The Philippine Islands, 1493-1898, Volume 52, 1841-1898: 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 52, 1841-1898: 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 pacto de retro is one of the most usual modes in which landed
property passes from the possession of the natives to others. A
considerable part of Pampanga, Bataan, Manila, Laguna, Batangas,
and other provinces has, within a few years, changed owners in this
way. Thus also do the inexpressibly cunning and thrifty mestizos
usually acquire their landed possessions, the cultivation of which
they then improve; but that does not prevent this custom from being
detrimental to the public welfare. The native who possesses a piece of
land through placing it under cultivation and actually occupying it,
but almost never (or very seldom) by purchase from another owner, when
he finds himself in pressing need of money offers his land as a pledge
for the desired loan from a capitalist; but where he has no document to
establish and prove his just claim, no foundation exists for a loan on
mortgage under moderate conditions, since the applicant is free from
all burdens and obligations. The capitalist therefore looks for his
own security in immediate possession. The hypotheca is converted into
an antichresis security (prenda pretoria), and as it is with great
difficulty (or at least it very seldom occurs), that the Indian who
receives the money consents to pay it back at the appointed time,
and it is not to the lender's interest to force him to pay it, the
result is, that for a sum corresponding to the secured loan--that is,
for a half or a third of the value of the security--the piece of land
finally changes proprietors. Not seldom it happens that the former
proprietor remains on the land as a farmer (that is, as a laborer,
in reality as a slave to his debts). Often the Indian is seduced into
contracts of this sort by his passion for cockfighting and gambling.
The laws of the country require the Indians to live in villages,
uniting their farms into hamlets, so that they can be watched over
and their tributes collected. In ordinary circumstances, the Indian
builds for himself a hut in his field, where he lives while he is
working his land, and goes on Saturday evenings to the village in
order to hear mass on Sunday. His field has no great value for him,
since he can always put another piece of land into cultivation,
so great is the surplus of land in all the villages remote from
the capital. The facility with which he can abandon one tract to
take possession of another is very detrimental to the development
of agriculture. A small landed proprietor, who has planted a bit of
waste land with rice or potatoes without asking any one's permission,
raises an outcry if his garden is entered by a cow or a horse that
grazed there years ago; and, since the law stands in his favor, he
is allowed to receive from the owner of the cattle payment for often
imaginary damages, while the loss from such causes should be borne
by him who cultivates a field without enclosing it.
Public-domain text, read in full here on John Shaqi.
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