1220 Aug. 25

EXHIBIT H.

REPORT ON FRIAR LANDS SURVEYS BY THE CONSULTING ENGINEER TO THE COMMISSION.

BUREAU OF ENGINEERING,

OFFICE OF THE CONSULTING ENGINEER TO THE COMMISSION,
Manila, P. 1., July 27, 1904.

The CIVIL GOVERNOR, Mania.

SIR: I have the honor to submit the following report upon the resurvey of the estates designated as "friar lands," made in accordance with instructions dated January 20, 1904, a copy of which is hereto attached.

The contracts dated December 22, 1903, contain lists of the estates to be surveyed, and are summarized as follows.

(1) The Philippine Sugar Estates Development Company (Limited), estates formerly

the property of the Dominican Order, 8 combined estates, or 11 separate estates.. 11 (2) La Sociedad Agricola de Ultramar, estates formerly the property of the Augustinian Order (including the estate in the province of Isabela, patented by the Spanish Government to this order, and survey of which was not attempted).. (3) The British-Manila Estates Company (Limited), estates formerly the property of

18

1

the Recoleto Order..

(4) The Recoleto Order, the San José estate in Mindoro (survey of which was not attempted)..

1

31

Total...

The total aggregate area as given in the above-mentioned contracts is 164,120 hectares. Copies of these contracts, and the tracings and tabulations prepared by Juan Villegas, surveyor, during the years 1901-2, were the only data available at the time instructions were received.

It would have been logical to have delayed fieldwork on these surveys until the various contracting parties had submitted the necessary evidence of title, with descriptions and maps of the estates involved, as is provided for in said contracts, for examination and digest by your legal representatives, the firm of Del Pan, Ortigas & Fisher. However, the early date required for the completion of this work did not permit such delays. Therefore the determination of methods to be followed, the organization of parties and the prosecution of the work, both based upon available equipments, forces, and data, were undertaken immediately, and continued as rapidly as conditions permitted. Additional data obtained from time to time caused some additional surveys and corrections to be made.

The greater portion of the boundaries of these estates was through regions difficult to survey by the use of the chain, on account of the dense tropical vegetation-bamboo, vines, mangrove swamps, cogon grass, etc. -and these lines also passed over considerable difficult and rugged country. The number of men familiar with chaining was limited, the time was not sufficient to train reliable native chainmen, and for other reasons it was deemed economical, expedient, and sufficiently accurate for the problem in hand to employ the familiar stadia method of measurement, under such instructions as would attain to a degree of accuracy well within the limits of error ordinarily established for such surveys; and, in general, to conform in results to the requirements of the court of land registration. Furthermore, for similar reasons, it was necessary to confine the survey to the perimeter of the estates, securing only such adjacent and descriptive topography as would assist in a relocation of the boundary lines.

Of the available data, the contracts dated December 22, 1903, furnished practically no information to the surveyor. The Villegas maps were of considerable value in locating the correct estates. In general, however, they appear to be tracings of maps, and as tracings they are not free from errors. Nearly all of the originals to these maps have

been found in documents delivered by the proprietors to your legal representatives engaged on this case. These documents, relating to titles, grants, transfers, etc., cover in cases a period of nearly three hundred years. The maps accompanying same show that remarkably accurate surveys, considering the date of the work, were made of some of these estates, although many existing monuments and the testimony of men long familiar with these boundaries indicate that these maps are in error by both including and excluding certain areas, and that portions are still in dispute to-day.

Valuable assistance has been rendered by some of the previous landowners or occupants of the estates and of adjacent parcels of land, and by various officials in response to the requests from this office, and from the executive secretary. Such information has been of considerable assistance to field parties, and has been carefully considered and used. On the other hand, in some cases opposition to the surveys has been marked and some slight delay, loss of property, and personal danger thereby incurred.

The various descriptions of these estates, finally secured through Señores Del Pan, Ortigas & Fisher, and their careful digest of the same, gave but slight assistance to the surveyor. These descriptions are, as a rule, expressed in the most general terms, and definite bearings and length of boundary lines are lacking. Streams designated as boundaries have been given several names; monuments set years ago have been replaced or lost and additional monuments have been set. As a result, the only complete descriptions known are the descriptions accompanying this report, based on the surveys made by this bureau, and the only boundaries designated by courses and bearings are, with few exceptions, herewith presented. Furthermore the units of measurements and areas heretofore used have not been based on a recognized standard, and differ within themselves in value.

The original documents, with maps, loaned to this bureau by the firm Del Pan, Ortigas & Fisher have been returned to them.

While further research may show modifications of the final descriptions herein presented, it is believed that such modifications will be of but slight effect on the descriptions and areas herewith submitted.

It is essential that all of these papers bearing on the titles and descriptions of these estates, together with all maps relating thereto, now in the possession of the various orders and companies enumerated above, be turned over by them to the Government in order that an economical and equitable subdivision of these estates may be accomplished by the proper authorities.

It has been impossible to examine and appraise the various improvements included in these estates, such as irrigating works, buildings, machinery, etc., to determine the accuracy of the areas designated in the Villegas classification under their various headings of cultivated and uncultivated lands, or to study the method by which the valuation of such areas was derived. It has, however, been generally observed by men engaged on surveys that these various improvements are now in a dilapidated condition, and that considerable areas of land formerly under cultivation are now overgrown with brush and wild grasses.

Act No. 1120 provides that the bureau of public lands shall ascertain the character and value of the several holdings of present occupants. If such information were already in hand interesting data would be available to the Commission for the determination of the value and condition of these various estates.

The valuations used throughout this report are identical with those enumerated in the Villegas valuations, and the proportionate values have been determined as designated in the contracts previously referred to.

The field notes, computations, and original maps made by this bureau, and all correspondence connected therewith, are ready to be turned over to the bureau of public lands in accordance with the provisions of said Act No. 1120, section 5.

The areas given in the titles submitted by the legal representatives in the tabulations by Villegas and those determined by the resurvey in no case agree. The contract dated December 22, 1903, provides for shortages in areas as follows:

** * That if the Philippine Government shall notify * * * that the area of any hacienda or parcel as described in the title deed thereof falls short of the superficial area thereof as shown by Villegas's survey of the same, then the parties hereto shall cause a joint survey of the same to be made by the agent of each, and if the true survey shall show the area of the hacienda or parcel to be less than as stated by Villegas and in the list as hereinbefore set forth, the price herein to be paid shall be abated by an amount to be ascertained by multiplying the number of hectares short into the average value of an hectare in the hacienda or parcel in question as shown by dividing Villegas's total valuation of such hacienda or parcel by the total number of hectares contained therein according to his survey plus 25 per cent thereof; and if, on the other hand, the true survey shall show an excess of hectares over the amount reported by Villegas, then the price to be paid shall be increased by an amount to be ascertained in a similar manner."

The haciendas or parcels falling short of the area stated in the Villegas tabulations are shown in the following summaries:

I. THE PHILIPPINE SUGAR ESTATES DEVELOPMENT COMPANY (LIMITED). (Estates formerly the property of the Dominican Order.)

aNot including reservation of casa and 800 hectares of first-class land.

Total decrease in area.

Total value of differences.

Price per contract dated Dec. 22, 1903.

.hectares..

1159.0830

3,659.0000

80. 1015

P12,742. 7900

6,050, 6765 1481, 354. 46

P7,343,314.00 481, 354. 46

6,861,959.54

Value of difference of areas.

Contract price, less value of difference of areas..

H. LA SOCIEDAD AGRICOLA DE ULTRAMAR.

(Estates formerly the property of the Augustinian Order, and including the estate of Isabela, patented by the Spanish Government to this order, survey of which was not made.)

III. THE BRITISH-MANILA ESTATES COMPANY (LIMITED).

4,155,6546

P 261,890.96

P4,427, 558, 00

261, 890.96 4,165,667.04;

20,419.00 $300,000. CO 19,891.00 528.00 $9,694.08

14, 155, 972.96