The times. [volume] (Washington [D.C.]) 1897-1901, 1900-05-27
PHILIPPINE Land LAWS
A System Fairly Akin to That of
the Middle Ages.
Great Estntes in the Islands Under
Control of Religious Orders-Frfars
OF the Church Probably the LarE-
est Owners of Property Acquired
by Gfft-Compiaints of Tenants.

other made them resolve to throw off the
Spanish yoke. was the land question. This
dispute now confronts the American au-
thorities and an adjustment of it satisfac-
tory to the natives would go far toward
ending the insurrection. 1t has been posi-
lively stated by one of the officials of the
Aguinaldo government that when it is set
tied all opposition to the American Gov
eminent of the islands will cease. The
question is largely one of the relation of
landlord and tenant, and, like the land
question in Ireland today. it arises from
the fact that large tracts of land are
owned, or claimed to be owned. by individ-
uals. churches, and corporations who de-
mand rent from the real occupants of the
land. many of whom have had possession
for years and who feel that the property is
rightfully theirs. 1t is this same question
which is the cause of the strong sentiment
in the islands against the friars, for the
church is enc of the largest landholders.
The land laws of the Philippines are very
incomplete and although laws have been
in existence from very early times they
have beer little used and the registry OF
titles was almost unknown until the present
century. Even now registry is looked upon
as rather unnecessary proceeding. As
Filipino gentleman recently said: Our
word was our bond. Papers were not need
ed. A promise was valid" The Spaniards
recognized at the first the holdings Of ma
tive farmers. All realangos or uncultivated
lands were supposed to belong to the gov
eminent and it allowed natives to squat
and build on the public lands without any
regular form of law. If the small annual
tax were paid, the holding was respected
These unregistered holdings were often
transferred from one native to another
without any form of law or registry.
This condition of affairs could not con-
tinue, because the land-sharpers and the
Government favorites soon saw that
profit to themselves could be made out of
the lax methods of transfer. Then more
rigid laws became necessary. But the
laws were so cumbersome that the more
ignorant people in the interior never at
tempted to make use of them to register
their lands. and many Of those who were
intelligent enough to understand the i'm
portance of having clear title of property
never registered their holdings because
the risk of Icing involved in legal pro-
ceedipgs constituted the greater danger. AS
a consequence families that had owned
land for generations accepted the claims of
some Landlord who had by Illegal means
obtained title to their property, rather
than fight the matter in the courts. 1t was
cheaper to pay rent than to pay the ex-
penses OF a law suit Great confusion re-
suited from this condition of the land laws
and the Government was forced TO take
some action In the matter.
Forty years ago or thereabout, one of
the Governor Generals called upon all
landowners to register their property.
Again In 1894, when the mortgage law was
promulgated, an opportunity was given to
the property holders to prove their claims
and make valid their titles by showing ten
years undisputed possession Of their iand.
As before, the ignorant ones paid no at
tention to the law and the unprincipled
ones took advantage OF il to Streag hen
their hold on the land already occupied and
to register their own land together with
that Of as many of their neighhors as was
possible This may seem like an act of
kindness toward the neighbors. but the
truth is that all the properties were regis
tered in the one name. and the landholders
suddenly found themselves tenants CT their
kind neighbor. Disputes were frequent. of
course. but il was not difficult to get the
Government to decide them in favor Of the
one who had registered the land. In the
underhand and Illegal way outlined above,
many large estates were formed from the
small holdings Of number of individuals
On many of these large estates the ten
ant is protected to some extent, because
under the law he holds the land for an
indefinite period and cannot be elected
from the property by the owner. In fact.
he is co-owner. and has a voice in the
selling of the land he leases so long as he
pays yearly rent to the landlord. The
system is almost feudal. for although
there is no military service involved the
tenants in many cases look to the land
lord fer protection and help when they
need them. During the war the house
of an old Filipino in Manila was crowded
with tenants from his estates in the prov
inces. They had come to him for pro-
lection against the Tagalog forces, and
the fact that some of them had lost the
ownership of the lands they occupied
through the trickery of the old man did
not seem to inspire any resentment. The
principal thing which under this system
made the tenant dissatisfied was that
when he had by hard work improved the |
property he was frequently compelled TO |
pay higher rent to the landlord Some |
OF the tenants rent their farms from year |
TO year, and do not enjoy the rights of the |
class mentioned.
The large holders of lands in the Phil /
ippines are the religious orders or friars.
and various private parties-Spaniards, |
Mesuzos, and F1lipinos. The friars are |
perhaps the largest landholders, regard |
less OF the schools and churches owned |
by them, and speaking only of the large |
estates they hold in the country round |
about Manila and in the remoter prov !
inces. These lands are said to have been |
acquired by gift from some devo.ee or |
from the State. or by purchase. and the !,
properties represent the investments of |
the corporations and correspond to endow- /
ments in our own country. The income |
from the estates is used. so it is said. !
for the support Of the schools and semi |
naries in Spain. They are exceedingly |
and have made the religious or
ders here very wealthy.
n is almost impossible to ascertain the
extent of the holdings or the friars One
Of their number. who was interviewed
Gained not TO know and said that only
the superiors of the orders had any ac-
curate Information on the subject Con-
lectures are frequently made. but are like
~ to be far from the truth For instance
one'friar said that all the cultivated land |
Is held by the orders" Another says the
church has sea OF plantations" II is
nevertheless positive fact that the prop
erty Of the orders is very large. The Do
ninican order. for instance has eight es-
lases In the neigrborhood of Manila with
an area OF 10000 acres of land. including
many towns and villages The Augustin-
ans have also large estates, one OF which |
ust south OF Manila. is of enormous size.
Many estates are held by individuals or
antilles. The Tuason family. rich mesti-
'o-chinos, hold large part OF the Mari
,uina Valley including the town Of that |
iame, while Spaniard named Gonzales.
las a very large place at the junction of