Report of the governor general of the Philippine Islands. [1908]

REPORT OF THE DIRECTOR OF LANDS.

237

In the annual reports of this bureau for the fiscal years 1906 and 1907 mention was made of a controversy between the municipal officials of Santa Rosa,
Laguna Province, and the Philippine Sugar Estates Development Company
over a plot of ground facing the plaza in Santa Rosa.
It was contended by the municipality that the lot in question had for many
years been used as a market site during the rainy season. On the other hand,
the Sugar Estates Company contended that even though a portion of said lot
had been so used, such use had been merely on sufferance, and the consent of
the friars had in every case been secured beforehand. Furthermore, that only
a portion of said lot had been used as a market site, and that it was absolutely
necessary that the lot pertain to the hacienda building in order to give an unobstructed entrance from the street to the building retained by the company.
The company originally claimed the entire lot and alleged that the same had
been reserved by it from the sale to thle government, but as stated in the report
of this bureau for the preceding fiscal year, it has now modified its demands
in this respect and is willing to relinquish all claim to that portion of the lot
adjoining the warehouse and take that portion directly in front of the hacienda
building.
During this fiscal year the assistant director of this bureau made a personal
investigation of this matter, and after thoroughly reviewing same was convinced that the contention of the company, in its modified form, was reasonable and just and that the portion of such lot which the company was willing
to relinquish was ample and sufficient for the requirements of the municipality,
such portion being that used as a market site during past years.
Rcommendations were therefore made to the secretary of the interior to
the effect that the lot be divided in the manner indicated, and authority being
secured therefor, the municipal-officials were then informed of the action taken
and, further, that they would be expected to abide by the terms of the agreement and the matter considered closed. To this they replied by a resolution
dated April 12, 1908, declining to accept on their part the division made by
this bureau, in effect denying the authority of the secretary of the interior to
settle the matter in his discretion. The matter was then referred to the secretary
of the interior, with a recommendation that the same be transmitted to the
attorney-general, with instructions to enjoin the municipality of Santa Rosa to
refrain from seeking to control the plot of land in question which had been
awarded to the Sugar Estates Company. It is thought that upon receipt of
instructions from the attorney-general the municipality will desist in its demands and that the matter will be closed.
COLLECTION OF RENTS.
Many conditions have impeded the collections of contracted rentals during
the past year, but the principal reason for the noncollection of rents has
been the desire to re-lease the estates wherever possible upon a basis of actual
areas, and thus the bureau has refused rents in many instances until new
leases could be prepared and the proper rent collected. This has no doubt reduced the actual income to some extent, but it is considered advisable to make
only one change in the rent to a lessee, as such a change is always the cause
of complaint and dissatisfaction, especially where the actual value of the lessee's
holding becomes known, and is usually in excess of what was originally leased
him. The shortage of the crop in the provinces north of Manila also tended
to delay the collection of the rents, but, as a general rule, less trouble has been
apparent in obtaining voluntary payments than heretofore.
During the year a number of suits were brought against the tenants, resulting as follows:
Office. Filed. Cmpro- Execu- Pending
maised. tions.
Calamba........................................................ 123 106 15 2
Cebu............................................................ 10 5 0 6
Biflan........................................................... 534 357 2 175
Bocaue......................................................... 145 47 0 98
Im us............................................................ 56 53 0 3
Naic............................................................ 68 67 1 0
Polo............................................................. 66 56 0 10
Santa Cruz de Malabon......................................... 147 127 20 0
Total..................................................... 1,149 818 38 293