463

SANTOS v. ROMAN CATHOLIC CHURCH.
212 U. S. Syllabus.
The effect of the proof wherever made was not to confer title,
but simply to establish it, as already conferred by the decree,
if not by earlier law. The royal decree of February 13, 1894,
declaring forfeited titles that were capable of adjustment under
the decree of 1880, for which adjustment had not been sought
should not be, construed as a confiscation, but as the withdrawal
of a privilege. As a matter of fact, the applicant never was
disturbed. This same decree is quoted by the Court of Land

Registration for another recognition, of the common law pre-
scription of thirty years as still running against alienable crown

land.
It will be perceived that the rights of the applicant under the
Spanish law present a problem not without difficulties for courts
of a different legal tradition. We have deemed it proper on

that account to notice the possible effect of the change of sover-
eignty and the act of Congress establishing the fundamental

principles now to be observed. Upon a consideration of the
whole case we are of opinion that law and justice require that
the applicant should be granted what he seeks, and should not
be deprived of what,, by the practice and belief of those among

whom he lived, was his property, through a refined interpreta-
tion of an almost forgotten law of Spain.

Judgment reversed.

SANTOS v. HOLY ROMAN CATHOLIC AND APOSTOLIC
CHURCH, PARISH OF TAMBOBONG.
ERROR TO THE SUPREME COURT OF THE PHILIPPINE ISLANDS.
No. 73. Submitted January 13, 1909.-Decided February 23, 1909.
A finding by the Supreme Court of the Philippine Islands that the parties
sued as defendants do not constitute a judicial entity such as a
colradia, is not' open to rebxaminatio'n in this court.
Where the reasons of the Supreme Court of the Philippine Islands for
refusing to grant a new trial on ground of newly discovered evidence