8/6/2019 1_Rubi v Provincial Board of Mindoro

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Rubi v Provincial Board of Mindoro

Nature: Delegation of Legislative Powers

Facts: The provincial board of Mindoro adopted resolution No. 25 wherein non-

Christian inhabitants (uncivilized tribes) will be directed to take up their habitation on

sites on unoccupied public lands. It is resolved that under section 2077 ofthe Administrative Code, 800 hectares of public land in the sitio of Tigbao on Naujan

Lake be selected as a site for the permanent settlement of Manguianes in Mindoro.

In that case, pursuant to Section 2145 of the Revised AdministrativeCode, all the

Mangyans in the townships of Naujan and Pola and the Mangyans east of the Baco

River including those in the districts of Dulangan and Rubi's place in Calapan, were

ordered to take up their habitation on the site of Tigbao, Naujan Lake. Also, that any

Mangyan who shall refuse to comply with this order shall upon conviction be

imprisoned not exceed in sixty days, in accordance with section 2759 of the

revised Administrative Code.

Said resolution of the provincial board of Mindoro were claimed as necessary

measures for the protection of the Manguianes of Mindoro as well as the protection ofpublic forests in which they roam, and to introduce civilized customs among them.

It appeared that Rubi and those living in his rancheria have not fixed their dwelling

within the reservation of Tigbao and are liable to be punished.

It is alleged that the Manguianes are being illegally deprived of their liberty by the

provincial officials of that province. Rubi and his companions are said to be held on

the reservation established at Tigbao, Mindoro, against their will, and one Dabalos is

said to be held under the custody of the provincial sheriff in the prison at Calapan for

having run away from the reservation.

Issue: WON Section 2145 of the Administrative Code of 1917 is constitutional.

Held/Ratio: The Court held that section 2145 of the Administrative Code does not

deprive a person of his liberty of abode and does not deny to him the equal protection

of the laws, and that confinement in reservations in accordance with said section does

not constitute slavery and involuntary servitude. The Court is further of the opinion that

section 2145 of the Administrative Code is a legitimate exertion of the police power.

Section 2145 of the Administrative Code of 1917 is constitutional. Section 2145

of the Administrative Code of 1917 is not an unlawful delegation of legislative

power by the Philippine Legislature to provincial officials and a department

head.

Assigned as reasons for the action: (1) attempts for the advancement of the non-

Christian people of the province; and (2) the only successfully method for educating

the Manguianes was to oblige them to live in a permanent settlement. The Solicitor-

General adds the following; (3) The protection of the Manguianes; (4) the protection of

the public forests in which they roam; (5) the necessity of introducing civilized customs

among the Manguianes.

One cannot hold that the liberty of the citizen is unduly interfered without when the

degree of civilization of the Manguianes is considered. They are restrained for their

own good and the general good of the Philippines.

Therefore, petitioners are not unlawfully imprisoned or restrained of their liberty.

Habeas corpus can, therefore, not issue.