Rubi, et al. (Manguianes) vs.

The Provincial
31 Board of Mindoro
G.R. No. L-14078 March 7, 1919 J. Malcolm
Plaintiffs: Defendant:
Rubi, et al. (Manguianes) The Provincial Board of Mindoro
Recit Ready Summary

Plaintiffs filed a case against the Provincial Board of Mindoro on the ground that he along with other
Manguianes were told to obey Resolution No. 25 executed by the Provincial Governor. This resolution is
pursuant to Sec 2145 of the Administrative Code, which directs non-Christians to take up their habitation
on sites on unoccupied public lands to be selected by the provincial governor and his board with the
approval of the Department of the Interior.

Plaintiffs also alleged that a certain Dabalos is being held under the custody of the provincial sheriff in the
prison at Calapan for having left the reservation assigned to them.

Facts

1. The provincial governor of Mindoro executed a resolution to direct such Manguianes of Mindoro to
live in Tigbao on Naujan Lake.
2. This resolution was executed on the ground that such ethnic group failed to develop as a community
despite the efforts of the province.
3. The province also alleged that they have failed to educate the people and there was no other way to
advance the knowledge of the community but to have them separated from the vast majority.

Point/s of Contention

Plaintiffs argue that their tribe having been defined as part of non-Christians and having them to live away
from their natural habitat is a violation of their basic right on equal protection of laws.

The Province then argued that such transfer took part on the basis for the advancement of the entire
community including the Manguianes. They have also argued that they have exerted all their best efforts
prior to the execution of such resolution. Also, such resolution is within purview of Sec 2145 and 2759 of
the Administrative Code of 1917.

SEC. 2145. 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.

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 Ruling
1. WON SEC 2145 of the Administrative Code of 1917 and SEC 2759 of the same 1. YES
code are constitutional and within the limits of delegation of powers by the
Legislative to the Executive?
Rationale
The question that would arise in the case at hand is to determine the remedy of an oppressed
Manguian. The proper remedy is to remove the official from office. However, there was no finding of
the court that there was an ill-treatment towards the ethnic group, and if such is the case, then the

1
 Judiciary has no jurisdiction over the case because it would seem that the Judiciary would hamper
the progress of the nation through the efforts of the government.

The sections in question are examples of the exercise of police power. There was no finding that in
the exercise of such power, there was grave abuse.

The restriction of the Manguianes is for their own good and the general welfare of the people. They
can also neither argue that there was no equal protection nor due process of law because the law
seems to be reasonable and enforced within the regular methods of procedure prescribed and
applies to all classes alike.
Disposition

Petition is denied. They are not unlawfully imprisoned or restrained of their liberty contrary to their
arguments.