful, and no attempt at any such
proceedings against him or his father ever was made.
e. 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.