Rubi v. Provincial Board of Mindoro (Digest)

Rubi (pet.) v. Provincial Board of Mindoro (resp.) [March 7, 1919] Facts: Rubi and his fellow Manguianes filed an application for habeas corpus on the ground that they were being deprived of their liberty by the provincial offi cials of Mindoro. Rubi claimed they were being held against their will at a reservati on in Tigbao, Mindoro while one Dabalos was imprisoned for having run away from the reservati on. The provincial offi cials of Mindoro however, countered that they were authorized under secti on 2145 of the Administrati ve Code of 1917 to implement measures for the advancement of the non-Christian people of Mindoro by obliging them to live in one place in order to educate them. Section 2145 of the Administrative Code of 1917: “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 unnocupppied public lands to be selected by him and approved by the provincial board” Section 2145 of Administrative Code of 1917 did not violate due process of law and equal protection of the laws since there exists a law, the law seems reasonable, it is enforced according to regular methods of procedure, and it applies to all of a class.

Section 2759 of the Administrative Code of 1917: Refusal of a non-christian to take up an appointed habitation “any non-Christian who shall refuse to comply with the directions lawfully given by a provincial governor, pursuant to section 2145 of this code, to take up habitation upon a site designated by said governor shall upon conviction be imprisoned for a period not exceeding 60 days.”

Ruling: Ruling was in favor of the Provincial Board of Mindoro

Reasons: 1. 2. 3. 4. 5.

6.

Liberty is freedom to do right and never wrong. It is guided by reason and the upright and honorable conscience of the individual. (Apolinario Mabini) “non Christian” used to refer to geographical areas and more specifically to the natives of a low grade of civilization Police Power of the state is a power coextensive (commensurate) with self-protection Confinement in reservations in accordance with the law does not constitute peonage As far as the Maguianes themselves are concerned, the purposes of the Government are to gather together the children for educational purposes, and to improve the health and morals will help begin the process of civilization If, indeed, they did ill-treat any person thus confined, there always exists the power of removal in the hands of superior officers, and the courts are always open for a redress of grievances. When, however, only the validity of the law is generally challenged and no particular case of oppression s called to the attention of the courts, it would seem that the Judiciary should not unnecessarily hamper the Government in the accomplishment of its laudable purpose.

Carson, J. (concurring)

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“Non-Christian” has a clear, definite, and well settled signification when used in the Philippine statute book as a descriptive adjective applied to “tribes”, “peoples” or “inhabitants” dwelling in more or less remote districts and provinces throughout the Islands.

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Test to see if someone is “non-catholic” is “the mode of life, the degree of advancement in civilization, and connection or lack of connection with some civilized community”

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Acceptable degree of civilization: tribe is able to advance such that it is feasible and practicable to extend to, and enforce upon its membership the general rules and regulations which control the conduct of the admittedly civilized inhabitants of the Islands; withdrawal of permanent allegiance from “non-Christian” tribe

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Section 2145 of the Administrative Code of 1917 is properly applicable when the basis is the argument that the liberty and freedom of action of children and persons of unsound minds is restrained, without consulting their wishes, but for their own good and the general welfare; it is properly exercised when certain groups or individuals are found to be of such low grade of civilization that their own wishes cannot be permitted to determine their mode of life or place of residence.

Johnson, J. (dissenting) 

The petitioners were deprived of the liberty without a hearing

Moir, J. (dissenting) 

Section 2145 and 2759 were unconstitutional seeing as how it deprived people of a specific class from enjoying their liberty.

Past Legislation cited 1. 2. 3. 4. 5.

Book 6, Title 3 - A compilation of laws implemented during the Spanish forcing the Indios to leave poblaciones (communities) or reducciones in order to instruct them to the Catholic faith and enable them to live in a civilized manner. Decree of the Governor-General of January 14, 1881- Decree ordering the Indios to be governed by the common law and not allowing them, unless with absolute necessity, to change their residence. Letter of Instructions by President McKinley – Uncivilized tribes are allowed to keep their tribal governments, subject to regulation by the Americans. The Philippine Bill of 1902 – The Philippine Commission (which composed ½ of the Philippine Legislature, the other being the Philippine Assembly) was given exclusive jurisdiction over the territory inhabited by the Moros and other non-Christian tribes of the Philippines The Jones Law