Carino v. Insular Government

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Carino v. Insular Government, 212 U.S.

449,1909

Facts:
Mateo Cariño filed his petition in the Court of Land Registration for a
title to a parcel of land consisting of 40 hectares, 1 are, and 13
centares in Baguio, Benguet. This was heard with a petition for a title
for a portion of the land. He applied for the registration of a certain
land. There was no document of title issued for the land when he
applied for registration. The government contends that the land in
question belonged to the state and is public property.

The Insular Government opposed the granting of these petitions,


because they alleged that the whole parcel of land is public property of
the Government and that the same was never acquired in any manner
or through any title of egresion from the State. According to Carino, in
1884, he built and utilized as a domicile a house on the property.

The court of land registration ruled against their favor. They also ruled
that it was used for pasture and sowing, and now belongs to the class
called public land.

Issue:
Whether or not Carino has ownership over the land

Ruling:
No, Under the provisions of law, a parcel of land being of common
origin, presumptively belonged to the State during its sovereignty. The
land has been in an uninterrupted state of cultivation for more than 10
years and has been in a state of cultivation up to the date of the
information and during the three years immediately preceding such
information; or that such land had been possessed openly without
interruption during a period of thirty or more years, notwithstanding the
land had not been cultivated then his petition can be favored.

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