RUBI V PROVINCIAL BOARD OF MINDORO

ISSUE
WON Section 2145 of the Administrative Code of 1917 is an unlawful
delegation of legislatve power by the PH legislature to provincial officials and a
department head
FACTS
1) The Provincial Board of indoor adopted Resolution No. 25, in
accordance with Section 2077 of the Administrative Code, which
obliges Non-Christians to reside in one habitation site on an
unoccupied land, selected and approved by the provincial board.
2) The Board selected the sitio of Tigbao on Lake Naujan and under the
abovementioned code, 800 hectares of the land is selected as a site of
permanent settlement of the Mangayanes in Mindoro subject to the
approval of the Honorable Secretary of the Interior
3) The provincial Governor issued Executive Order No. 2 which says
that all Mangyans should take up their habitation on the site of
Tigbao not later than December 1917 and that any Mangyan who shall
refuse to comply shall, upon conviction, be imprisoned not exceeding
60 days in accordance with Section 2759 of the Administrative Code.
4) Rubi and his companions are said to be held on the reservation
established at Tigbao, Mindoro, against their will, and Dabalos is said
to be held under custody of the provincial sheriff in the prison at
Calapan for having run away from the reservation.
DECISION
NO
An exception to the general rule is immemorial practice which
permits the central legislative body to delegate powers to local
authorities
The PH legislature conferred authority upon the Province of
Mindoro, to be exercised by the provincial governor and the
provincial board bc they are the ones better qualified to judge when a
course is deemed necessary in the interest of law and order.

NOTES
Administrative Code of 1917
Section 2145:
With the prior approval of the Department Head, the provincial
governor of any province in which Non-Christian inhabitants are
found is authorized, when such a course is deemed necessary in the
interest of law and order, to direct such inhabitants to take up their
habitation on sites on unoccupied public lands to be selected by him
and approved by the provincial board.
Section 2759:
Any Non-Christian who shall refuse to comply with the directions
lawfully given by a provincial governor, pursuant to Section 2145 of
this code, to take up cohabitation upin a site designated by said
governor shall upon conviction be imprisoned for a period not
exceeding 60 days.
Non-Christians
refers not to religious belief but more on the geographical areaand
more directly to the natives of the Philippine Islands of a low grade of
civilization, usually living in tribal relationship apart from settled
communities.
Manguianes
savage, mountainerm pagan, negro
low in culture
has Negrito blood and have not advanced beyond the Negritos in
civilization