Citation

Making The Cariño Doctrine: Land Law and Indigenous Rights in the American Colonial Philippines

Abstract | Word Stems | Keywords | Association | Citation | Similar Titles



Abstract:

In 1909 the United States Supreme Court ordered the American-led Philippine Commission to recognize indigenous claims to land ownership regardless of whether the claimants had held paper titles under Spanish law. The decision was a victory for Mateo Cariño, an Ibaloi chieftain from Kafagway, Mountain Province (now Benguet), who sued the Commission for blocking his 1904 attempt to register his farm and grazing lands in the Court of Land Registration. Kafagway and Cariño’s lands were the site of what Commissioners had hoped would become Baguio, the temperate summer capital. In his majority decision, Oliver Wendell Holmes declared that lands that had been held “as far back as memory goes [will be] presumed never to have been public” and could not be expropriated. Though relatively unknown in American law, the decision is today enshrined in Philippine law as the “Cariño Doctrine” and has, on occasion, protected indigenous-held lands from state expropriation for major development projects such as dam construction. Cariño’s win marked the cooperation of the juridical leadership of the Supreme Court and the customary leadership of the Ibaloi against the colonial authority of the Philippine Commission. As such, it suggests the ways in which law can constrain colonial ambition. Yet the decision did not extend to indigenous-held lands in North America nor did it prohibit Baguio from erasing Kafagway. Further, Cariño’s lawyer, a former American soldier named John Haussermann, later acquired rights to upland mines and become the wealthiest American in the Philippines. What then does Cariño’s victory also tell us about how particular environments, indigenous strategies, and political contexts shape the way courts and colonial officials weigh the value of indigenous claims against the potential benefits of displacement? How was protection for indigenous Filipinos enfolded with other processes of privatization, displacement, and the changing face of authority in Benguet Province?
Convention
Convention is an application service for managing large or small academic conferences, annual meetings, and other types of events!
Submission - Custom fields, multiple submission types, tracks, audio visual, multiple upload formats, automatic conversion to pdf.Review - Peer Review, Bulk reviewer assignment, bulk emails, ranking, z-score statistics, and multiple worksheets!
Reports - Many standard and custom reports generated while you wait. Print programs with participant indexes, event grids, and more!Scheduling - Flexible and convenient grid scheduling within rooms and buildings. Conflict checking and advanced filtering.
Communication - Bulk email tools to help your administrators send reminders and responses. Use form letters, a message center, and much more!Management - Search tools, duplicate people management, editing tools, submission transfers, many tools to manage a variety of conference management headaches!
Click here for more information.

Association:
Name: ASEH Annual Conference
URL:
http://aseh.net


Citation:
URL: http://citation.allacademic.com/meta/p1170500_index.html
Direct Link:
HTML Code:

MLA Citation:

Ventura, Theresa. "Making The Cariño Doctrine: Land Law and Indigenous Rights in the American Colonial Philippines" Paper presented at the annual meeting of the ASEH Annual Conference, Drake Hotel, Chicago, IL, <Not Available>. 2018-01-10 <http://citation.allacademic.com/meta/p1170500_index.html>

APA Citation:

Ventura, T. "Making The Cariño Doctrine: Land Law and Indigenous Rights in the American Colonial Philippines" Paper presented at the annual meeting of the ASEH Annual Conference, Drake Hotel, Chicago, IL <Not Available>. 2018-01-10 from http://citation.allacademic.com/meta/p1170500_index.html

Publication Type: Panel Paper
Abstract: In 1909 the United States Supreme Court ordered the American-led Philippine Commission to recognize indigenous claims to land ownership regardless of whether the claimants had held paper titles under Spanish law. The decision was a victory for Mateo Cariño, an Ibaloi chieftain from Kafagway, Mountain Province (now Benguet), who sued the Commission for blocking his 1904 attempt to register his farm and grazing lands in the Court of Land Registration. Kafagway and Cariño’s lands were the site of what Commissioners had hoped would become Baguio, the temperate summer capital. In his majority decision, Oliver Wendell Holmes declared that lands that had been held “as far back as memory goes [will be] presumed never to have been public” and could not be expropriated. Though relatively unknown in American law, the decision is today enshrined in Philippine law as the “Cariño Doctrine” and has, on occasion, protected indigenous-held lands from state expropriation for major development projects such as dam construction. Cariño’s win marked the cooperation of the juridical leadership of the Supreme Court and the customary leadership of the Ibaloi against the colonial authority of the Philippine Commission. As such, it suggests the ways in which law can constrain colonial ambition. Yet the decision did not extend to indigenous-held lands in North America nor did it prohibit Baguio from erasing Kafagway. Further, Cariño’s lawyer, a former American soldier named John Haussermann, later acquired rights to upland mines and become the wealthiest American in the Philippines. What then does Cariño’s victory also tell us about how particular environments, indigenous strategies, and political contexts shape the way courts and colonial officials weigh the value of indigenous claims against the potential benefits of displacement? How was protection for indigenous Filipinos enfolded with other processes of privatization, displacement, and the changing face of authority in Benguet Province?


 
All Academic, Inc. is your premier source for research and conference management. Visit our website, www.allacademic.com, to see how we can help you today.