Rubi vs Provincial Board of Mindoro

The provincial governor of Mindoro issued executive order No. 2, which says that the provincial
governor hasselected a site in the sitio of Tigbao on Naujan Lake for the permanent settlement of
Mangyanes in Mindoro.This is in pursuant to Section 2145 of the Revised Administrative Code , which
provides:

= With the prior approval of the Department Head, the provincial governor of any province in
whichnon-Christian inhabitants are found is authorized , when such a course is DEEMED NECESSARY
inthe interest of law and order, to direct such inhabitants to take up their habitation on sites
onunoccupied public lands to be selected by him and approved by the provincial board. Under Executive
Order No.2 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 takeup
their habitation on the site of Tigbao, Naujan Lake. Also, that any Mangyan who shall refuse to comply
withthis order shall upon conviction be imprisoned not exceed in sixty days, in accordance with section
2759 of therevised Administrative Code.

Rubi and various other Manguianes (Mangyans) in the province of Mindoro were ordered by the
provincialgovernor of Mindoro to remove their residence from their native habitat and to establish
themselves on areservation 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 “verylow culture”.

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.

Also one of the Manguianes, a certain Dabalos, escaped from the reservation but was later caught and
wasplaced in prison at Calapan, solely because he escaped from the reservation. An application for
habeas corpuswas made on his behalf by Rubi and other Manguianes of the province, alleging that by
virtue of the resolutionof the provincial board of Mindoro creating the reservation, they had been
illegally deprived of their liberty. Rubiand his companions are said to be held on the reservation
established at Tigbao, Mindoro, against their will .Inthis case, the validity of Section 2145 of the
Administrative Cod e, was challenged.

ISSUE: Whether or not Section 2145 of the Administrative Code constitutes undue delegation of
legislativepower, rendering it unconstitutional.

Whether or not the Manguianes are being deprived of their liberty without due process of law

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 todetermine whether or not to execute the law but the provincial governor.
It is optional for theprovincial governor to execute the law as circumstances may arise. It is
necessary to give discretionto 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 onquestions of fact.

In enacting the said provision of the Administrative Code, the Legislature merely conferred upon the
provincial governor, with the approval of the provincial board and the Department Head,
discretionary authority as to the execution of the law . This is necessary since the provincialgovernor
and the provincial board, as the official representatives of the province, are better qualified to judge
“when such as course is deemed necessary in the interest of law and order”. Asofficials charged with
the administration of the province and the protection of its inhabitants, they are better fitted to
select sites which have the conditions most favorable for improving the people who have
themisfortune of being in a backward state.

II. No. The Court held that section 2145 of the Administrative Code does not deprive a person
of hisliberty without due process of law and does not deny to him the equal protection of
the laws, andthat confinement in reservations in accordance with said section does not
constitute slavery andinvoluntary servitude. The Court is further of the opinion that section
2145 of the AdministrativeCode is a legitimate exertion of the police power, somewhat
analogous to the Indian policy of theUnited States.

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 toreligious belief, but in a way to geographical area, and more directly to natives
of the Philippine Islands of a lowgrade of civilization. In this case, the Manguianes were being
reconcentrated in the reservation to promotepeace and to arrest their seminomadic lifestyle. This
will ultimately settle them down where they can adapt tothe 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 undulyinterfered 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 beenfollowed. 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 itapplies alike to all of a
class.”

None of the rights of the citizen can be taken away except by due process of law. To constitute "due
process of law," as has been often held, a judicial proceeding is not always necessary. In some
instances, even a hearingand notice are not requisite a rule which is especially true where much
must be left to the discretion of theadministrative officers in applying a law to particular cases.

The public policy of the Government of the Philippine Islands is shaped with a view to benefit the
Filipinopeople as a whole. The Manguianes, in order to fulfill this governmental policy, must be
confined for a time, aswe have said, for their own good and the good of the country.

The doctrine of necessity is the basis on which extra-legal actions by state actors, which are
designed torestore order, are found to be constitutional.