__________________

I . I NTRODUCTI ON
-Habeas Corpus in favor of Rubi
-Petitioners: alleged that respondents are depriving them of
liberty, and that Rubi et al are held on the reservation, in Tigbao,
against their will.
-Rubi et al are part of the Mangyanes
-SolGen: 1.) Respondents adopted resolution No.25
2.) This resolution was approved by he Secretary of
Interior on Feb. 21, 1917
3.) On Dec 4, 1917, Provincial Governor of Mindoro
Issued Executive Order No.2
4.) The Resolution and Executive orders aforementioned
were necessary in the protection of the Mangyanes and
the forests in which they roam.
5.) Rubi et al have not fixed their dwellings within
Tigbao and are liable to be punished under 2759 Act
No. 2711
6.) Undersigned has no infor that Dabalos is detained
by the sheriff, but if he is it must be in accordance with
3795 and 2415 of Act No. 2711

I I . HI STORY
A. Before Acqui si ti on of the Phi l i ppi nes by the US
Law I Indios shall be reduced to communities (poblaciones)
so that they may be instructed in the Sacred Catholic Faith
Law VI I I where the pueblos and congregations
(reducciones) are should have waters, lands, mountains, ingress
and egress, husbandry and passageway where the indios can
have their livestock and not be mixed with the Spaniards.
Law I X Indios are allowed to retain lands previously held by
them so that they may cultivate and profit therefrom.
Law XI I I Reducciones shall not be removed without order
from the King, Viceroy or Court.
Law XV There should be Mayors and Aldermen (next in status
to mayor) in the reducciones who shall be Indios.
Law XXI In the Town of Indios there shall be no Spaniards,
Negroes, Mestizos and Mulattoes. ! because those who deal
with Indios are of troublesome nature.
Decree 1.) Indios of Luzon shall be governed by common law,
with exceptions in decree
2.) rules for various races shall be published in their
!"#$%&'($) +$,-.
-theie weie seveial faileu attempts foi the
auvancement of non-Chiistian people
of Ninuoio
-unless some othei measuie is taken, no
successful iesult will be obtaineu
towaiu euucating these people.
-piovincial goveinoi of any piovince with
non-Chiistian constituents is authoiize
to uiiect such inhabitants to take up
theii habitation on sites on
unoccupieu public lanus selecteu by
the uoveinoi anu appioveu by the
piovincial boaiu.
-the uoveinoi is of the opinion that
Tigbao woulu be the most convenient
place foi the Nangyans
-8uu hectaies of public lanu in sitio of
Tigbao was selecteu as the site foi the
Nangyanes peimanent settlement.

/0"1&'(2" 345"4 +$, -
-Piovincial Boaiu of Ninuoio has selecteu
Tigbao foi the peimanent settlement of
the Nangyanes
-This iesolution has been appioveu
-uoveinoi uiiects Nangyanes to take up
habitation in Tigbao not latei than Bec
S1, 1917
-6u>uays impiisonment foi Nangyans
who iefuse

-6.7 $8 91' +$, -6::
Refusal of a non-Chiistian to take up
appointeu habitation. - Any non-Chiistian
who shall iefuse to comply with the
uiiections lawfully given by a piovincial
goveinoi, puisuant to section two
thousanu one hunuieu anu foity-five of
this Coue, to take up habitation upon a site
uesignateu by saiu goveinoi shall upon
conviction be impiisoneu foi a peiiou not
exceeuing sixty uays.
-;:. $8 91' +$, -6::
Establishment of non-Chiistians upon sites
selecteu by piovincial goveinoi. - With the
piioi appioval of the Bepaitment Beau,
the piovincial goveinoi of any piovince in
which non-Chiistian inhabitants aie founu
is authoiizeu, when such a couise is
ueemeu necessaiy in the inteiest of law
anu oiuei, to uiiect such inhabitants to
take up theii habitation on sites on
unoccupieu public lanus to be selecteu by
him anu appioveu by the piovincial boaiu.



!&<( "' =% 2 >4$2()1(=% ?$=45 $8 @()5$4$
u.R. No. L-14u78, Naich 7, 1919, Nalcolm, !.
0y, Piincess Tiisha }oy Z. Law 11S - LegBis AS
respective dialects. 3 classes of races: (1) nomads, (2)
subdued pagans, (3) rebellious pagans.
3.) Provincial heads are given authority to adopt policies
for appointment of local authorities, construction of
courts and schools, and fixing communication
systems.
4.) Inhabitants of fertile lands shall not be subdued to
leave their dwelling.
5.) There shall be an armed force composed of native
Christians.
6.) Authorities shall see to it that the inhabitants fully
understand their rights and duties.
7.) Limits of the territory of the rebellious Indios shall be
fixed.
8.) Those who assist pagans conversion into Christianity
shall be exempt from 8 years of personal labor.
9.) unsubdued races, in return for their voluntary
submission, are offered: to live in towns; lands; 1 year
support; clothes; respect for habits and customs;
choice of Christianity; purchase/sale of harvests;
exemption from quintas (a kind of tax) for ten years.
10.) those who voluntarily submit have an obligation of
constituting their own towns.
11.) Armed force shall proceed to the prosecution and
punishment of rebellious tribes.
12.) Authorities shall give the most effective aid and
cooperation to the armed forces.
13.) preceding provisions are applicable in the southern
part of the Archipelago.
14.) There shall be a commission which shall decide the
applications of the regulations
15.) secondary provisions shall be promulgated
.
B. After Acqui si ti on of the Phi l i ppi nes by the US
1.) Organic Law recognize a dividing line between the territory
not inhabited by Moros or other non-Christian tribes, and the
territory inhabited by those tribes.
Jones Law- transferred the exclusive legislative jurisdiction and
authority exercised by the Phil Commission to the Phil
Legislature.
2.) Statute Law Philippines has a lot of laws providing for the
government of the primitive peoples. Act No. 547 is for the
Mangyanes.
91', +$ .;6
AN ACT PR0vIBINu F0R TBE
ESTABLISBNENT 0F L0CAL CIvIL
u0vERNNENTS F0R TBE NANu0IANES IN
TBE PR0vINCE 0F NINB0R0.
"# %&'()*+'# ), '(- ./+'-0 1'%'-23 4- +' -/%5'-0
4# '(- 6(+7+88+/- 9)::+22+)/3 '(%':
SECTI0N 1. Wheieas the Nanguianes of the
Piovinces of Ninuoio have not piogiesseu
sufficiently in civilization to make it piacticable
to biing them unuei any foim of municipal
goveinment, the piovincial goveinoi is
authoiizeu, subject to the appioval of the
Secietaiy of the Inteiioi, in uealing with these
Nanguianes to appoint officeis fiom among
them, to fix theii uesignations anu bauges of
office, anu to piesciibe theii poweis anu uuties:
Pioviueu, That the poweis anu uuties thus
piesciibeu shall not be in excess of those
confeiieu upon township officeis by Act
Numbeieu Thiee hunuieu anu eighty-seven
entitleu "An Act pioviuing foi the
establishment of local civil uoveinments in the
townships anu settlements of Nueva vizcaya.
SEC. 2. Subject to the appioval of the Secietaiy
of the Inteiioi, the piovincial goveinoi is
fuithei authoiizeu, when he ueems such a
couise necessaiy in the inteiest of law anu
oiuei, to uiiect such Nanguianes to take up
theii habitation on sites on unoccupieu public
lanus to be selecteu by him anu appioveu by
the piovincial boaiu. Nanguianes who iefuse to
comply with such uiiections shall upon
conviction be impiisonment foi a peiiou not
exceeuing sixty uays.
SEC. S. The constant aim of the goveinoi shall
be to aiu the Nanguianes of his piovince to
acquiie the knowleuge anu expeiience
necessaiy foi successful local populai
goveinment, anu his supeivision anu contiol
ovei them shall be exeiciseu to this enu, an to
the enu that law anu oiuei anu inuiviuual
fieeuom shall be maintaineu.
SEC. 4. When in the opinion of the piovincial
boaiu of Ninuoio any settlement of
Nanguianes has auvanceu sufficiently to make
such a couise piacticable, it may be oiganizeu
unuei the piovisions of sections one to sixty-
seven, inclusive, of Act Numbeieu thiee
hunuieu anu eighty-seven, as a township, anu
the geogiaphical limits of such township shall
be fixeu by the piovincial boaiu.
SEC. S. The public goou iequiiing the speeuy
enactment of this bill, the passage of the same
is heieby expeuiteu in accoiuance with section
two of 'An Act piesciibing the oiuei of
pioceuuie by the Commission in the enactment
of laws,' passeu Septembei twenty-sixth,
nineteen hunuieu.
SEC. 6. This Act shall take effect on its passage.
Enacteu, Becembei 4, 19u2.
C. Termi nol ogy
Unci vi l i zed tri bes = non-Christian tribes " that is the accepted
term.
Tri bes replaced with people, inhabitants, Filipinos
Non-Chri sti an includes Mohammedans and pagans.

D. Meani ng of term Non-Chri sti an
Rel i gi ous: Christians are those who profess the Christian
religion, and non-Christians are those who dont.
Geographi cal : those who belong to territory not now
represented in the Philippine Assembly. Provinces to which the
Phil Legislature has never seen fit to give all the powers of self-
government.
**purpose of the law is predicated on civilization, or lack of, of
the inhabitants, so term non-Christian is intended to relate
the degree of civilization.

E. The Mangui anes
-low in culture
-considerable Negrito blood
-peaceful, timid, primitive, semi-nomadic
-no desire for community life
-not progressed sufficiently to make it practicable to bring them
under any form of municipal government.

I I I . COMPARATI VE THE AMERI CAN
I NDI ANS
-US v Crook is the only case remotely at point. If it is followed,
Rubi et al may be granted a writ of Habeas Corpus.
-The facts of US v Crook and the case at bar are not identical,
but there are similarities; (Indians = non-Christians)
-Rules governing them shall be determined by the executive
and legislative branches of the government.

I V. CONSTI TUTI ONAL QUESTI ONS
A. Del egati on of Legi sl ati ve Power
-Legislature could not delegate power to provincial authorities.
-Exception is sanctioned by immemorial practice, which permits
the central legislative body to delegate legislative powers to
local authorities.
-Officials of a province are the ones deemed best to judge
what laws and regulations his/her constituents should be subject
AB 2 C4$$D
Facts:
-Ponca leaueis signeu a uocument foi the
iemoval of Inuian tiibes, but uue to a
mistianslation they thought that the tiibe
woulu move to 0maha insteau of Inuian
Teiiitoiy.
-The petitioneis aie foimei embeis of the
Ponca tiibe who have withuiawn fiom the
gioup anu sustaineu themselves without
aiu fiom the geneial goveinment.
-They weie iestiaineu of libeity by ueoige
Ciook 's oiuei.
-Ciook ieceiveu oiueis to aiiest anu
ietuin the ielatois to theii tiibe in the
Inuian Teiiitoiy
Issues:
W0N an Inuian can test the valiuity of an
illegal impiisonment by habeas coipus
Belu:
The ieasoning auvanceu in suppoit of my
views, leaus me to concluue:
1. that an Inuian is a 'peison' within the
meaning of the laws of the 0niteu States,
anu has, theiefoie, the iight to sue out a
wiit of (%4-%2 5)*8&2 in a feueial couit,
oi befoie a feueial juuge, in all cases
wheie he may be confineu oi in custouy
unuei coloi of authoiity of the 0niteu
States oi wheie he is iestiaineu of
libeity in violation of the constitution oi
laws of the 0niteu States.
2. That ueneial ueoige Ciook, the
iesponuent, being commanuei of the
militaiy uepaitment of the Platte, has
the custouy of the ielatois, unuei coloi
of authoiity of the 0niteu States, anu in
violation of the laws theiefoie.
S. That n iightful authoiity exists foi
iemoving by foice any of the ielatois to
the Inuian Teiiitoiy, as the iesponuent
has been uiiecteu to uo.
4. that the Inuians possess the inheient
iight of expatiiation, as well as the moie
foitunate white iace, anu have the
inalienable iight to "life, libeity, anu the
puisuit of happiness," so long as they
obey the laws anu uo not tiespass on
foibiuuen giounu. Anu,
S. Being iestiaineu of libeity unuei coloi
of authoiity of the 0niteu States, anu in
violation of the laws theieof, the ielatois
must be uischaigeu fiom custouy, anu it
is so oiueieu.
to.
B. Rel i gi ous Di scri mi nati on
-Lawyer for petitioner claims: the law constitutes an attempt by the
legislature to discriminate between individuals in terms of religion,
and is therefore unconstitutional.
-HELD: Term non-Christian refers to native of the Phil Islands of
a low grade of civilization.

C. Li berty; Due Process of Law; Equal Protecti on of the
Laws
Ci vi l Li berty measure of freedom which may be enjoyed n a
civilized community, consistently with the peaceful enjoyment of
like freedom in others.
Dani el Webster: Due Process of Law = every citizen shall
hold his life, liberty, property, and immunities under the protection
of the general rules which govern society.

D. Sl avery and I nvol untary Servi tude
-One of the contentions of the petitioners is the Thirteenth
Amendment to the US Constitution which is also found in some
portions of the Philippine Organic Law.

E. The Pol i ce Power
-does the government restrain liberty through exercise of police
power?
-Phil Government has right to exercise police power for general
welfare and promotion of public interest.

F. Legi sl ati ve I ntent
-Secretary of Interior: The advancement of the non-Christian
elements of our population to equality and unification with the
highly civilized Christian inhabitants.
-objective of governmental policy is to establish friendly relations
with the so-called non-Christians, and to promote their
educational, agricultural, industrial, and economic development
and advancement in civilization.

G. Appl i cati on and Concl usi on
WON Citizens can be kept away from certain localities
-YES, there are some laws provided for the apprehension of
marauding Indians
WON above-statement leaves the Mangyanes confined in a prison
at the mercy of unscrupulous officials.
:E
'F
9G")5G")' '$ AB C$)#'(
That slaveiy shall not exist in saiu Islanus;
noi shall involuntaiy seivituue exist
except as a punishment foi ciime wheieof
the paity shall have been uuly convicteu.
-officials have no motive to oppress these people, if the
Mangyanes, however, are mistreated they could course actions
through higher ranking officers.
-the petitioners are only challenging the law in general, but there is
no actual case.
-The Mangyanes are restrained for their own good and the good
of the Philippines
-Due process of the law has been followed
-If all are to be equal before the law, all must be approximately
equal in intelligence

































ACTUAL DI GEST

Facts
-Through Resolution No. 25, the provincial board of Mindoro
has selected Tigbao as the place of permanent settlement of
the Mangyanes.
-The Mangyanes are therefore directed to take up their
habitation in Tigbao
-The Mangyanes Allege that they are being deprived of their
liberty by the provincial board, in the reservation in Tigbao.

I ssue
WON Section 2145 of the Administrative code is
unconstitutional for depriving people of their liberty. NO

Hel d
Section 2145 does not:
-deprive a person of liberty without due process of the law
-deny equal protection

Being appointed a settlement in which to live also does not
constitute slavery/involuntary servitude.

Habeas Corpus cannot be granted because the petitioners were
not imprisoned as they were claiming to be.

C=4#$)H I,H C$)1&44()J
-Non-Chiistians = low giaue of
civilization
-Case at bai uoes not iaise any ieal
questions as to the juiisuiction of
these Islanus in habeas coipus
pioceeuings.

I$F)#$)H I,H K(##")'()J
-Petitioneis weie uepiiveu of
libeity without heaiing, which all
Filipinos aie entitleu to.

@$(4H I,H K(##")'()J
LM('F 94=&%%$H =)5 B'4""'H II,HN
-Petitioneis weie uenieu libeity
anu equal piotection of the laws.
-214S anu 27S9 shoulu be ueclaieu
unconstitutional.