Cruz and Europa v. Secretary of Environment and Natural Resources

[136] In 1901, Cariño had entered into a promissory agreement with a U.S. merchant in Manila. The note obliged Cariño to sell the land at issue "as soon as he obtains from the Government of the United States, or its representatives in the Philippines, real and definitive title." See Lynch, Invisible Peoples, supra, at 290, citing Government's Exhibit G, Records, at 137-138, Cariño. [137] Cariño v. Insular Government, supra, at 939. [138] Ibid. [139] Id. at 940. [140] Id. at 941. [141] Id. at 941-942. [142] Aranal-Sereno and Libarios, The Interface Between Kalinga Land Law, supra at 428--This artcile was one of those circulated among the Constitutional Commissioners in the formulation of Sec. 5, Article XII of the 1987 Constitution (4 Record of the Constitutional Commission 33). [143] Id. at 944. [144] Certificate of Title No. 2 covering the 148 hectares of Baguio Municipality was issued not in the name of Cariño who died on June 6, 1908, but to his lawyers John Hausserman and Charles Cohn and his attorney-in-fact Metcalf Clarke. Hausserman, Cohn and Clarke sold the land to the U.S. Government in a Deed of Quitclaim-- Richel B. Langit, Igorot Descendants Claim Rights to Camp John Hay, Manila Times, p. 1, Jan. 12, 1998. [145] Id. at 939. [146]57 P.L.J. 268, 293-296 [1982]. [147] From 1987 to 1988, Prof. Lynch allowed the P.L.J. to publish parts of his doctoral dissertation at the Yale Law School entitled "Invisible Peoples: A History of Philippine Land Law." Please see the Legal Bases of Philippine Colonial Sovereignty: An Inquiry, 62 P.L.J. 279 [1987]; Land Rights, Land Laws and Land Usurpation: The Spanish Era (1568-1898), 63 P.L.J. 82 [1988]; The Colonial Dichotomy: Attraction and Disenfranchisement, 63 P.L.J. 112; Invisible Peoples and a Hidden Agenda: The Origins of Contemporary Philippine Land Laws (1900-1913), 63 P.L.J. 249. [148] "Native title" is a common law recognition of pre-existing aboriginal land interests in Autsralia-- Maureen Tehan, Customary Title, Heritage Protection, and Property Rights in Australia: Emerging Patterns of Land Use in the Post-Mabo Era, 7 Pacific Rim Law & Policy Journal, No. 3, p. 765 [June 1998]. [149] Lynch, Native Titles, supra, Note 164, p. 293. [150] 39 Phil. 660 [1919]. [151] Id. at 712-713. [152] Id. at 694.