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
[216] This "notice" does not appear in the copy printed (probably
from one of the fifty copies) at the press of Viuda de M. Minuesa de
los Rios, Madrid.
[217] A Tagálog word, meaning "that which is in partnership."
[218] Pacto de retrovendendo: "A certain agreement accessory to the
contract of purchase and sale, by which the buyer obliges himself
to return the thing sold to the seller, the latter returning to
the buyer the price which he gave for it, within a certain time, or
when the seller shall require it, according to the terms in which
the agreement is drawn up." (Diccionario of the Academy, cited by
Dominguez.) Cf. the political use of the same phrase in the treaty
of Zaragoza (VOL. 1, p. 232).
[219] The word "composition" (Spanish, composición) as here used has "a
technical meaning as applied to lands, and may be defined as a method
by which the State enabled an individual who held its lands without
legal title thereto to convert his mere possession into a perfect
right of property by virtue of compliance with the requirements of
law. Composition was made in the nature of a compact or compromise
between the State and the individual who was illegally holding lands
in excess of those to which he was legally entitled, and, by virtue
of his compliance with the law, the State conferred on him a good
title to the lands that he had formerly held under a mere claim of
title." Under Spanish administration, there was great confusion and
uncertainty in land-titles; the laws in force were too complicated and
slow in operation, and left too much power in the hands of indifferent
or mercenary officials. Some benefits were yielded by regulations for
the composition of State lands which were in force from 1880 to 1894,
and in the latter year more definite and positive provisions were
made by royal decree (constituting the "public-land law" in force in
the islands when occupied by the United States) for the settlement
of uncertain land-titles; but in neither case were the results very
satisfactory. The same may be said of the registration system known
as the Ley hipotecaria (or mortgage law), which in 1889 was extended
to Filipinas. During the period of revolution and war (1896-99) many
of the land records were destroyed in the provinces, which further
complicated questions of land ownership; and the U. S. Philippine
Commission was obliged to make provision for the settlement of these
by the "Land Registration Act," which became effective on February 1,
1903. For account of its provisions and mode of operation, see the
chapter on "Land Titles" (pp. 127-137) in Official Handbook of the
Philippines--where also is presented a more detailed account of the
regulations made by the Spanish laws.
Public-domain text, read in full here on John Shaqi.
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