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CHAPTER XVI.

THE FRIAR LANDS.

IN all reference to the friars it should be remembered that the monastic orders are meant, and not individual members of those orders. By friar lands is meant lands owned by monastic corporations, such as the Augustinian, Dominican, or Recolleto Orders. As has been already pointed out, it is impossible for a friar to hold property. His legal identity becomes merged into his order when he takes its irrevocable vows of poverty. Cases in which this vow has been violated are known, but are not frequent; and for the purposes of this chapter are not considered.

That much of the lands of these corporations has been secured lawfully can not be questioned. That practically all of it can now be held against any and all claimants, however it was originally secured, can not be reasonably doubted. In some cases, as in that of the hacienda of Imus, in the province of Cavite, it seems tolerably clear that friar ownership was gradually asserted over a large and immensely fertile tract of land by an abuse of power in connection with the use of water from a dam constructed on friar land, and sold to farmers of near-by tracts. The story of this dispossession of Filipinos from their rightful ownership is told in full with great circumstantiality in Senate Document No. 190, pages 269-280, by Don Felipe Calderon, one of the leading lawyers of Manila. It is a sad story of oppression and tyranny. But supposing it capable of confirmation in every detail, undis

puted possession of this land has been enjoyed for more than thirty years. That gives prescriptive title. Not that there have been no complaints in the sense of burning denunciations of the wrongs which tenants feel have been done to them and to their predecessors; but no legal action of any formal character has been taken to dispossess the friar owners during more than a generation. A few out of many of hacienda titles to the validity of which there can be no possible legal questions, are given herewith:

"A part of the estates of the Augustinian Order represented by 'Sociedad Agricola de Ultramar,' are as follows:

"Piedad Hacienda-Poor Farm, purchased January 29, 1833, from Dona Josefa Madrigal, for 25,000 pesos.

"San Francisco de Malabon. This estate was bought in several parcels from different owners between August 26, 1877, to December 31, 1877, at a total cost of 108,000 pesos, cash, and in exchange for two other estates, Maysabang and Marcavan, property of the Augustin Order.

"Malinta. Also puchased at different times from different persons. Possession was given on May 26, 1725, and confirmed by a Royal Resolution of the 'Audiencia,' dated February 13, 1734.

"Dampol Matamo and San Marcos. This estate was purchased 15, 1834, at public auction for 26,000 pesos, and possession thereof given on the 27th day of the same month and year.

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"Monting-Lupa. The greatest part was acquired by purchase by Don Antonio Quijano Bustamante, representing the order, from different natives in 1665. The parts of this hacienda called 'Mamancat' and 'Butin, were bought by the Convent of Guadalupe at public auction in 1632. Tala was acquired during 1725, 1726, and 1753.

"Talamban, in Cebu. A gift made by the conqueror of the Philippines, Don Miguel Lopez de Legaspi, to the barefooted Augustin friars on May 28, 1571.

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"Talisay. Adjudged to be property of the Order by a royal decision rendered in its favor by the ‘Audiencia' in 1734; as was also Minglanilla, of Mandaloyang."

In anticipation of what would possibly follow if armed opposition to Spain should break out, the friars took steps some years before the American occupation to protect themselves by placing their estates in the hands of commercial companies, of whom the directors were good Catholics, while they still held control of the estates in the form of shares in these companies. Governor Taft says in his Report to the President on Friar Lands:

"Nearly all the immense agricultural holdings have been transferred by the three orders,-by the Dominicans to a gentleman named Andrews; by the Recolletos to an English corporation; and by the Augustinians to another corporation; but these transfers do not seem to have been out-and-out sales, but only a means for managing the estates without direct intervention from the friars or for selling the same when a proper price can be secured. The friars seem to remain the real owners."

This was so palpable an attempt to stand from under the hatred and criticism of the natives, and make it possible to go on securing rentals which angry tenants refused to pay directly to the avowed agents of the friar, that it has little bearing on the issue of selling those lands to the government.

The Dominicans are doubtless the richest order in the Islands.

"Their Santa Rosa and Binang estates consist of 21,148 acres, the annual rental of which is $75,888. This estate includes the towns of Santa Rosa, Cabuyao, Binang, and Tunisan, and is occupied by 69,983 inhabitants. The order has owned it for fifty-five years, and it cost the friars $2,700 Mexican currency. Its present value is $825,840.

"The estate of Lolomboy and Pandi has been the property of the order for two hundred and fifty-eight years, having been purchased in 1642 for 414 Spanish (gold) dollars. Its present value is estimated at $1,256,280. It includes the towns of Lolomboy, Santa Maria, Bocaue, and Marilao. It consists of 36,954 acres, and its inhabitants number over forty thousand. The annual rental is $45,038.

"The estate of Naic is situated in Cavite Province. It consists of 20,206 acres, the annual rent of which is $26,332. The large and populous towns of Naic, Marigondong, Ternate, and San Juan are located within its. borders. It is inhabited by 39,560 persons. It was purchased by the order in 1831 for $25,000, and is now valued at $975,990.

"The estate of Santa Cruz de Malabon is probably the largest owned by an monastic order in the Islands, but very little of it is under cultivation. Forty-two thousand six hundred and twenty-six acres are included within its borders, as are also the towns of Santa Cruz de Malabon and Santol. It pays an annual rental of $26,980, and has been owned by the order for one hundred and thirty-eight years. It was purchased for $70,000, and is now estimated to be worth $750,760.

"The estate of Oriong, in Bataan province, is the smallest owned by the Dominicans. It consists of 5,275 acres, and its annual rents aggregate $13,800. It includes the towns of Oriong and Bibbago. Ten thousand natives find homes within its borders. The order has owned it for two hundred and seventy-seven years, and its present value is $90,000.

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From Governor Taft's Report to the President I quote as follows:

"Of the four great orders, one, the Franciscan, is not permitted to own property except convents and schools. This is not true of the other three. They own some valuable business property in Manila, and have large amounts of money to lend. But the chief property of these orders is in agricultural lands. The total amount owned by the

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