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 nonChristian 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.