commences to serve as the northern boundary. The lands on the other side of this boundary belong to the jurisdiction of El Pardo.

"Northern monuments and boundaries.-The continuation of Mananga to its point of confluence with the Taub Creek; on this line two monuments, Nos. 1 and 2, have been erected, the first on the place where the river ceases to be a boundary on the east, and the other at the point of confluence stated. A broken line which goes from the last monument to the summit of Mount Mancayan and to the western base of Mount Latauan. These two last places are marked by monuments 3 and 4. The jurisdiction of El Pardo comprises the lands on the other side of this boundary.

66

Western boundaries and monuments.-A broken line which goes from the last point named to the summits of Mounts Lubas and Calabasan and the confluence of the Jagucayan Creek with the Ynayangan River; the three monuments placed in the above-named places are related to one another as also all the others. The river Ynayangan to its opening into the sea; on its left bank there have been placed monuments at the two most remarkable points of inflexion of the river course, making with the three already described a total of ten monuments along this boundary. This line traverses in its entirety lands of the municipal jurisdiction of Minglanilla.

"Southern boundary and monuments.—The ocean."

This description agrees with a map which has been shown by the vending company, signed by the chief engineer of the forestry department and dated June 2, 1890. It is stated in this map that it is an exact copy of the one formed at the time of the survey and monumenting above referred to.

History. It does not appear from the deeds at our disposal in what manner or by what title the Augustinian friars acquired this estate; but it appears from a certified copy issued on December 11, 1738, by Don Juan de Monroy, clerk at chambers of the royal audiencia of Manila, that in the proceedings instituted by the community of natives of the town of San Nicolas of Cebu versus The Convent of the Holy Infant of the Shod Augustinian Friars in said city of Cebu, regarding the lands by it possessed in the places called Caripata, Manangas, Cabagohan, Dongol (or Donlog), Tarisay, Tanavan, and Bulalacao. The royal audiencia, in a judgment dated the 22d of May, 1738, which was confirmed by an order dated the 20th of October of the same year, decided that said lands belonged to the Convent of the Holy Infant in the city of Cebu. On the strength of these decisions, and at the request of Father Juan de Albarran, inspector of the province of the Holy Name of Jesus of the Augustinian Fathers, Gen. Don Martin de Castañares, governor and chief justice of the province of Cebu and others, acting in his judicial capacity, after notice to the community of the town of San Nicolas of Cebu, and that of Toloyan as adjoining owners, ordered that the boundaries of said lands of Caripata, Manangas, Cabagohan, Donlog, Tarisay, Tanawan, and Bulalacao be determined. On May 14, 1739, after the parties had been notified, and the presence of the governors, officials, and other functionaries of the two towns above named, the boundaries of said lands were determined, and the said father inspector was placed again in the possession of them as representative of the convent of Cebu of the Augustinian Fathers.

These proceedings appear in a certified copy of the record issued by the said General Castañares, as judge, on May 17, 1739, which said certified copy was presented when the estate was registered. It is a fact worthy of mention that the principal boundaries of this estate, as fixed by the decree of the director-general of civil administration of the Philippines, published in the Gazette mentioned at the beginning of this report, agree in the main with the boundaries mentioned in the record of the possessory proceedings which we have just cited, said boundaries being the sea and various rivers whose ancient names continue to be the same, although the bearings set forth in the said possessory proceedings are wrong.

By a deed dated October 31, 1897, in which this estate is first described in its entirety, and afterwards as divided into two parts, one within the municipal jurisdiction of Talisay and the other within that of Minglanilla, this property was mortgaged to Don Otto Koch Melladew, which said mortgage was paid off and canceled by a deed dated May 8, 1900. These separate descriptions give the area of the whole estate as 7,454 hectares 60 ares.

The estate as described in its entirety was sold by the Augustinian corporation, with the proviso of repurchase within one year, to Don Juan Castro y Martin, by deed dated September 21, 1899; and on the 5th of March of the year following the corporation repurchased the property, a certified copy of which transaction appears in the title documents. After this repurchasing the estate, the corporation conveyed the same to the Compañía Agricola de Ultramar. The details of the conveyance, consideration, etc., appear in the history of the hacienda of Banilad or Talamban.

Opinion as to the titles.--No break appears in the chain of title, which seems to be perfect. The fee was first recorded in favor of the Augustinian friars, and finally in favor of the Compañía Agrícola de Ultramar, as appears from a certificate issued by the registrar of property of Cebu, although no note of recordation appears on the deeds themselves, excepting the certified copy of the proceedings had in the royal audiencia of Manila, and of the record of survey and of the possessory proceedings above mentioned.

Nevertheless, in view of the fact that the residents of the two towns wherein is located this estate have filed a protest against the legality of the title presented by the Augustinian corporation, and in view of the further and significant fact that the government engineers failed to find even a trace of the monuments officially erected on this estate in 1850, the subscribing attorneys are of the opinion that the government should take the precaution of insisting that a duly appointed representative of the Augustinian corporation together with the vending company guarantee the sale and the title from all litigation or opposition upon registering the estate pursuant to the new property registration law (Act No. 496 of the Commission).

Respectfully submitted.

DEL PAN, ORTIGAS Y FISHER.

(Series B.-Report No. 6.)

HACIENDA OF talá.

(Township of Novaliches, province of Rizal.)

Description. This hacienda is part of the hacienda formerly known as San Juan de Buenavista, which by notarial act dated March 3, 1891, and another dated July 6, 1891, was considered as divided into three parts, owing to the fact that part of it, that known as the hacienda of Tali, was situated in the township of Novaliches of the old province of Manila, now province of Rizal, and the other, that is the hacienda of Malinta, in the township of Polo, province of Bulacan. The third part of the hacienda was a piece of land which is now attached to the hacienda of Malinta, and which, although it is situated within the municipal jurisdiction of the town of Polo, is separated from the hacienda in question by the Meysilo River. The description of the hacienda of Talá is as follows:

Hacienda of Talá, within the municipal jurisdiction of the township of Novaliches, province of Rizal, has an area of 900 quiñones, and 75 brazas, equivalent to 5,184 hectares and 30 ares, approximately. It is bounded on the north by the principal river of Marilao and the fields of José Sagila (this piece of land is within the boundaries of the hacienda of Talá, as appears from the boundary monuments of Sagila's lands); on the south by the Tuliajan River and the hacienda Piedad, formerly the property of the Augustinian friars; on the west by the hacienda of Malinta, the property of the Augustinian friars: on the east by the hacienda of Payatas, the property of Don José Martinez de Cañas.

The total description of the haciendas of Talú and Malinta, including the separate piece of land referred to, when the three properties formed a whole, was as follows:

"The hacienda styled 'San Juan de Buenavista,' or 'Malinta and Talá,' situated within the municipal jurisdiction of the townships of Polo and Novaliches, of the province of Bulacan and Manila, respectively. The entire estate has an area of 1,494 quiñones, 4 loanes, and 75 brazas, equivalent to 8,605 hectares and 90 ares, approximately. It is bounded on the north by the principal river of the town of Marilao and by the fields of José Sagila, this piece of land being within the boundaries of this hacienda, as shown by the boundary monuments of Señor Sagila's lands; on the south by the principal river of Tinajeros, which constitutes the dividing line between this hacienda and the hacienda belonging to Messrs. Tuason; on the east by the hacienda of Payatas, the property of José Martinez Cañas, and the hacienda of Piedad, the property of the Augustinians; on the west by lands belonging to the Dominican Fathers, and the Meysilo River of the township of Polo."

A plan made in 1828 by order of the royal audiencia and authenticated on January 27, 1821, by Tomás Lopez de Lois, clerk of the said audiencia, has been presented. This plan agrees to a certain point with the above description as to the area and boundaries. The anomaly found in the said description with reference to the lands of Señor Sagila, is explained and elucidated by the said plan according to which the land is within the natural boundary, that is, the Marilao River, but without the boundary of the hacienda, according to the monuments surrounding it. This anomaly may be due to a mistake in copying.

History.—Gen. Miguel Martinez, as the representative of his wife, Doña Maria Padilla, was in possession of a stock range (estancia de ganado mayor) in the township of Meysilo, known by the name of San Juan de Buenavista. This property had been purchased by Doña Maria Padilla from Sergt. Maj. Pedro Lozano, who in turn had purchased it from Gen. Andres Lopez de Ausaldegui. It appears from a judgment rendered by Judge Juan de Ozaeta y Oro, which will be referred to hereafter, that this estancia consisted of several pieces of land which had been ceded as grants by the governor-general of the Philippines, Gomez Perez Dasmariñas, between the years 1592 and 1594.

On the occasion of the examination of lands and estancias in these islands, conducted by Judge Juan de Sierra y Ossorio, a special judge appointed to determine what was due His Majesty the King of Spain by reason of the purchase and composition of lands, an

attorney in fact of Gen. Miguel Martinez presented to the said judge the title deeds to this estancia of San Juan de Buenavista for his information and action. By an order dated March 17, 1699, it was directed that notice be served upon the owners of lands adjacent to the townships of Polo and Meycauayan and of the hamlet of Catangalan before proceeding to the survey of the said estancia. Notice having been accordingly served as directed, and after an inquiry concerning the lands composing the said estancia, a survey was made of it (March 21, 1699) beginning at the farmhouse at Lambacol. It was found that it contained 4 stock ranges for horned cattle (estancia de ganado mayor), 3 horse pastures (caballerias), and 19,564 brazas. In addition to this the old tubiganes added 364,910 brazas to the estancia, making a total of 36 quiñones, 4 balitas, 9 loanes, and 10 brazas. By order of April 5, 1699, it was directed that the boundary lines of the estancia be marked by monuments, and for this purpose the places whereon said monuments were to be erected were designated. By an order dated May 25, of the same year, Judge Juan de Ozaeta y Oro approved the survey and declared the estancia in question with the area above indicated to be the property of Doña Maria Padilla, and because Gen. Miguel Martinez, the husband of the said owner, had donated to His Majesty the sum of 50 pesos it was declared in the order above mentioned that the claims of His Majesty were satisfied. And for the sake of further assurance the judge, in the King's name, approved the grants of the lands composing the said estancia and declared any defects which there might have been in the purchase or grants of the said lands to be cured.

Some time afterwards, in the proceedings had on occasion of the bankruptcy of Gen. Miguel Martinez, by a judgment of August 31, 1714, the estancia of San Juan de Buenavista was awarded to his creditors in payment of their claims, to be divided among them in proportion to their respective credits. The corporation of Augustinian Fathers of the Philippines then purchased the claims of the said creditors, and consequently the lands which had been awarded to them, the unity of the estate of San Juan de Buenavista being thus preserved. By a judicial order of April 9, 1726, the sale of these credits was approved, and it was directed that the Augustinian Fathers be put in possession of the lands and that the boundaries be marked by monuments, the court reserving its decision as to what should be done with respect to 3 quiñones of land which had been awarded to one of the creditors by the name of Rodriguez, the purpose being to avoid the segregation of this portion of the land. The Augustinian corporation was also required by that order to pay the reasonable value of 8 caballerias and 13,834 brazas of land pertaining to the estate which had not been turned over to the creditors of the bankruptcy, and the procurator of the corporation expressed his willingness to accept this obligation in the record of service upon him of notice of the decision referred to.

The natives of the town of Meycauayan having encroached upon the hacienda of San Juan de Buenavista, and having destroyed the monuments of that part thereof which borders upon the lands which belonged to them, the community of Augustinian Fathers started suit against them. The defendants in their pleadings alleged that they had been ousted from lands at Sayasaya, Tubog, Dilain, Calipayan, Santa Rosa, and Tibagan. In this litigation, at the instance of His Majesty's counsel and in conformity with the prayer of the Augustinian Fathers, it was determined by the royal audiencia or supreme court of these islands, by judgment of February 21, 1733, that Capt. Juan Bautista de Uriarte, acting as special judge, should make an ocular inspection of the hacienda of San Juan de Buenavista, and survey it, after notice to the adjoining owners, and designate its boundaries in accordance with the measurements made by order of Don Juan de Ozaeta y Oro and the documents exhibited by the parties.

Accordingly, after the usual formalities had been complied with, the survey commenced March 16, 1733, beginning at the farmhouse. After the survey was completed the royal audiencia or supreme court, by judgment dated February 13, 1734, approved the survey, which agreed with that made by Don Juan de Ozacta y Oro, and declared the lands comprised within that survey to be the property of the Augustinian Fathers of these islands, and directed that monuments be erected to mark the boundaries. For this purpose the same officer, Capt. Juan Bautista de Uriarte, was commissioned, and he, acting upon this authority, after notice to the adjoining owners, designated the places upon which the monuments were to be erected, up to and including a place called Santiago, where at the request of the procurator of the Augustinian Fathers the erection of monuments was suspended, upon the ground that it was unnecessary to erect others, as no claims had been advanced to the remaining lands, which furthermore were clearly identified by crosses and distances described in the written record of the survey. After this an examination was made of the monuments which were already erected on the lands under irrigation and other lands, and they were found to be correct.

By deed of May 2, 1753, the Augustinian Fathers purchased from the College of San Ignacio 7 quiñones of land within the township of Polo and 19 quiñones of land at Tipandac, of the township of Meycauayan. The College of San Ignacio, of the Order of Jesuits, had been in possession of these lands since the year 1699. Finally the procurator-general of

the Augustinian Fathers presented a complaint to Don Pedro Calderon Enriquez, special judge of land titles, stating that when the boundaries of the Payatas public lands were designated certain lands belonging to the hacienda of San Juan de Buenavista, which at that time was also known as the hacienda of Malinta, had been included therein, and therefore he presented certified copies of the record of the service and erection of monuments made in the years 1733 and 1699, and prayed that an examination be made of the monuments and boundaries of the said estate and that the boundaries designated by order of the royal audiencia or supreme court be respected. An examination having been made in compliance with this petition, after service of notice upon the Dominican Fathers, the College of San Ignacio, the gobernadorcillos, and head men of the townships of Polo, Meycauayan, and San José, Judge Calderon Enriquez, on February 12, 1754, rendered a decision in which he declared that the title of the Augustinian Fathers to the lands of the said estate possessed by them within the boundaries and monuments fixed by order of the royal audiencia or supreme court in 1733, in accordance with the survey of 1699, was good and valid.

At a re ult of this last examination it was discovered that by an error some of the land belonging to the Malinta estate had some eight years before been declared to be public lands, and in compensation for the use of these lands by the government the judge, at the request of the procurator of the Augustinian Fathers, by order of May 7, 1754, granted to that corporation a piece of land adjacent to the Malinta estate.

Subsequently, in 1829, another survey of the Malinta estate was made on occasion of an attempted trespass by certain inhabitants of the town of Meycauayan. This survey was commenced February 11, 1829, and was made in the presence of the gobernadorcillos and head men of the towns of Polo, Meycauayan, San José Marilao and San Mateo. April 11, 1829, it was ordered that the boundary monuments be examined, and that such of them as had been destroyed be rebuilt. The Augustinian corporation was given formal possession of the estate, and by order of June 2, 1829, the survey and examination so made were approved, and it was declared that the lands surveyed and included within the boundary limits were the property of the Augustinian Fathers, and were in their possession.

The facts related up to this point appear from two certified copies of original documents, the first issued on January 31, 1755, by the notary public, Pedro Olaste, and the second on January 30, 1830, by the notary public, Tomás Lopez. Both these documents are recorded in the register of property.

Finally, by deed dated February 7, 1893, executed in Madrid, the Augustinian corporation conveyed this hacienda to the Compañía Agrícola de Ultramar. The deed to the Compañía Agrícola is recorded; the identification satisfactory.

Opinion as to the title.-The mere perusal of the history of this estate is sufficient to show that there can be no doubt whatever as to the title of the Compañía Agrícola de Ultramar to this property. We consider the deeds to be satisfactory. It is true that there are two slight defects observable therein, owing to the fact that it does not appear affirmatively that the Augustinian Fathers finally acquired the 3 quiñones of land for which they undertook to pay Don Nicolas Rodriguez, or whether they paid for the 8 caballerias and 13,834 brazas of land referred to in the history, and which made up the old estate of San Juan de Buenavista, but these facts relate to so remote a period (1724) that the statute of limitations has long ago cured any defect which there may at one time have been in the titles on this account.

The undersigned attorneys are therefore of opinion that the government may execute the deed of purchase under the terms and price previously stipulated in the preliminary agreement of December 22, 1903.

Your excellency will of course decide what may be just and proper.
Respectfully submitted.

DEL PAN, ORTIGAS Y FISHER.

(Series B.- Report No. 7.)

HACIENDA DE MALINTA.

(In the town of Polo, province of Bulacan, P. Ï.)

Description. This hacienda, like the hacienda of Tala, forms part of the hacienda formerly known as San Juan de Buenavista, which was composed of these two haciendas, together with another separate piece of land. The division of the old hacienda into three parts was due to the fact that the two large portions thereof were situated in two different townships, and that the separate lot of land, which likewise belonged to the estate, was separated from the rest of it by a river. The separate lot was subsequently attached to the hacienda of Malinta, now under consideration.

The description of this hacienda of Malinta is as follows:

"Hacienda of Malinta, formerly a part of that of San Juan de Buenavista, situated within the jurisdiction of the town of Polo in the province of Bulacan. It measures 594 quiñones and 4 loanes, equivalent to 3,424 hectares and 70 ares approximately; it borders on the north on the principal river of Meycauayan and lands of the same town; on the south by the river of Tinajeros; on the east by the two estates called Talá and Piedad, the propcrty of the Augustinian friars, formerly, and at present of the Compañía Agrícola de Ultramar, and on the west with lands owned by the Dominican Fathers and the river of Meysilo. As a part belonging to said estate there exists on the other side of the river Meysilo a piece of land in the place called Palasan, within the jurisdiction of the said town of Polo, which said land measures 5 quiñones and 6 balitas, which are equivalent to 13 hectares and 92 ares approximately; it is bounded on the north by the lands of Don Marcelino Capalad and Don Santos de Castro; on the south by lands of Don Teodoro Capiral and Doña Juana Vicencio; on the east by the Polo River, called Meysilo, and on the west by lands of Don Luciano Augustinez, Don Mateo Santiago, and Don Crisanto C. Francisco."

The old and authenticated plan we referred to in our report of the Talí estate agrees in the main with the above description, except as to the piece of land on the farther side of the Meysilo River which is not included in the said plan.

History. The old estate of San Juan de Buenavista, of which this estate of Malinta used to be a part, as we have stated, has a very ancient and complete history; it commences in the years when these islands were ruled by Gen. D. Gomez Perez Dasmariñas. This governor made a grant to several individuals of various lands which were grouped together, until later they formed one estancia of lands called San Juan de Buenavista. One of the possessors of this estancia was Gen. Miguel Martinez, husband of Doña Maria Padilla. In his days the estate was surveyed and monumented, and those proceedings were approved by an order issued on May 25, 1699, by Don Ozaeta y Oro, a special judge of land adjustments and pardons. In 1734, 1754, and 1829, the survey and the placing of metes and bounds as aforesaid were revised and the proceedings therefor always terminated with orders approving them and declaring the title and possession of said estancia of San Juan de Buenavista to be in favor of the community of the Augustinian friars, which had acquired same by purchase in fractions during the bankruptcy proceedings instituted against the above-named Gen. Don Miguel Martinez. The history of this estate is more extensively treated in our Talá report. It is to be noted that by deed No. 55, dated February 7, 1893, the Augustinian corporation conveyed this estate to the Compañía Agrícola de Ultramar, said deed having been recorded in the register, the identification satisfactory.

Opinion as to the titles. As we stated in our Talá report, the title to this estate leaves nothing to be desired, notwithstanding certain defects already pointed out in said report, which, though they might have been important at one time, at present mean nothing, owing to the fact that over a century has passed, a period of time during which any defect in the title to the property is cured by the statute of limitations.

For this reason the subscribing attorneys make the same recommendation as in the case of the Talá estate, to wit: that the government may acquire this estate from the vending company for the price and under the terms as stipulated in the preliminary agreement of December 22, 1903.

Respectfully submitted.

(Series B.--Report No. 8.)

DAMPOL ESTATE.

DEL PAN, ORTIGAS Y FISHER.

(Town of Quingua, Bulacan, P. I.)

Description. This estate is situated within the municipality of Quingua, Bulacan Province, and has an area of 134 quiñones, 7 balitas, 9 loanes and 53 brazas, or 777 hectares and 50 ares, more or less. The boundary lines are: North, the main Quingua River; south, the lands of the confraternity of the church of the town of Santa Isabel; cast, the said Quingua River; and west, the lands of Hilario del Rosario and Romualdo Garcia.

The title record shows an expert's certificate, under date of August 3, 1805, of an examination of monuments, survey and valuation of this estate, wherein same is given an area of 227 quiones, 1 balita, 9 loanes, and 24 brazas, which, it will be seen, is greater than the areas stated in the previous description appearing in the register and in the preliminary contract. The title is accompanied by a plat showing the subdivisions in detail made by Surveyor Guillermo Zarco and bearing the date of June 30, 1880. This plat shows the northern boundary of the description clearly, and the southern but partially. As to the other boundaries nothing can be made out from this plat, in view of the fact that it shows neither the monuments nor the names of the owners of the adjoining lands.

WAR 1904-VOL 11-49