Rubi, et al. vs. Provincial Board
of Mindoro
G.R. No. L-14078. March 7, 1919
G.R. No. L-14078. March 7, 1919
Facts:
Rubi and various other Manguianes in
the province of Mindoro were ordered by the provincial governor of Mindoro to
remove their residence from their native habitat and to established themselves
on a reservation at Tigbao in the province of Mindoro and to remain there, or
be punished by imprisonment if they escaped. Manguianes had been ordered to
live in a reservation made to that end and for purposes of cultivation under
certain plans. The Manguianes are a Non-Christian tribe with a very low culture.
These reservations, as appears from the resolution of the Provincial Board,
extend over an area of 800 hectares of land, which is approximately 2000 acres,
on which about 300 Manguianes are confined. One of the Manguianes, Dabalos,
escaped from the reservation and was taken in hand by the provincial sheriff
and placed in prison at Calapan, solely because he escaped from the
reservation. An application for habeas corpus was made on behalf of Rubi and
other Manguianes of the province, alleging that by virtue of the resolution of
the provincial board of Mindoro creating the reservation, they had been
illegally deprived of their liberty. In this case the validity of section 2145
of the Administrative Code, reading: “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 and
approved by the provincial board,” was challenged.
Issue:
Whether or not the said law is
not in line with the constitutional provision of freedom of religion.
Held:
No. By a vote of five to four,
the Supreme Court sustained the constitutionality of this section of the
Administrative Code. Among other things, it was held that the term
“non-Christian” should not be given a literal meaning or a religious
signification, but that it was intended to relate to degrees of civilization.
The term “non-Christian” it was said, refers not to religious belief, but in a
way to geographical area, and more directly to natives of the Philippine
Islands of a low grade of civilization. On the other hand, none of the
provisions of the Philippine Organic Law could have had the effect of denying
to the Government of the Philippine Islands, acting through its Legislature,
the right to exercise that most essential, insistent, and illimitable of powers,
the sovereign police power, in the promotion of the general welfare and the
public interest. when to advance the public welfare, the law was found to be a
legitimate exertion of the police power,
And it is unnecessary to add that the prompt registration of titles to
land in the Philippines constitutes an advancement of the public interests,
for, besides promoting peace and good order among landowners in particular and
the people in general, it helps increase the industries of the country, and
makes for the development of the natural resources, with the consequent
progress of the general prosperity. And these ends are pursued in a special
manner by the State through the exercise of its police power. The Supreme Court held that the resolution of
the provincial board of Mindoro was neither discriminatory nor class
legislation, and stated among other things: “. . . one cannot hold that the
liberty of the citizen is unduly interfered with 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. To go back to our definition of due process of
law and equal protection of the laws, there exists a law; the law seems to be
reasonable; it is enforced according to the regular methods of procedure
prescribed; and it applies alike to all of a class.”
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