Like us on Facebook

Please wait..10 Seconds Cancel

Land Titles and Deeds Case Digest: Carino v. Insular Government (1909)

212 U.S. 449 February 23, 1909
Lessons Applicable: (Land Titles and Deeds)
  • Sec. 2 Art. XII 1987 Constitution

  • Carino is an Igorot of the Province of Benguet, where the land lies filed for writ of error because the CFI and SC dismissed his petition for application

  • For more than 50 years before the Treaty of Paris, April 11, 1899, he and his ancestors had held the land as recognized owners by the Igorots. (grandfather maintain fences for holding cattle>father had cultivated parts and used parts for pasturing cattle>he used it for pasture)

  • 1893-1894 & 1896-1897: he made an application but with no avail

  • 1901: petition alleging ownership under the mortgage law and the lands were registered to him but process only established possessory title

  • Even if the applicant have 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: W/N Carino has ownership and is entitled to registration.
HELD: YES. Petition Granted.  
  • Land was not registered, and therefore became, if it was not always, public land.

  • 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.

  • Applicant's possession was not unlawful, and no attempt at any such proceedings against him or his father ever was made. 

  • Every native who had not a paper title is not a trespasser.

  • 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.