Cruz and Europa v. Secretary of Environment and Natural Resources

[88] Cariño vs. Insular Government, supra note 75, at 943. [89] Book 4, Title 12, Law 9, decreed by Philip II, 1 June 1594. We order that grants of farms and lands to Spaniards be without injury to the Indians and that those which have been granted to their loss and injury, be returned to the lawful owners. Book 4, Title 12, Law 14. We having acquired full sovereignty over the Indies, and all lands, territories, and possessions not heretofore ceded away by our royal predecessors, or by us, or in our name, still pertaining the royal crown and patrimony, it is our will that all lands which are held without proper and true deeds of grant be restored to us according as they belong to us, in order that x x x after distributing to the natives what may be necessary for tillage and pasteurage, confirming them in what they now have and giving them more if necessary, all the rest of said lands may remain free and unencumbered for us to dispose of as we wish. [Quoted in Valenton v. Murciano, 3 Phil. 537, 542-543 (1904).] (Emphasis supplied.) Book 6, Title 1, Law 15, decreed by King Philip II, at Madrid, 7 November 1574. We command that in the Philippine Islands the Indians not be removed from one to another settlement by force and against their will. Book 6, Title 1, Law 23, otherwise known as Ordinance 10 of 1609 decreed by Philip III. It is right that time should be allowed the Indians to work their own individual lands and those of the community. Book 6, Title 1, Law 32, decreed by Philip II, 16 April 1580. We command the Viceroys, Presidents, and Audiencias that they see to it that the Indians have complete liberty in their dispositions. Royal Cedula of October 15, 1754. 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; x x x. [Quoted in Valenton v. Murciano, supra, at 546.] (Emphasis supplied.) [90] Article 6 of the royal decree of June 25, 1880, quoted in Valenton v. Murciano, supra note 89 at 549. [91] Cariño v. Insular Government, supra note 75, at 944. [92] Memorandum of Petitioners, par. 3.4, Rollo, pp. 845-846. [93] The Treaty of Paris reads in part: Article III. Spain cedes to the United States the archipelago known as the Philippine Islands, x x x. The United States will pay to Spain the sum of twenty million dollars, within three months after the exchange of the ratifications of the present treaty. x x x Article VIII. In conformity with the provisions of Articles One, Two, and Three of this treaty, Spain relinquishes in Cuba, and cedes in Porto Rico and other islands of the West Indies, in the Island of Guam, and in the Philippine Archipelago, all the buildings, wharves, barracks, forts, structures, public highways, and other immovable property which, in conformity with law, belong to the public domain and as such belong to the Crown of Spain. And it is hereby declared that the relinquishment or cession, as the case may be, to which the preceding paragraph refers, can not in any respect impair the property or rights which by law belong to the peaceful possession of property of all kinds, of provinces, municipalities, public or