RUBI V.

PROVINCIAL BOARD OF MINDORO

FACTS:
The provincial board of Mindoro adopted resolution No. 25 which states that
provincial governor of any province in which non-Christian inhabitants (uncivilized tribes)
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. It is resolved that under
section 2077 of the Administrative Code, 800 hectares of public land in the sitio of Tigbao on
Naujan Lake be selected as a site for the permanent settlement of Mangyanes in Mindoro.
Further, Mangyans may only solicit homesteads on this reservation providing that said
homestead applications are previously recommended by the provincial governor.
Thereafter, the provincial governor of Mindoro issued executive order No. 2, which
says that the provincial governor has selected a site in the sitio of Tigbao on Naujan Lake for
the permanent settlement of Mangyanes in Mindoro. In that case, pursuant to Section 2145
of the Revised Administrative Code, 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 take up their habitation on the site of Tigbao,
Naujan Lake. Also, that any Mangyan who shall refuse to comply with this order shall upon
conviction be imprisoned not exceed in sixty days, in accordance with section 2759 of the
revised Administrative Code.
Said resolution of the provincial board of Mindoro were claimed as necessary
measures for the protection of the Mangyanes of Mindoro as well as the protection of public
forests in which they roam, and to introduce civilized customs among them.
HELD:
The Court held that 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. The Court is 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.
The preamble of the resolution of the provincial board of Mindoro which set apart the
Tigbao reservation, it will be read, assigned as reasons fort the action, the following: (1) The
failure of former attempts for the advancement of the non-Christian people of the province;
and (2) the only successfully method for educating the Manguianes was to oblige them to
live in a permanent settlement. The Solicitor-General adds the following; (3) Theprotection of
the Manguianes; (4) the protection of the public forests in which they roam; (5) the necessity
of introducing civilized customs among the Manguianes.
Considered purely as an exercise of the police power, the courts cannot fairly say that
the Legislature has exceeded its rightful authority. It is, indeed, an unusual exercise of that
power. But a great malady requires an equally drastic remedy. One cannot hold that the
liberty of the citizen is unduly interfered without 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.