Rubi v Provincial Board of Mindoro

G.R. No. L-14078            March 7, 1919

MALCOLM, J.

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 was challenged., which
provides:

Establishment of non-Christina upon sites selected by provincial governor. — 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 an approved by the
provincial board.

In connection with the above-quoted provisions, there should be noted section 2759 of the
same Code, which read as follows:

SEC. 2759. Refusal of a non-Christian to take up appointed habitation. — Any non-

Christian who shall refuse to comply with the directions lawfully given by a provincial
governor, pursuant to section two thousand one hundred and forty-five of this Code, to
take up habitation upon a site designated by said governor shall upon conviction be
imprisonment for a period not exceeding sixty days.

ISSUE: Whether or not the Manguianes are being deprived of their liberty.

HELD:
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.”

We are of the opinion that action pursuant to section 2145 of the Administrative Code does
not deprive a person of his liberty without due process of law 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. We are further of the opinion
that section 2145 of the Administrative Code is a legitimate exertion of the police power,
somewhat analogous to the Indian policy of the United States. Section 2145 of the
Administrative Code of 1917 is constitutional.