Note 3 — APPENDIX: AGRICULTURE IN FILIPINAS

Besides this, the inhabitants of all the islands ought to have understood that the lands which they obtained are all royal [realengas] or communal, with the exception of those which they possess through inheritance, or through legitimate purchase from the native chiefs [caciques] who were cultivating them at the time when the Catholic faith was established in Filipinas, and when they rendered fidelity, obedience, and vassalage to the august Spanish monarchs; and of those which were purchased from his Majesty with title of ownership from the royal Audiencia. [They should also understand] that for this reason the royal lands cannot be absolutely sold or alienated, since they only enjoy the use and usufruct of them; consequently, those who fail to cultivate them for the years appointed by the Audiencia lose this right of use, and the magistrates ought to assign these lands immediately to another person. As for the rest of the lands, no one can obtain them except by right of purchase and agreement with the tribunal of indults and compositions3 of lands, which his Majesty has established for this purpose. In the same manner, the lands which they hold by this tenure, as those inherited, or purchased from native chiefs, they cannot sell without the intervention of the court of justice. For this reason, warning is given that in the house-lots of the villages also they have no more than the use of the land; on this account, whenever the term of three years has passed without those who had formerly lived on them building houses on these lots, it has been and is the duty of the court to assign these lots to other persons—without allowing or accepting lawsuit or claim, when this neglect is evident, either through general report or by the verbal deposition of witnesses who have resided there a long time and are conscientious; for these house-lots are common property of the villages in which they are located, and for this reason the ownership of them cannot be sold, because this title does not belong to those who dwell in them. In regard to this matter, and with observation and knowledge of the injuries connected with it, this chief executive (having been actually present in this, province of Pampanga, and in the others that have been named) likewise ordains that the house and house-lot cannot be seized from any debtor, of whatever class he may be, as is commonly done—leaving in the street, and exposed to beggary and other evils, a multitude of Indians who perhaps would again be self-supporting, if they could have recourse to their own sheltering roof (which hardly would be worth as much as ten pesos), and the trees which they enjoyed on their own land. Proceedings must be taken only against their goods, without leaving them or their wives destitute; for it is very well known (as those who lend ought to know) that no one can lend to a native more than five pesos—an amount which he can easily pay with his work, or with some article of luxury which he may possess. This regulation must serve for the magistrates, as they are ordained and commanded, in order that they may conform to it; and, in virtue of the ordinance by his Majesty that in cases involving from one to five hundred pesos formal claim shall not be brought into court, the alcaldes-mayor shall decide these verbally, without receiving formal complaints, or anything else except the [original] documents, or the verbal declaration or confrontation of the parties. It must be noted that in cases where this is necessary, and the complaining party shall name some valuable article which is worth the amount of his demand, the magistrate shall proceed to sell it in the public square; and by selling it to the highest bidder, in one day (which shall be announced by the public crier), payment shall be made to the claimant, handing over the rest to the debtor, and deducting only such fees as are proper for the few hours of time which the judge may have spent on the case. By this, however, must be understood that in such cases their wooden houses which may have some value (as they actually do in most of the villages) shall not remain exempt from seizure; for it is certain that the owners of such houses, if through ill-luck or calamity they come to misfortune, can never lack some means among their own relatives for establishing themselves in some humble house, which they can erect as cheaply as I have just stated.