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Proem
The
official report of Major Manuel Sanz to Governor General Mariano
Ricarfort stated that the Dagohoy Revolution in Bohol officially
ended on August 31, 1829. That revolution was started by Francisco
Sendrijas alias "Dagohoy" on July 4, 1744.
When
the revolution was defeated the leader of the Boholanos was
already Handog who was a son of Dagohoy. The co-leader was
Awag or Cawag, another son of Dagohoy.
Legacy of Freedom
When
we hear speeches about the Dagohoy Revolution, we always hear
the political aspects such as the love of freedom, independence,
and the fight against tyranny.
However,
seldom can you hear being mentioned the legacies in the social
and cultural aspects.
First
Land Reform
According
to the Year 2000 census, ninety-seven percent (97%) of Boholanos
own or have owner-like possession of the house and lot they
live in. In the province of Bohol, there are no big landed
estates. This situation was brought about by the land reform
made by Francisco Dagohoy. He confiscated the big Spanish
haciendas and distributed it to the people.
However,
the book "The Philippine Islands", authored by Blair
and Robertson could only mention the Jesuit Estate known as
the "San Xavier" hacienda. In my recent research
conducted at the National Archives, I found in the records
named Varias Provincias Cebu: 1761, another name, Hacienda
de Pedro Garaycochea. Unfortunately, I could not pinpoint
its definite location in Bohol.
Concept
of Land Ownership
The
present concept of land ownership by means of land titles
is of western origin. It was first brought here by the Spaniards
and followed by the Americans.
Our
old concept was actual possession. You own the land where
your house is being built and its immediate surroundings,
usually evidenced by a fence. You own the land that you actually
till. If a farm is left idle or not tilled for two successive
years, it is deemed abandoned and anybody could go to the
village council to be allowed to work the abandoned farm.
Any
passerby can climb a coconut tree, if he is hunry or thirsty,
and get a coconut. As evidence of hunger or thirst, you must
leave the coconut husk at the base of the tree.
If
you bring home the coconut, then it is considered as stealing.
In
any camote or sweet potato farm, the farmer has the right
of first harvest and the tubers from the sweet potato mounds.
After the first harvest, anybody in the community can harvest
any tuber found in the stringers (katay) of the sweet potato
plant.
Division
of Inheritance
Occasionally
you will find a Boholano practice of land inheritance that
is different from the one prescribed by our westernized laws.
The
old practice was to divide the land among the heirs and the
plants will be considered for a separate division. So occasionally
you will find in Bohol that one heir owns the land but he
does not own a particular plant growing in his land. It is
even extended to the situation that the brother or sister
who planted the tree owns the tree and not the heir who inherited
the land.
Even
though these practices are not generally honored by our present
court of law, still the custom is practiced and honored by
some Boholanos.
You
Could Not Inherit a Mortgage
Our
present laws about mortgages are of western origin. The laws
of mortgages fostered by the Dagohoy Revolution are somewhat
different.
The
only type of mortgage practiced during the Dagohoy Government
is what is presently called Dacion en pago, or to allow the
use of something as a payment.
For
example I owe you one thousand pesos. As a security of payment
I will mortgage to you my coconut grove. I will allow you
to harvest the fruits from my one hundred coconut trees for
three harvest seasons and the debt will be extinguished. Unlike
today when you mortgage you land to the bank and you will
eventually lost your land because the bank will not be interested
to take over the operation of your land. The bank will be
interested only of their money and interest that you must
pay out of the product of your land. In former times, you
surrender you land for a period of time and then repossess
it. It is up to the reader to conclude which is the better
procedure.
Most
of all, during the Dagohoy government, a mortgage is not subject
to inheritance.
For
example, Pedro owes P1,000 from your father and Pedro mortgaged
his coconut grove for three years. Your father died, and you
as the sole heir you could not inherit the privilege enjoyed
by your father. You could not inherit the privilege of harvesting
the coconuts because the mortgage was only to your father.
The coconut grove will return to the ownership of Pedro even
if the debt was not fully paid. This is a very pro-poor custom,
which unfortunately is no longer practiced.
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