G.R. No.

L14078 March 7, 1919

RUBI, ET AL. (manguianes), plaintiffs, vs. TH E PROVINCIAL BOARD OF MINDORO, defendant
FACTS:
This is an application for habeas corpus in favor of Rubi and other Manguianes
of the Province of Mindoro. It is alleged that the Maguianes are being illegally
deprived of their liberty by the provincial officials of that province. Rubi and his
companions are said to be held on the reservation established at Tigbao, Mindoro,
against their will, and one Dabalos is said to be held under the custody of the
provincial sheriff in the prison at Calapan for having run away form the reservation.
The alleged deprivation of liberty of the Manguianes stems from a Resolution
issued by the Provincial Board obliging these "Non-Christians", under pain of
imprisonment, to make permanent settlement on a reservation site selected by the
provincial governor and approved by the provincial board. The measure was said to
be necessary "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." Rubi and his companions have not fixed their dwelling within the
reservation site in Tigbao, Mindoro and are subject to be punished. The action of the
provincial board was taken in accordance with Section 2145 of the Administrative
Code of 1917. Rubi and his fellow Mangyans, however, challenge the constitutionality
of the said provision of the Administrative Code.

ISSUE: Whether or not Section 2145 of the Administrative Code constitutes undue
delegation?
Whether the legislation on non- Christian is within the scope of police power?

RULING: No. Even prior to the Administrative Code, there have been policies in place
to separate the primitive "Non-Christians" from the rest of civilized society in order
to insulate them from the destructive influences and abuses of the their more
"civilized" counterparts and to promote the advancement of the Non-Christians. The
term "Non-Christian" should not be understood in a religious or geographical
conception- but to the degree of civilization. The term"non-Christian" refers to
natives of the Philippine Islands of a low grade of civilization, usually living in tribal
relationship apart from settled communities. The methods followed by the
Government of the Philippines Islands in its dealings with the non-Christian people
follow that of the United States Government in its dealings with the Indian tribes.
(a) The Indians have been treated as "in a state of pupilage." The relation
between the Government and the Indians as that of guardian and ward.
(b) Indians were allowed to maintain their own tribal organization and
government, under the supervision of the state.

A Manguian is a "person" within the meaning of the Habeas Corpus Act, and as
such, entitled to sue out a writ in the Philippine courts. The segregation of the Non-
Christian tribes is a policy matter which is for the legislative and executive branches
of the government to determine and the courts should not interfere.
Section 2145 of the Administrative Code of 1917 is not an unlawful delegation
of legislative power by the Philippine Legislature to provincial official and a
department head. A distinction is made between the delegation of power to make the
law, which necessarily involves a discretion as to what it shall be, and conferring an
authority or discretion as to its execution, to be exercised under and in pursuance of
the law. The first cannot be done; to the later no valid objection can be made.
(a) Legislature merely conferred upon the provincial governor, with the
approval of the provincial board and the Department Head,discretionary authority as
to the execution of the law
(b) As officials charged with the administration of the province and the
protection of its inhabitants, they are better fitted to select sites which have the
conditions most favorable for achieving the purpose of the law. An exception to
the general rule, sanctioned by immemorial practice, permits the central legislative
body to delegate legislative powers to local authorities.

**Religious Discrimination, Freedom and Due Process were also discussed in the
case but let’s not dwell on it, and let’s focus on Consti 1 issues. **

Regarding Police Power

Yes! The legislation on non-Christian people is a valid exercise of police power.
(a) It is directed towards the education and civilization of such people and fitting
them to be citizens.
(b) Non-Chirstians live a nomadic life, wandering from one place to another on the
public lands. The government is within its rights to adopt a measure to concentrate
them in a certain fixed place on the public lands, instead of permitting them to roam
allover the entire territory.
(c) The imposition of a penalty of imprisonment is not unreasonable. As people
accustomed to nomadic habit, unless a penalty is provided, you cannot make them
live together and the noble intention of the Government of organizing them politically
will come to naught.