The Philippine Islands, 1493-1898, Volume 51, 1801-1840: Explorations by early navigators, descriptions of the islands and their peoples, their history and records of the catholic missions, as related in contemporaneous books and manuscripts, showing the political, economic, commercial and religious conditions of those islands from their earliest relations with European nations to the close of the nineteenth century
History
The Philippine Islands, 1493-1898, Volume 51, 1801-1840: Explorations by early navigators, descriptions of the islands and their peoples, their history and records of the catholic missions, as related in contemporaneous books and manuscripts, showing the political, economic, commercial and religious conditions of those islands from their earliest relations with European nations to the close of the nineteenth century
Demarcation line of Alexander VI; Missions -- Philippines; Philippines -- Discovery and exploration; Philippines -- History -- Sources
The lack of clear and exact laws for properly authenticating the
documents regarding the ownership of the lands of the Indians, and
the uncertain and unlimited possession which the villages have of
lands under the pretext, of their being communal, have been and always
will be in Filipinas the origin of a multitude of ruinous lawsuits and
contentions--sometimes those of Indians and villages among themselves,
sometimes between these and the Spanish and mestizo proprietors. The
Indians, as a rule, have no title of ownership in the lands which they
possess, and if any one has such it is a private document, signed
by other Indians--who with the greatest readiness deny, change,
and forge their signatures--or it will be simply a writing signed
by the alcalde-mayor, a copy of which, if it remains in the court,
will disappear or be mutilated, with equal readiness, by the Indian
clerks of the alcalde, in whose charge the archives are--if indeed
these are not entirely destroyed in the frequent fires which occur in
the villages. The most common method which the Indians of the villages
have for proving their territorial property is by tradition, and the
depositions of witnesses; and with that powerful weapon they undertake
and maintain the most contentious lawsuits, aided by the fiscals of
the Audiencia--who often forget that their office of defenders of the
Indians is bona fide, and for the sake and protection of the natives
in the tribunals to which the laws commend them. But any person who may
have exercised the duties of magistrate for any time in Filipinas will
know that in the decisions of judges there is nothing more discredited
than the evidence presented by Indian and mestizo witnesses, who
are not restrained from perjury by either an intimate acquaintance
with the obligations of religion or by sentiments of conscience,
honor, and reputation. It is very common to see, in court cases,
that witnesses of that sort will swear, and then contradict their
own testimony, according as the witnesses [are affected by] either
their own interests or the influence of the litigant who presents them.
These causes, besides rendering the lawsuits of this kind eternal, have
very frequently produced scandalous disobedience of the villagers to
the enactments of the Audiencia of the islands, and uprisings of armed
men in order to prevent effectually even the judicial possession of
the crown lands which had been sold, with all the formalities of the
laws, by the government there; and, finally, they withhold the Spanish
families and persons of wealth from purchasing rural establishments in
order to undertake on a large scale the cultivation of the products
of the country, which is perhaps the only means of promoting the
agriculture of the islands.
Public-domain text, read in full here on John Shaqi.
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