WESTERN MINDANAO STATE UNIVERSITY

College of Law

RUBI, et.al. (MANGUINES) VS THE PROVINCIAL BOARD OF MINDORO

G.R. No. L-14078 March 7, 1919
Subject: Constitutional Law II (Topic: Law of Overruling Necessity)
Justice Malcolm:
FACTS:
It is alleged that the Maguianes are being illegally deprived of their liberty by the provincial officials of
that province. Rubi and his companions are said to be held on the reservation established at Tigbao,
Mindoro, against their will, and one Dabalos is said to be held under the custody of the provincial sheriff
in the prison at Calapan for having run away form the reservation. Rubi, a Mangyan, through a petition
for habeas corpus questioned the order as he alleged that by being forced to remain in the reservation,
they are being deprived of their liberty and such deprivation was without due process of law.
The governor justified his order as he said it was in accordance with Section 2145 and 2759 of the
Administrative Code which provide:
Sec. 2145. Establishment of non-Christian 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.
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.
ISSUES:
WON the Sections 2145 and 2759 of the administrative code are in void for religious discrimination,
deprivation of liberty and violation of the due process if law.
RULLING:
No in all these aspects because the term “Non-Christian” was not pertaining to religion, but the
geographical area and level of civilization and the Mangyans are restrained for their own good and the
general good of the Philippines. (This case took place after the Americans took over from Spain)
The court ruled that the confinement of the Mangyans were for their own good and the good of their
country. The idea to unify the people of the Philippines so that they may approach the highest conception
of nationality. If all are to be equal before the law, all must be approximately equal in intelligence.
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. Petitioners are not unlawfully imprisoned or restrained of their liberty. Habeas
corpus can, therefore, not issue.

GEDUQUIO, MARY CLAIRE I. JD-IA, WMSU COL (AY 2022-2023)