Rubi v Provincial Board of Mindoro

39 Phil. 660 Political Law Delegation of Powers Liberty and due

process
Rubi and various other Manguianes (Mangyans) in the province of Mindoro
were ordered by the provincial governor of Mindoro to remove their
residence from their native habitat and to established themselves on a
reservation in Tigbao, still in the province of Mindoro, and to remain there,
or be punished by imprisonment if they escaped. Manguianes had been
ordered to live in a reservation made to that end and for purposes of
cultivation under certain plans. The Manguianes are a Non-Christian tribe
who were considered to be of very low culture.
One of the Manguianes, a certain Dabalos, escaped from the reservation
but was later caught and was placed in prison at Calapan, solely because
he escaped from the reservation. An application for habeas corpus was
made on behalf by Rubi and other Manguianes of the province, alleging
that by virtue of the resolution of the provincial board of Mindoro creating
the reservation, they had been illegally deprived of their liberty. In this
case, the validity of Section 2145 of the Administrative Code, which
provides:
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.
was challenged.
ISSUE: Whether or not Section 2145 of the Administrative Code
constitutes undue delegation. Whether or not the Manguianes are being
deprived of their liberty.
HELD:
I. No. By a vote of five to four, the Supreme Court sustained the
constitutionality of this section of the Administrative Code. Under the
doctrine of necessity, who else was in a better position to determine
whether or not to execute the law but the provincial governor. It is
optional for the provincial governor to execute the law as circumstances
may arise. It is necessary to give discretion to the provincial governor. The

Legislature may make decisions of executive departments of subordinate

official thereof, to whom it has committed the execution of certain acts,
final on questions of fact.
II. No. Among other things, the term non-Christian should not be given a
literal meaning or a religious signification, but that it was intended to
relate to degrees of civilization. The term non-Christian it was said,
refers not to religious belief, but in a way to geographical area, and more
directly to natives of the Philippine Islands of a low grade of civilization. In
this case, the Manguianes were being reconcentrated in the reservation to
promote peace and to arrest their seminomadic lifestyle. This will
ultimately settle them down where they can adapt to the changing times.
The Supreme Court held that the resolution of the provincial board of
Mindoro was neither discriminatory nor class legislation, and stated
among other things: . . . one cannot hold that the liberty of the citizen is
unduly interfered with when the degree of civilization of the Manguianes is
considered. They are restrained for their own good and the general good
of the Philippines. Nor can one say that due process of law has not been
followed. To go back to our definition of due process of law and equal
protection of the laws, there exists a law; the law seems to be reasonable;
it is enforced according to the regular methods of procedure prescribed;
and it applies alike to all of a class.