Filipinos can now own land in California and Arizona

Title

Language

English

Source

Philippines 3 (3) May 6, 1943

Year

1943

Subject

Filipinos--Unites States

Rights

In Copyright - Educational Use Permitted

Abstract

American government allowed it is possible for Filipinos to lease or buy real
property in the States of California and Arizona, according to separate but similar rulings by the Attorneys-General of these two states, thus further strengthening Philippine American relations. In February 1941, the Supreme Court of the State of Washington ruled that Filipinos are not included in the provisions of the State Anti Alien Land Law and may lease or buy real property in the State.

Fulltext

the imprm·ement of health and sanitation. the building up of an independent judiciarr and of a sound civil service S}"Stem, the construnion oi roads, bridges :ind other import.mt public works, the smbiliz:ition of the n;uional econ,im\·. the development of self-gO\·ernment and the prep;iration l~r ultimate independence in 1946---all chcse. ;md more. were accomplished in the short period oi fony ye;1rs. Here, indeed, w:is national progress ;md self-dewlopmenr. unparalleled in the history of inrer-raci,11 relacionship. \Vhen war overtook us in 1941 and our soldiers fought alongside tbeir American comrades. we did nothing more th:m continue our policy of complcce cooperacio~· with the Uniced Sures, a policy alreJ.dy firmlr established many ye.us ago. In rhe new world of freedom and security. of peace and understanding among peoples of differenc races. which rhe Unired Narions hope ro build, che Philippines is in a unique position ro make a nluablc conrribucion. Hisrory has made us a people that is equally at home in the traditions and civilizations of both the East and the Wesr. This is so because, while geographically, we are located in the flr E~r, absorbing in che early years che culture of Asia, we have been also the recipient of western intluences in the course of our long association wich Spain and the United States. It may be said of us, wich some degree of accuracy. that we are the most occidental of Orientals, and rhe mosc oriental of Occidentals. Midway between Orient and Occident. wirh Chriscian tradicions daring as far back as the l 6ch century, with a background of struggles and sufferings, and wirh a record Filipinos Can Now Own Land In California an cl Arizona NOW ir is possible for Filipinos to lease or buy real property in the States of California and Arizona, according to separate but similar rulings by rhe Anorneys-General of rhese two states, chus further strengthening PhilippineAmerican relations. The California ruling was handed down on April 1st, 1943, in a Jeerer addressed to the Discricc Attorney of Santa Clara County, San Jose, California, by the Auorney General in answer co charges instituted againsc a Filipino for holding land in California contrary to the Alien Property Initiarive Act of 1920. This statute provides in part as follows: 6 .. Sec. 1. All aliens eligible ro citizenship under the laws of the United States may acquire, possess, enjoy, use, cultlvatc, occupy, uansfer, transmit and inherit real property, or any interest therein, in this state, aod have in whole or in part the beneficial use thereof, in the same manner and to same extent as citizens of the United States, except as otherwise provided by the laws of this staie." .. Sec. 2. All aliens other than those mcmioned in section one of thjs aa may acquire, possess, enjoy, use, cuhivate, occupy and uansfer real property,. or any interest therein, jn this state, and have in whole or in part the beneficial use thereof, in the manner and to the extent, and for the purposes prescribed by any rreaty now existing between the government of the United States and the nation or counuy of which such alien is a citizen or subject, and not otherwise." of h;l\'ing earned her liberation through the orderly proc· esses of self-govcrnmcnr. rhe Philippines feels chat she c;m-aod musr-assist che United Nations in their determined effort to assure the fuml.1mcntal hunun rights m all che peoples of the e.1rrh. Fur. in rhis life-;1nd-dc.1th struggle bct\\"ccn '' sl.we world .md a free world. chc Philippines sc.111Js ;1s " vi\'id cx.1mplc of whac the nacions of the Wcsr cm do for all dependcnc peoples en·rywhere; and ro these dcpenJcnc peoples. who hunger for jusnce. freedom and happiness, rhe Philippines symbolizes the go.11 ch.it cJn be attained not by dJStrmt, bluodshed and ''iolend::. buc by friendship. understanding anJ coll.ibnr.nion. The Ad.mtic Ch.mer 1s no new thing. !ts dunnc.raric principles, wirh che exception. perhaps. ~f d1.1t rd.Hing ro t.·i.:unurnic secunry. were .111t-n1bollacd111the11n.i..::11ul Amcric.111 pledge of liberty and sdl·go,·crnmcm '" rhc F1hpinu people. It is 111 n:;1hr) .1 rc.'-st.trcmcnr <>f 1 he· pnm:iplc> enunciacc.«l in the Amcricm Decl.1r.1 tJo"' , if I nJc. pen,IL-nce Of [ 776, dr.1ftcJ right here.· in chis hi\t'1flL Ul}' 1>i J'h1bJcJphia .111d proclaimed 111 rhe whole '"''rid. Just as AmeriG1 c1n nnr. in thc unmon.d \\ords ot l.1ncoln, survive h.tlf sl.1vc .rnd 11.111 fre<:, nc1ther <.in this wllfld of ours remain h.1lf sl,l\'t' .ind h.1lf free. The Arl.rnc1c C.h.lfter offers a prnmi;c of .1 h.1ppy world !O .111 pet>pks. le is our politic1l crceJ cod.t}. 111 1h1s dire moment when 1<>1.1litarianis1n chre.ltens rn dC'~1 rny li\·111z.ui1 m L<:-t 1 r n.~m.1 in our creed tomorrnw when pc;i<<: come». and ll't us Jin• up co ir forever. THE question of whether .1 Filipino is barred from holding real properry under this l.1w has never been p"ssed upon by the courts of California. but opinions of the previous Actorncys-General of che State have held char Filipinos, with the exception of chose who had rendered service in rhe United States Navy or Marine Corps or the Naval Auxiliary Service, come within rhe provisions of the California Alien Land Acr. Ir was contended rhat Filipinos not being eligible to citizenship unless they have enlisred or served in the rhe United Scares Navy or Marine Corps or Naval Auxiliary Service, can not enjoy rights of ownership in real property in the State. "This office has, in the past," writes the present Attor· ney-General, "advised that by reason of the unseeded state of the law, it would be unwise to advise any Filipino that he would be secure in rhe property righrs should he ac· quire and attempt to hold real property in this state. We are inclined to view at this time, however, that, since aliens only are referred to in rhe California Alien Propcrcy Initiative Act of 1920, and since rhe Nationalicy Code classifies Filipinos as nationals and says expressly thar rhey are not aliens, were the matter now to be submitted to the courcs of this state, rhey would hold that a Filipino is nor barred from holding real property in California." ( Comi,.ued on page 8) PHILIPPINES nand and barked our a command. TI1e le,·eled guns blazed, and the litrle. frail school[eachc[ lay dead at the foot of the ibg he tried to defend with his lif~. Bello was -i2 ye.m old. and father of six children. He was well known as an lloc:mo pc">Ct and declaimer. Humble :md unassuming in appe.uance. consernci\'e even in his way of dressing-the hard white collar and the bbck bow cie-yec he looked wich :in open mind ac che Philippine routh who adopted che u·.iys of the west. me:mwhile reraining cheir own. Nou· his children are fatherless but well mar ther be proud of him. \\~ell may every Filipino teacher feel pride in his he.m for this humble m.~n who was a credit to his profession. \"'fell may every Filipino remember and respect the memon· of chis man who '\\"as true co his creed, who was honest. to himself. whose courage typified that of his brorhers who remained ar home because they \\'ere coo old r0 join their sons who flocked co the colors at the approach of the enemy. But Bello srood for something more. In the words of President Quezon, Bello "was paying tribute to the sc.lidariry berween the Uniced Scates and the Philippinesa solidarity that will live e\·en '\\'hen, one day soon, che Philippine Bag Bies alone over our school houses." Filipinos Can Now Own Land ( Contint1ed) Sea ion 101 ( b) of the Nationality Ace of 1940 pro· ,·ides as follows: "The rerm 'Nacional of the United Scaces· means ( 1) a citizen of the United States, or ( 2) a person who, though nor a citizen of the United Stares, owes perma· nenr allegiance ro the United Stares. It does nor include an alien." Furthermore, in his letter, the California Attorney-Gen· eral paid tribute to the intense loyalty of the Filipino to the United States when he scared that: "Our nation has been impressed with the heroism and che loyalty of the citizens of che Philippine Islands. We Americans do nor-nor do our courts-regard them as "aliens"-bur as American Nationals, who rose as one, unflinchingly, co make our fight, their £.ght,-they are adding their full screngch and effort alongside that of this country for the coral defeat of our enemies." Subsequently, on April 14, 1943, the Arcorney-General of Arizona held that "Filipinos come within the purview of the definition of 'National of the United States', and therefore, are noc included within the inhibitions contained in the Arizona Code Annotated, 1939. These provisions pcescribe only aliens from acquiring, possessing, enjoying, transmitting and inheriting real property in the State of Arizona. It will be recalled that in February 1941, the Supreme Court of the Seate of Washington ruled that Filipinos are not included in the provisions of the Seate Ami-Alien Land Law and may lease or buy real property in rhe Srate. The Office of the Philippine Resident Commissioner, to whom credit is due in obtaining this liberal interpretation of che alien land law in these two stares, has had this matter under consideration for some time now. At present, efforts are being exened toward obtaining similar rulings in other siateS. 8 Philippine Government Buys Bonds THE Philippine Government, through its agency, che New York branch of che Philippine National Bank, has subscribed and paid $2.700,000 co the second Victory War Bond drive, according co an announcement made recenrly by Audicor-Genernl Jaime Hernandez at Washingmn, D. C. "The Philippine Government.'' said che Audicor·Gen· erul, "in wholeheartedly parcicipacing in the United States Treasury drive. is giving a good example co all Filipinos in America." Awards THE Michigan Daily, ollicial organ of chc University of Michigan, carries the news chac Eduardo Salgado. a Filipino paincer, was awarded a medal of honor for distinguished work in the field of art by che Fine Arcs Section of the Michigan Academy. The paintings chac won Salgado che award were cwo panoramas of che Philippines and two porcrnic studies. ": member of che committee on awards praised chem for their realistic couches, their line details and brilliant colors. "'The pictures," she said, "'are typical of his people, and illustrate their feelings well." The same paper scaces chac among six foreign women who received the Barbour scholarship for the 1943-44 school year, was a Filipina, Miss Pura J. Hernandez, who has attended the University of the Philippines, Columbia University, and George Washington University. She specializes in accounting. A Letter A MONG the many lecrers we have received so far from Filipinos all over rhe country, chis one from Raymundo Lapitan of Taunton, Massachusetts, paints an almost heroic figure of a man humbly doing his bit in his own unobtrusive way in a country far from the homeland. He wrote: "I am a Filipino-born in Cebu-am married and have five sons and daughters--the oldest, 16, is a welder in the Bethlehem Steel Shipyard. I myself work for the govern· ment ar rhe Miles Standish Army Camp as a mason ... I have been working on defense since 1940. "I own a farm here in Massachusetts and have three acres to be planted, and I shall see to it that some of my less foc( Con1inued on page 10) PHlLIPPlNES

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