RUBI VS.

PROVINCIAL BOARD OF MINDORO

Facts:
This is an application for habeas corpus in favor of Rubi and other Manguianes of the
Province of Mindoro.
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.
Issue: Whether or not the petitioners rights were violated
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.
None of the rights of the citizen can be taken away except by due process of law. To
constitute "due process of law," as has been often held, a judicial proceeding is not
always necessary. In some instances, even a hearing and notice are not requisite a rule
which is especially true where much must be left to the discretion of the administrative
officers in applying a law to particular cases.