Pagpati'ut - Centre for Humanitarian Dialogue

Mediating Violence In Sulu
ownership
control over parcels of land.
Historical review: The antecedents. The regalian doctrine during the time
of the Spaniards declares that all land within the jurisdiction of the colonial
has been embedded in the post-colonial republic’s constitutions (1935,
1973, and 1987), and hence, continues to this day. (Rodil 2003,149) 12
Subsequently, the Torrens system under the American rule was instituted,
requiring the “registration and titling of privately owned lands…Forest
lands, bodies of water and so on which used to be sources of daily
food and other needs for (sic) indigenous communities… have become
state owned and could only be made use of with the consent of the
government.” (Ibid 151)
The colonial government, to further assert its authority over the territory
and people, has passed discriminatory policies with regard to land, but
(1) The Philippine Commission Act 718, passed on 4 April 1903, made void
“land grants from Moro sultans or dattos of from chiefs of Non-Christian
tribes when made without governmental authority or consent.” (Rodil
2003, 152)
(2) The Land Registration Act 496, passed on 6 November 1902, requires
the registration of land, and the application for registration must be done
“in writing, signed and sworn to by the applicant.” (Ibid 152) [Note that
at the time that this Act was instituted, only very few are educated, nor
(3) Public Land Act 926, passed on 7 October 1903, limits the land size
that an individual can possess – a Christian can acquire 16 hectares
each, while non-Christians cannot exceed ten hectares, with an additional
condition for non-Christian owners to cultivate and improve the land within
six months from the date that the land permit was granted. The permit
The ten hectares allowed for non-Christians would eventually be reduced
to four hectares under Commonwealth Act 41, as amended, passed on 7
November 1936.
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12 Rodil, Rudy. 2003. A Story of Mindanao and Sulu in Question and Answer. B.R.Rodil & Mincode