Page images
PDF
EPUB

H. Taft, civil governor, whose authority is shown by a certified copy of a resolution of the Philippine Commission, also hereto attached.'

In the presence of—
JEAN BAPTISTE GUIDI,

THE RECOLETO ORDER OF THE PHILIPPINES,

By VALENTIN UTANDE, F. Procurator.

THE GOVERNMENT OF THE PHILIPPINE Islands, By Wм. H. TAFT, Civil Governor.

Archbishop of Stauropoli, Apostolic Delegate.

MANILA, December 22, 1903.

The Philippine Sugar Estates Development Company (Limited), purporting to be a corporation of the Philippine Islands, duly and lawfully organized, hereby agrees to sell and convey to the government of the Philippine Islands eight (8) haciendas, formerly the property of the Dominican Order in the Philippines, as follows:

(1) The hacienda of Biñan, in the province of Laguna, said to contain, by the survey of Villegas, a surveyor, 3,739 hectares 10 ares and 15 centares;

(2) The hacienda of Calamba, in the province of Laguna, said to contain 16,424 hectares and 14 ares;

(3) The hacienda of Lolomboy, in the province of Bulacan, divided into three parts, the first and second parts at Polo, one containing 106 hectares and 53 ares, and the other containing 65 hectares 19 ares and 50 centares, and the third part in the pueblo of Bocaue, containing 4,158 hectares 9 ares and 66 centares;

(4) The hacienda of Naic, in the province of Cavite, said to contain 7,922 hectares and 29 ares; and 24 centares;

(5) The hacienda of Orion, in the province of Bataan, said to contain 2,109 hectares 57 ares and 24 centares;

(6) The hacienda of Santa Cruz de Malabon, in the province of Cavite, said to contain 8,902 hectares 37 ares and 50 centares;

(7) The hacienda of Santa Maria de Pandi, in the province of Bulacan, said to contain 12,069 hectares 57 ares and 2 centares;

(8) The hacienda of Santa Rosa, in the province of Laguna, said to contain 4,750 hectares 14 ares and 24 centares; and,

In addition, a parcel of land in Toro, in the province of Bulacan, said to contain 58 hectares 23 ares and 30 centares, which is really part of either the hacienda of Lolomboy or that of Santa Maria de Pandi;

Reserving therefrom the casa hacienda and camarine in the hacienda and pueblo of Santa Rosa in the province of Laguna, including the land enclosed within the walls surrounding said casa and camarine and two hundred hectares of first-class agricultural land therein to be selected by the agent of the Philippine Sugar Estates Development Company (Limited), in reasonably compact form near the casa hacienda, and selected so as to interfere with the use of the rest of the estate by the Philippine Government as little as possible and so as not to include any part of the poblacion but only agricultural land; reserving also the casa Majala on the mountain side of the Calamba estate, together with eight hundred hectares of cultivated sugar lands extending from the casa Majala toward the town of Calamba, to be selected, by the company's agent in as near a compact tract as practicable and so as not to interfere with the use of the remainder of the estate by the Philippine Government. The reservation of neither of these tracts is to include the source of water supply for the estate from which reserved, and is not to be used by the Philippine Sugar Estates Development Company (Limited), or any successor in title, to the prejudice of the government of the Philippine Islands or any successor in title to the lands hereby conveyed so far as the use of water thereon and the present system of irrigation is concerned, which shall be continued for the benefit of both parties herein in accordance with the law and customs of the Philippines in the year 1898.

This sale and conveyance shall include all the dwelling houses, farmhouses, warehouses, camarines and other buildings, irrigation work, dams, tunnels, ditches and all other improvements, together with all water and other rights and all hereditaments belonging to the company on every part of the estates hereby agreed to be conveyed, except the two houses expressly reserved above, and also excepting a camarine in the población of Orion in the province of Bataan, and a camarine in the población of Calamba, which belonged to the Philippine Sugar Estates Development Company, Limited, but were not valued by Villegas, the surveyor, in the survey hereinafter referred to, from ignorance that they belonged to the company. The land upon which the camarines of Orion and Calamba stand is not included in this conveyance.

It is understood that the Philippine Sugar Estates Development Company, Limited, has sold upward of four hundred hectares of sugar land in the Calamba estate, which is to be included in the eight hundred hectares herein reserved to the company and to be satisfied out of the same. It is also understood that the company has sold ten hectares, more or less, with a rice mill thereon, in Biñan, and town lots in Biñan, Calamba, and Santa Cruz. To make up for this amount and for the two lots in Orion and Calamba, upon which stand the camarines mentioned above, the said company agrees to reduce the reservation of two hundred hectares in Santa Rosa by the amount thus sold in Biñan, Calamba, and Santa Cruz, and by the amount retained in Orion and Calamba.

The Philippine Sugar Estates Development Company, Limited, agrees that it has good and merchantable titles to all the lands and buildings hereby conveyed, duly registered according to the laws of the Philippine Islands; that it will produce evidence of the same for examination by counsel for the Philippine government as soon as practicable after the signing of this contract, and that it will convey such lands and buildings absolutely and in fee simple in accordance with this contract by a good and sufficient deed of general warranty of title to the Philippine government. The Philippine Sugar Estates Development Company, Limited, further agrees to furnish to the Philippine government all its books, papers, and other documents which it has, either in possession or under its control, bearing upon its ownership, or the ownership of its predecessors in title, of the lands herein agreed to be conveyed, which shall, in the opinion of the counsel for the Philippine government, be useful to such government in determining who are the rightful tenants on the property, and in showing, in cases of litigation, the lawful and peaceable possession of the Philippine Sugar Estates Development Company, Limited, or its predecessors in title, and especially in showing the lawful and peaceable possession of the Dominican Order of the Philippines during the sovereignty of Spain. The Philippine Sugar Estates Development Company, Limited, further agrees to aid the Philippine government in every way by procuring oral or documentary evidence needed in confirming the title hereby conveyed, or by showing where such evidence can be procured. The Philippine Sugar Estates Development Company, Limited, further agrees that the Philippine government may, at its own expense, make such surveys of any of the haciendas as it sees fit in order to determine whether the superficial area of any hacienda according to the description thereof in the title deeds is the same as that stated in the abovementioned list of haciendas and parcels.

The Philippine Sugar Estates Development Company, Limited, also hereby agrees to assign and transfer to the government of the Philippine Islands all claims for rents for use of land or buildings herein agreed to be conveyed due to the Philippine Sugar Estates Development Company, Limited, or its predecessors in title, from tenants thereof which are now uncollected, together with all claims for rents accruing between the date hereof and the consummation of the sale herein agreed to be made, except such rents as may be owing by the United States Government to the said company for occupation of its houses by United States troops.

It is understood that this contract is based upon a series of surveys made by a surveyor named Juan Villegas during the years 1901 and 1902 at the instance of the government of the Philippine Islands, in which he classified and appraised the lands of the Philippine Sugar Estates Development Company, Limited, herein agreed to be conveyed; that on the basis of this survey, classification, and appraisement, the civil governor, on behalf of the government of the Philippine Islands, by letter to Monsignor Jean Baptiste Guidi, Archbishop of Stauropoli and apostolic delegate to the Philippine Islands, dated July 5, 1903, made an offer to purchase the lands above described at the prices fixed by Villegas in Mexican currency reduced to gold at the ratio of two to one, and this letter of the civil governor, together with the list of estates of the Dominicans so called, which accompanied the letter and the surveys of Villegas of said estates, is hereby, for the better understanding of this contract, made part hereof as an exhibit by reference, it being understood that the estate of San Juan del Monte mentioned in the list as belonging to the Dominicans was never conveyed to the Philippine Sugar Estates Development Company, Limited, and is not owned by the said company and is not included in this agreement to sell.

In consideration of the sale and conveyance of the lands and buildings and the assignment of the claims for rent, all as above described, the government of the Philippine Islands agrees to pay to the Philippines Sugar Estates Development Company, Limited, the sum of three million six hundred seventy-one thousand six hundred and fifty-seven dollars ($3,671,657), in money of the United States, subject to this proviso: That if the government of the Philippine Islands shall notify the Philippine Sugar Estates Development Company, Limited, that the area of any hacienda that is 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 an agent of each; and if the true survey shall show the area of the hacienda to be less than that as stated by Villegas in the list herein before set forth, then the price herein agreed to be paid shall be abated by an amount to be ascertained by multiplying the number of hectares short into the average value of a hectare in the hacienda in question as shown by dividing Villegas's total valuation of such hacienda by the total number of hectares contained therein according to his survey, plus twenty-five per cent thereof; and if, on the other hand, the true survey shall show an access of hectares over the amount reported by Villegas, then the price to be paid shall be increased by an amount ascertained in a similar manner.

In addition to the foregoing considerations the Philippine government also stipulates that the Philippine Sugar Estates Development Company, Limited, shall be acquitted of the obligation to pay all the uncollected land taxes on the lands, buildings, and other improvements herein agreed to be conveyed to the Philippine government which are due to the provinces or the municipalities in which the same are respectively situate.

It is understood that the government of the Philippine Islands, in order to pay the purchase price hereof, is obliged to sell its bonds under and by virtue of the authority of section 64 of the act of Congress of the United States, approved July 1, 1902, entitled " An act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes.”

The government of the Philippine Islands agrees to make every effort to sell the bonds and obtain the proceeds as soon as is practicable, and the time for the consummation of this contract by the conveyance of a good and marketable title by the Philippine Sugar Estates Development Company, Limited, and the payment of the purchase price by the government of the Philippine Islands is fixed as of the end of the period within which such bonds may be engraved, advertised, sold, and the proceeds thereof realized, and the necessary surveys and necessary investigation of the title be made by prompt action of the Philippine government, not exceeding six months from the date of this contract.

In witness whereof, the two parties to this agreement hereunto affix their signatures, the Philippine Sugar Estates Development Company, Limited, acting by Francisco Gutierrez, the attorney in fact of said company, as shown by the attached power of attorney, and the government of the Philippine Islands by Wm. H. Taft, civil governor, whose authority is shown by a certified copy of a resolution of the Philippine Commission, also hereto attached.

(Sgd.)

In presence of—

JEAN BAPTIST GUIDI,

THE PHILIPPINE SUGAR ESTATES

DEVELOPMENT COMPANY, LIMITED, By FRANCO. GUTIERREZ, Attorney in Fact.

THE GOVERNMENT OF THE PHILIPPINE ISLANDS, By WM. H. TAFT, Civil Governor.

Archbishop of Stauropoli, Apostolic Delegate.
A. W. FERGUSSON.

EXHIBIT I.

REPORT ON RELIGIOUS CONTROVERSIES.

[Cases numbered from 1 to 108, inclusive. Exhibits numbered from 1 to 48, inclusive.]

A SYNOPSIS OF THE CASES OF RELIGIOUS CONTROVERSY AND QUESTIONS IN WHICH THE MATTER OF RELIGION IS INVOLVED, ARISING IN THE PHILIPPINE ISLANDS, CALLING FOR ACTION BY THE EXECUTIVE DEPARTMENT OF THE CIVIL GOVERNMENT OF THE ISLANDS, AND STATEMENT OF THE ACTION TAKEN THEREON.

1. ILOILO, ILIOLO.-No date.-Bishop of Jaro presents in person to the civil governor a petition to the Commission asking that the seminary of Jaro be vacated by the American troops and returned to him as the representative of the Catholic Church. May 25, 1901.-Referred to the military governor of the islands, with request that investigation be made by the military authorities as to the title to the said seminary. August 30, 1901.-Returned to the civil governor, with reports of various military officers.

September 4, 1901.-Referred to the attorney-general for opinion as to whether the facts shown do not seem to entitle the Catholic Church to possession of the property. September 7, 1901.-Solicitor-general renders opinion that the claim of the Catholic Church to title is not clearly shown. The record in this case is copied in full and attached hereto and marked "Exhibit No. 1." (No. 936.)

2. ILOILO, ILOILO.—January 24, 1902.-The presbyter of the congregation of San Vicente de Paul reports that seditious cries and jeers were uttered against himself and fellow priests in Iloilo and Jaro. States that he was refused protection by the military.

January 29, 1902.-Acting civil governor, in a letter to the provincial governor, urges the use of all possible means for the keeping of the peace, and outlines the principles underlying the American policy of separation of church and state. This letter is copied in full and attached hereto and marked "Exhibit No. 2."

February 10, 1902.--A copy of this letter was furnished to the chief of the Philippines constabulary, with the request that all constabulary officers be advised of the status of affairs between the church and the state, in order that there might be no confusion in that regard. Copy also furnished to the presbyter of the congregation of San Vicente de Paul for his information.

March 7, 1902.-Provincial governor transmits testimony and report of investigation, and states that the complaint put the matter in a light which did injustice to the accused persons, as the assembly was an entirely peaceable one and offered no violence. Cites other instances to show that the municipal authorities are using every effort to prevent such lawlessness as that complained of. (No. 6598-A1 to A3, inclusive.)

3. SAN PEDRO, ANTIQUE.-February 18, 1903.-Municipal president forwards for the information of the civil governor a report of the conditions existing in his municipality with reference to the question of religion, his letter leaving the inference that he is having or expects to have trouble along that line.

April 18, 1903.—Civil governor in reply states briefly the duties of the municipal president, and refers him to former instructions. This letter is copied in full and attached hereto and marked "Exhibit No. 3." (No. 22107).

4. LAMBUNAO, ILOILO.-July 17, 1902.-Parish priest complains of persecution by three councilors of his town, stating that they have prevented children from attending the parish school, fined him twice wrongfully, and prohibited the admitting of

corpses into the church.

August 18, 1902.-Referred to the provincial governor for investigation and report, and for proper action to prevent a recurrence of such wrongs if it should be found that the same had been committed.

September 9, 1902.-Municipal president reports that no abuses against the person of the priest or any other Catholic have been noted; that, when the public school was opened the muncipal police were instructed to see that all children attended same; and that the priest was fined for an infraction of the law.

January 16, 1903.-Referred by the executive secretary to the provincial, board of Iloilo, with statement that the action of the municipal council compelling children to attend the public school, and thus indirectly preventing their attendance at the parochial school, was contrary to law; that the ordinance prohibiting the introduction of corpses into the church, etc., was legal only if drafted and recommended by the municipal board of health; and that the municipal council was not empowered to collect fees or taxes on religious ceremonies, and that such ordinance was illegal. The provincial board was instructed to make necessary representations to the municipal council. This letter is copied in full and attached hereto and marked "Exhibit No. 4."

July 2, 1903.-Provincial secretary forwards copy of the withdrawal of the charges by A. P. Cotton, attorney for the parish priest, and favors the dismissal of the case. Accordingly dismissed. (No. 12544 to Al.)

5. JANIUAY, ILOILO.-April 6,1903.-The apostolic delegate forwards to the civil governor a letter from the parish priest of Valladolid, Iloilo, stating that Aglipay has used threats and other undue and unlawful influence to get the parish priest of Janiuay to join his movement.

April 9, 1903.-Civil governor replies that, while the conduct of Señor Aglipay may be subject to severe criticism on the ground of taste and morality, the facts as set forth in the statement of the priest do not warrant executive action. The letter of the parish priest and the civil governor's reply to the letter of the apostolic delegate are written in full and attached hereto and marked "Exhibit No. 5." (No. 24132.)

6. SAN JOSE DE BUENAVISTA, ANTIQUE.-January 17, 1902.-Provincial governor forwards petition, signed by numerous residents of San Jose, asking for the expulsion of Friar Josác Giraldez, also his reply to the petitioners. The reply was in substance the same as the instructions sent out by the civil governor.

January 30, 1902.-Executive secretary, by direction of the civil governor, commends provincial governor's reply.

January 24, 1902.-Provincial governor transmits petitions from citizens of San Josác counter to the former petition.

February 6, 1902.-Acting civil governor, in a letter to the provincial governor, commends the latter's clear and forcible expression of the attitude of the government toward the religious question. The letter of the provincial governor and the commendatory letter of the acting civil governor are copied in full and attached hereto and marked "Exhibit No. 6." (No. 6764-A1 to A3, inclusive.)

7. BUGASON, ANTIQUE.-June 18, 1902.-Provincial supervisor forwards to the acting civil governor copy of a letter from the municipal president of Bugason to the parish priest, dated June 11, ordering the latter to leave the town, and stating that if he did not he would be removed by force. The records show nothing further with regard to this case, but it is evident that the threat of the municipal president was not carried into effect. This and similar cases are treated of in the civil governor's public letter to the provincial governor of Tarlac, dated July 31, 1901, and in circular letters to provincial governors. (No. 10909.)

8. PROVINCE OF CAPIZ.-January 29, 1903.-Eight petitions from residents of various municipalities in the province, containing in all 496 signatures and requesting the expulsion of the friars from the Philippines, were received.

March 7, 1903.-Petition received, dated Ibajay, Capiz, January 1, 1903, protesting against the return of the friars to the pueblo and requesting that all religious corporations be expelled from the islands. These papers were referred to the apostolic delegate for his information. (No. 20520-A1 and A2.)

9. ROMBLON, ROMBLON.-August 16, 1901.-Provincial governor states that the bishop of Jaro is using his position in the Catholic Church to influence the action of the municipal authorities of Romblon, who are Catholics, by threats of severe ecclesiastical penalties in case of failure to comply with his wishes. Incloses letter from the bishop to the municipal authorities; also their reply. The letter of the bishop of Jaro is copied in full and attached hereto and marked Exhibit No. 7." (No.1968.) 10. ROMBLON, ROMBLON.-February 16, 1903.—Provincial governor states conditions in his province between municipalities and church, and asks for advice in case of future disagreement.

[ocr errors]

March 7, 1903.-Informed that the policy of the executive branch of the govern

« PreviousContinue »