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PREHISPANIC FILIPINO CONCEPTS OF LAND RIGHTSAuthor(s): William Henry ScottSource: Philippine Quarterly of Culture and Society, Vol. 22, No. 3 (September 1994), pp. 165-173

Published by: University of San Carlos Publications

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2/10

Philippine Quarterly

of

Culture &

Society

22(1994):165-173

PREHISPANIC FILIPINO CONCEPTS OF LAND RIGHTS

William

Henry

Scott

On 13January 1620,Dionisio Kapolong, son ofLakandula, last lordof

Tondo,

sold

a

parcel

of

land

measuring

40

by

100 brazas

-

about

one

hec?

tare

-

in

Kinabayanan

on

the outskirts of Tondo

to

one

Luis

de

Torres for

two

hundred

pesos.

The

act

illustrates

n

alien

concept

introduced

by

a

for?

eign

occupation, namely,

the idea

that

land

can

be

bought

and sold

like

pri?

vate

property.

In

the

prehispanic Philippines,

not

only

was

land

not

considered

private

property,

it

was

not

considered

property

at

all,

either

private

or

public.

Rather,

land

was

conceived of

as a

natural

resource,

like

a forest full ofwild game and fruit, r a riverfull of fish and gold dust.But

today,

after four

centuries

during

which land

ownership

has been the

very

basis of

Philippine

economy

and

politics,

it

is

hard

to

picture

a

day

when

land

was

neither

sold

nor

mortgaged.

In

this

paper,

we

will

try

to

make

such

a

picture

easier. We

will

examine that

16th

century

Philippine

con?

cept

of

land,

property,

nd

wealth

and see.how

the

Filipino

elite

responded

to

the

new

Spanish

concept.

Land and

property.

-

Spanish

silence

on

the

subject

of

Philippine

land ownership is noteworthy.The firstgeneration of colonists, bothmis?

sionary

clergy

and civil

officials,

submitted

extensive

reports

to

the

King

on

local

products

and

economy,

and

on

native

customs

and

class

structure.

But

they

mention

no

landholding

elite

nor

any

dependent

classes

working

land

belonging

to

other

people.

This

is

especially

significant

since

in

Spain

and

Spanish

colonies

in

the

Americas,

the

possession

of land

was

the

very

root

of

class

differentiation.

nstead,

they

describe

an

institution

f

debt

slavery

under

which

debtors

were

legally

reduced

to

slavery

but

were

not

Note: The

author

gave

this

article,

probably

his last

on

Philippine

history,

to

Dr.

Luciano

P.R.

Santiago

before

the

author

was

admitted

to

St.

Luke's

Hospital

in

Quezon

City.

He

died

there

on

4

October

1993

following

surgery.

Requiescat

in

ace.


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3/10

166

PHILIPPINE

QUARTERLY

OF CULTURE

&

SOCIETY

deprived

of the land

they

were

farming.

Quite

the

opposite, they

continued

to

support

themselves

and

occupy

their

own

houses,

but

owed their

mas?

ters

-

or

creditors

-

a

portion

of

their

crops.

Land

use

under

this

system

was

described

by

Father

Juan

de Plasencia

in

1589

as

follows:

The lands where

they

lived,

they

divided

among

thewhole

barangay,

and

thus each

one

knew

his

own,

especially

what is

irrigated,

nd

nobody

from

an?

other

barangay

worked them unless

he

had

bought

or

inherited

them.

In

the

tin

gues [hills] theywere not distributed,but only by barangays; and so, so long as

one was

from that

barangay,

even

if

he

came

from another

town

when it

was

time

to

harvest the

rice,

the

one

who

first

opened

the land

planted

it,

nd

no

one

else could take

it

way

from

him

(Plasencia 1589:24).

A

barangay

was a

group

of

people

subject

to

one

datu,

so

this is

a

de?

scription

of land

held

in

usufruct

rather than fee

simple

-

that

is,

to

use

but

not to

own.

The reference

to

purchase

or

inheritance

no

doubt

refers

to

this

right,

as

is

suggested

by

Plasencia's

further

tatement

about

inheritance:

children inherit heirparents' gold and possessions, but only enjoy theuse

of

{gozar)

their

and and

status.

Father

Francisco

Alcina

has

left

an even more

lucid

description

of

Visayan

land

rights

in

1668.

Regarding

land,

here there is

no

difference between

mine and thine

as

in

other

parts,

or

the usual lawsuits

in

almost

all of them

over

its dominion and

possession;

because

it

is

so

great,

so

extensive,

and

in

almost

all

places

so

good,

in

all

islands,

that it is

not

only

more

than

enough

for

all

their

inhabi?

tants,but could be given to thousands of farmers of those inotherpartswho are

begging

for

it and sometimes

cannot

farm for lack

of

land,

while

here,

on

the

contrary,

there is

more

than

enough

and

very

extensive

land

but

a

shortage

of

those

to

cultivate

it.And

although

it is

true

that

every

town

or

vicinity

has

its

own

boundaries and

they

are

like their

own

lands

and

not

those

of

other

towns,

nonetheless,

to

anybody

who

comes

and settles

among

them,

even

if

he

was

never

seen

before and

is

unknown,

they

give

option

to

choose

as

he

will,

all

and

as

much land

as

he

wants

without

giving

a

penny

for

it

or

any

contract,

so

long

as

it

is uncultivated.

Regarding

farming

or

cultivating

it,

the

one

who

fanns

or

cultivates it is

owner,

and

even

more so

if

he

planted

coconuts

or

fruit

trees,

which

are

always

his,

without

there

ever

having

been

disputes

or

lawsuits

among

them

over

it

un?

til

now.

God

grant

that

this

sincerity

and

goodwill might

always

endure

among

them,

because these

days

it

appears

there have been

some

who wish

to

disrupt

it

somewhat,

some

who,

by

bringing

in

modem

ideas

[ladinecer],

are

spoiling




4/10

PREHISPANIC

FILIPINO CONCEPTS OF

LAND

RIGHTS

167

itwith

swindling.

So the ancient goodwill and trust is being lostwith which

they

used

to

live without

grabbing

from

one

another,

but

readily giving

way

to

the

one

who first

planted

coconuts,

fruit

trees,

abaca

or

other

things,

to

which

they

always

had

right

and

dominion,

even

if

they only

swear to

it and then

go

live

in

another

town

(Alcina

1668

[3]

:75-76).

Dr.

Antonio de

Morga

was aware

of similar

property

rights

mong

Ta

galogs:

he

said children

inherited

their

parents'

mnebles

and

raices.

Mue

bles

are

movable

goods

like

household

furnishings,

but

raices

-

literally

roots - are

goods

that

can't

be

moved,

like

orchards

and

vineyards.

The

most

obvious

Philippine example

of

raices

were

coconut

plantations. They

could

not

only

be

inherited,

ut their

owners

could

rent

them

out

or

hire

tuba-tappers

to

tend

them.

It

may

be

that

irrigated

ice fields with

perma?

nent

dikes

and canals

which,

unlike

seasonal swiddens

(kaingin),

could be

farmed

year

after

year,

also counted

as

private

property.

Alcina

was

writing

about

an

archipelago

that

was

largely

forested and

only sparsely

populated.

That

population

was

able

to

support

itself

by

sub?

sistence agricultureoff land thatappeared tobe unlimited, so therewas lit?

tle

incentive

to

buy

or

sell

it. The other

side of the

coin

was

a

labor

shortage

for the

extractive

and

productive

industries

that

produced

the

sur?

plus

which

supported

an

elite

foreign

trade.

These included

fishing

for

pearls,

coral and

tortoise-shell,

collecting

aromatic

hardwoods,

beeswax

and

rattan,

hunting

deerskins,

antlers

and

civet

cats,

and

growing,

spinning

and

weaving

cotton

and

abaca,

as

well

as

constructing,

maintaining

and

manning

the

cruiserswhich

the

trade

required.

Control of this

labor

force

was maximized by an intricatesystemof slavery.

Filipino

slaves

came

into

their

condition

in

three

ways

-

by

birthright,

debt,

or

capture

in

raids.

Captives

were

marketed

by

dealers

in

expensive

goods

like

boats,

houses

and

hunting

dogs,

but

enemy

captives

might

be

taken

specifically

for

human

sacrifice

in

some

prominent

chiefs funeral

rites.

All

others

occupied

social

slots

in

an

extended

hierarchy

of

servitude.

At

the

bottom of

the

scale

were

domestic

slaves,

fed

and

clothed

by

their

masters,

whose

children

born

in

their

master's

house

became

his

property.

But theymight be raised as favorites,given time towork for themselves,

married

off

into

householding

status,

and

even

set

free

on

their

master's

death.

At

the

upper

end

of

the scale

were

serflike

slaves

who farmed their

share

of

the

barangay

domain and

maintained

their

wn

households

-

even

including

other

slaves

-

but

gave

their

master

part

of

their

crops

or

labor.




5/10

168 PHILIPPINE

QUARTERLY

OF CULTURE

&

SOCIETY

In betweenwere a

variety

of slave conditions which

depended

on theiror

their ncestors'

debts,

including

half-slaves

or

quarter-slaves

ofmixed

par?

entage.

In

theory,

ll

of these slaves could

improve

their

condition

-

even

purchase

their

freedom

-

by farming, employment,

trades,

or

participation

in

raids. There

were

even cases

where

a

slave

earned sufficient

renown

in

battle

to

attract

a

following

of his

own

and

actually

become

a

datu.

And

there

were

certainly

cases

where

datu-class

families

fell

on

hard

times

and

dropped

intodebt

slavery.

The

high

incidence of debt slavery is to be accounted for by several

factors.

In

the

first

place,

low

intensity

farming

made

lean

seasons a nor?

mal

part

of

the

agricultural

year,

so

emergency

loans

of food

were com?

monplace,

while interest

rates

were

high

because

they

were

based

on

normal

crop

increases.

In

the

second

place,

debtors

had

no

collateral

to

of?

fer other than

their

own

persons.

Men

frequently

went

into debt servitude

voluntarily

to

obtain

a

loan,

and it

was

not

uncommon

for

a

suitor

to

offer

himself

to

a

prospective

father-in-law

if

he could

not

meet

the

brideprice

demanded. Another cause of debt slaverywas a penal systemwhich levied

fines

so

high

they

could

only

be

met

by

gold

or

valuables.

Whoever

came

forward

to

cover

such

a

fine

-

or ransom

a

captive

-

became

that

person's

master.

There

were

no

penalties

like

jail

sentences,

which

would take labor

out

of

production.

Rather,

the

system

guaranteed

that

the

fruits f the

con?

demned man's

labor

would

be

enjoyed

by

some

member of

the

community

who bonded

him.

Wealth,

-

Morga

says,

These

slaves

are

the

major

wealth

and

prop?

ertywhich the natives have, because of theirbeing so useful and necessary

for their

farming

and estates

(Morga

1609:193).

His

statement

is borne

out

by

other

accounts

which make it

clear

that

slaves

were

practically

a

medium of

exchange

for

high-priced goods.

The

literature

s

full

of refer?

ences

to

fine

blades,

both

spears

and

swords,

worth

one

or

two

slaves,

and

bronze

gongs

worth

just

as

much,

and

early

dictionaries

refer

to

porcelain

plates

and

jars

of similar

value. Elite

weddings

were

characterized

by

the

exchange

of slaves

as

dowry,

and

they

were

the

first items

to

be

settled

in

marriage negotiations. Fathers gave theirdaughters slaveswhen theymar?

riedwho remained

their

personal

property

ust

like their

jewelry

and

trous?

seau.

And lawsuits

over

disputed

inheritance

invariably

concerned slaves:

Father

Alcina settled

two

cases

in

which the slaves

in

question

had

origi?

nally belonged

to

the

litigants'

grandmothers.




6/10

PREHISPANIC FILIPINO CONCEPTS

OF

LAND

RIGHTS

169

Besides

slaves,

the

upper

class

required

heirloom wealth called

ba

handi

for

status

display

-

gold, porcelain

and

bronze

gongs.

Unlike

slaves,

bahandi

was

non-negotiable:

to

part

with it

was

the

sure

sign

of

a

great

family's

decline.

Trade

gold

was

always

rated

at

16

karats

or

less;

higher

quality

was

reserved for

jewelry

and handed down

from

one

generation

to

another. Such

goldwork

was

of

Philippine

provenance

and

craftsmanship,

but

the

porcelains

and

gongs

were

imported.

This

concept

of

wealth

is

re?

flected

in

Spanish dictionary

definitions of

Philippine

hacienda

(wealth,

estate):

it is

always equated

with

alajas

(jewelry,

ornaments)

or

ajaar

(per?

sonal

or

household

outfitting).

o

reference ismade

to

fields

or

real

prop?

erty.

Moreover,

the

agricultural

vocabulary

distinguishes

the

division of

labor,

not

of

property:

if

slave

made

a

field

by

stealth

alongside

his

mas?

ter's,

what he

was

stealing

was

time,

not

land.

These elite

were

distinguished

by sturdy

wooden houses with hand

carved wall

panels,

furnishedwith

chests and tables

engraved

with

leafy

designs,

and their

guests

were

wined

and

dined off

Chinese

porcelain

and

served betelnut from

fancy

brass containers. Datus wore

G-strings

with in?

tricately

oven

or

embroidered

flaps,

and

those

who

had

personally

taken

an

enemy

were

entitled

to

wear

gauze-thin

red

turbans

tie-dyed

in

floral

patterns.

Gowns

were

decorated with silk

or

gold

threads and

elegant

bor?

ders,

or

cut

from

silk and

expensive

printstuffs mported

from

abroad,

and

both

men

and

women

might

be

weighted

down with

gold jewelry

amount?

ing

to

a

kilo

or

more.

All

this

finery

raises the

question

of how

thiswealth

was

acquired.

The accumulation ofwealth, - The Filipino elite accumulated their

wealth from feudal

dues and

services,

privileged

use

of

barangay

domain,

income

from

fines,

legal

fees and

usury,

and

control of

trade.

An

individ?

ual

chief

s

access

to

these

sources

of

income

naturally

varied with

local

economic

conditions,

availability

of

resources,

and

his

personal

ability

to

ingratiate

r

intimidate

members

of his

own

barangay

and

coopt

the

heads

of

other

barangays.

Freemen

in

a

barangay

owed

their

datu

military

or

agricultural

serv?

ices. They accompanied him towar, and onmaritime excursions foreither

raid

or

trade,

armed

at

their

own

expense,

or

gave

him

a

share of their

crops.

They

could be called

out

for

planting

or

harvesting,

to

open

new

swiddens,

or

to

build and

repair

his

houses. And

they

were

expected

to

contribute labor

at

the

timeof

his

prestige

feasts like

weddings

or

funerals,




7/10

170

PHILIPPINE

QUARTERLY

OF CULTURE

&

SOCIETY

and

perhaps

a

jar

of wine or the

leg

of some deer or boar taken in the

chase.

Since

the

elite had

the

same

rights

of usufruct

as

anybody

else,

a

datu

and

his wife

with

two

or

threehundred slaves between them

enjoyed

a

dis?

proportionate

share of communal

resources.

Datus

could

also

dispose

of

land

not

actually

being

tilled

or

occupied,

though early Spanish

accounts

do

not

mention

any

cases

of

property

dispossession.

Datus collected

tariff

on

local

goods

being

sold

or

exported,

and

on

merchants and

merchandise

passing

through

their

territory,

nd a

powerful

chief could also demand a

share of local

produce

from forests

and

fisheries.

Datus

on

the

Pasig

River

were

known

to

delay

the

passage

of

Manila-bound

traffic

to

inflate

the

price

of

rice,

and

in

Bikolandia

there

were cases

of mineral

rights being

leased

to

alien

miners.

One

of

a

datu's

major

duties

was

settling disputes

among

his

people.

The

litigant

to

whom

he awarded the decision

in

any

lawsuit

was

expected

to

give

him

a

gift,

or

part

of

the

property

being

contested,

and he

received

a portion of any fines imposed. In serious cases likemurder or slander

which

reduced the

culprit

to

debt

slavery,

he

often

took

possession

of his

small children.

He also

received

a

fee from

any

of

his

personal

vassals for

permission

to

marry.

A

powerful

chief could collect fines

for

infraction f

restrictionshe had

imposed

on

the

use

of

forests

or

fisheries,

or

for

per?

ceived

disrespect,

even

for

glimpsing

his

ladies naked

in

the

bath.

And

he

was

the

major

source

of loans

at

interest

rates

as

high

as

150

percent,

sometimes calculated

monthly.

Tagalog

bintang

meant

to

add

more

and

more every day to thedebt a person owes, as if itwere btcwis (tribute), by

lending

him

more

with

the

intention

hathe

will

not

be

able

to

repay

itand

so

become

a

slave

(San

Buenaventura

1613:59).

It

was

this

access

to

local

production

which

provided

the

capital

for

long

distance trade.

Investors

pooled

their

resources

for

joint

ventures:

a

shipowner

who

put

up

half

the

outfitting

xpenses

for

a

maritime

venture

was

entitled

to

two-thirdsof the

booty

or

profit.

Chiefs

in

seaports

col?

lected harbor fees from

visiting

merchantmen,

and

those

in

real

emporia

likeManila and Butuan were able to parley these profits into political

power

by

taking

other

datus into the business. Lakandula of Tondo

mo?

nopolized

tradewith annual

Chinese

junks, removing

their sails and rud?

ders while

in

port,

paying

for half the

cargo

and

taking

the other half

on

credit until

next

year.

Manila

merchants retailed

these

goods

to

other

parts




8/10

PREHISPANIC FILIPINO CONCEPTS OF

LAND

RIGHTS

171

of the

archipelago: they

supplied Legazpi

with

rice

in

Cebu when theCe

buanos

were

trying

to

starve

him

out,

and

a

Manila

merchant

whom Juan

de

Salcedo

met

in

Vigan

guided

him

to

the

Cagayan

Valley.

Foreign imports

included

not

only luxurygoods

like

porcelain

and silk

but

more

easily disposable

items like

hardware,

tin

and

ordinary

crockery

-

and

most

importantly,

iron.

Although

iron

appears

to

have

been

pro?

duced

in

the

ancient

Philippines,

at

the time

of

Spanish

advent

it

was

being

imported

from

China

in

bars,

ingots,

and

cast

iron

pans,

which could be

broken up to

supply

blacksmiths with rawmaterial. This means that elite

merchants

ultimately

controlled

a

material essential

to

the

practice

of

agri?

culture.

In

fact,

datus

were

often blacksmiths themselves:

Father

Alcina

commented,

It

is certain that

no

profession

among

the

Visayans

is

more

profitable

than

this,

and

so

it

is the

most

honored and

esteemed

among

them,

since the

greatest

chiefs

are

the

best

iron-workers

(Alcina

1668[3]:105).

Deeds

of

donation and bills

of

sale.

-

Deeds

of donation

and

agree?

ments to sell, executed in Spanish and notarized by the colonial govern?

ment,

survive

from Tondo from the last decade of the

16th

century.

Such

transactions

presuppose

two

conditions

-

the

right

to

alienate real

property,

and

a

motive for

doing

so.

And

in

the

case

of

sales,

a

third

ingredient

is

necessary

-

a

customer.

Recognized

barangay

members had

the

right

to

use

the

houselots,

gar?

dens,

orchards and

irrigated

ields their

parents

had

been

using

-

but

not,

of

course,

swiddens

that

had been abandoned after

harvesting.

It

would

be

logical that they could alienate such propertywhen circumstances war?

ranted.

The

chiefly

class had the

right

to

dispose

of uncultivated

or

unoc?

cupied

land

within

the

barangay

domain,

and all

surviving

deeds of

donation

or

sale

identify

he donor

or

seller

as a

principal

or

principalia

-

the

name

the

Spaniards

gave

to

datus

or

maginoo.

Lakandula

of Tondo

permitted

some

Chinese

political

refugees

to

settle

as

farmers

and

fishers

on

the

shorefront

alled

Longos,

which

they

promptly

diked and

improved.

And

in

the

Laguna

lake

district,

some

datus

sold

rights

to

their

domain

to

in-migrating atuswho were resettling r expanding their wn barangays.

Of

course,

the

perception

of

untilled land

as an

unlimited

good

could

not

survive

population

expansions

and concentrations

which

unbalanced

the

ratio

of

man

to

land.

Coastal

chiefdoms

with

expanding

overseas

trade

became

increasingly

dependent

on

interior

ommunities

for

foodstuffs,

nd




9/10

172 PHILIPPINE

QUARTERLY

OF CULTURE & SOCIETY

the

clearing

ofwoodlands for

sedentary agriculture

gave

farming

increased

importance

in

relation

to

forest

exploitation.

Whether this

actually

ren?

dered

irrigated

rice fields

a

marketable

commodity

in

the

prehispanic

Phil?

ippines,

it

certainly

inflated

their

value

as a means

of

accumulating

wealth.

And whatever

a

datu's traditional land claims

may

have

been,

they

were

ir?

revocably

fixed under

Spanish

domination. The

process

took

place

first

in

the colonial

capital:

a

half

century

later,

Alcina could

still

say

in

Leyte,

Here there

is

no

differencebetween

mine

and thine.

The colonial government immediately took control of all importsand

exports,

and

forbade

all

Filipino

overseas

trade

or

slave raids. Chiefs who

offered resistance

to

the

imposition

of

foreign

rule

were

deprived

of their

possessions

and

positions,

including

even

their

slaves.

Moreover,

slaves

who claimed

unjust

enslavement for

petty

misdemeanors,

usurious

debts,

or

outright

seizure,

could file suit formanumission.

Many

datus

who

be?

longed

to

what had been

royal

families

were

thus

left

ith

little

more

than

unused

land

across

the

river

in

Tondo.

But

since

most

of the land

in

what

became theWalled City ofManila had been appropriated by the colonial

government,

Spanish

residents,

both civil and

religious,

were

eager

to

ac?

quire

property

in

the

suburbs.

It

was

this

market

which

motivated aliena?

tion of

private

property

by

such

non-Filipino

procedures

as

land

registration,

ale,

mortgage,

speculation,

or

the

filing

of

false

claims.

Donations of

land

to

religious

institutions, owever,

were

inspired

by

other

motives.

Native

animism

held that

post-mortal

well-being

depended

on

sacrifices offered

up

by

the

living,

and

converts

sought

similar

assur?

ance from theChurch.Rajah Ache Matanda's granddaughterCatalina gave

200

pesos'

worth

of land

to

the

Augustianians

for

four

masses

a

year

for

the

repose

of

her soul. Persuasive

descriptions

of

hellfiremoved

more

than

one

datu

to

set

slaves free and

turn

over

ill-gotten gain

to

religious

or?

ders.

Other donors

appear

to

have

been

impressed by

friar

authority,

their

behavior

so

unlike

that of

conquistadors,

or

approval

of

the work

they

were

doing.

The

Franciscan

hospital

in

Los Banos

received land from local

principales

-

including

the

right

to

collect wood from

adjoining

wood?

lands for theirown use, but not for sale

-

and theAugustinian church in

Intramuros stands

on

ground

donated

by

the

grandfather

of

a

Filipino

who

became

a

member

of

their

rder.




10/10

PREHISPANIC

FILIPINO CONCEPTS OF

LAND

RIGHTS

173

REFERENCES

CITED

Alcina,

Francisco

Ignacio

1668 Historia

de

las

Isias

e

Indios de

Bisayas,

Part

I,

Books

1-4.

Victor Baltazar

transcription, niversity

of

Chicago,

Philippine

Studies

Program,

1962.

Archives

of the

University

of Sto.

Tomas.

Papeles

referentes

a

Don

Dionisio

Capolo.

(1620-21) Libros del Archivo. Tomo 22, folios 200-213v.

Morga,

Antonio

de

1609

Sucesos

de las

Isias

Filipinos.

Mexico. Ed.

W.E.

Retana, Madrid,

1910.

Plasencia,

Juan

de

1589

Relaci?n

de

las

costumbres

que

los

yndios

solian

tener

en

estas

yslas,

Ar?

chivo

General

de

Indias:

Filipinas

18-B.

San

Buenaventura,

Pedro

de

1613 Vocabulario de Lengua tagala. Pila.

Santiago,

Luciano P.R.

1990

The

houses

of

Lakandula,

Matand?

and

Solim?n

(1571-1898):

Genealogy

and

group

identity. hilippine

Quarterly

of

Culture

&

Society

18:39-73.

Thi t t d l d d f 202 92 128 133 F i 29 J 2016 11 27 16 UTC

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