Case Title: Topic:

Rubi v. Provincial Board of Mindoro Due Process

Date: March 7, 1919

Ponente: Malcolm
Nature of the Case: Review on Certiorari of respondent Judge
Petitioner: Rubi et al.
Respondent: Provincial Board of Mindoro
Doctrine:
"Due process of law" is defined and analyzed in the opinion. The pledge that no person shall be denied the equal protection of the laws is not infringed by a
statute which is applicable to all of a class.
Due process of law and the equal protection of the laws are not violated by section 2145 of the Administrative Code of 1917 since there exists a law; the law
seems to be reasonable; it is enforced according to regular methods of procedure; and it applies to all of a class.

Relevant Provisions:
Section 2145 of the Administrative Code of 1917 reads as follows: "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." Beginning with Act
No. 387, sections 68-71, having reference to the Province of Nueva Vizcaya, Acts Nos. 411, 422, 445, 500, 547, 548, 549, 550, 579, 753, 855, 1113, 1145, 1268,
1306 were enacted for the province of Abra, Antique, Bataan, Ilocos Norte, Ilocos Sur, Isabela, Lepanto-Bontoc, Mindoro, Misamis, Nueva Vizcaya, Pangasinan,
Paragua (Palawan), Tarlac, Tayabas, and Zambales. Act No. 547 referred especially to the Manguianes

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 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 sixty days
Facts:
Use of the term non-Christians (Religious Discrimination)
 Was previously referred to as “uncivilized tribes”
 The sanctioned term includes non-Christian tribes, non-Christian people, non-Christian inhabitants, and non-Christian Filipinos
 Literal meaning has religious significance but this meaning has been denied by the government since it violates the separation of church.
 Also said to have a geographical significance, recognizing the part of the Philippines inhabited by Moros and other non-Christian tribes.
 It was actually intended to relate to a degree of civilization; the true meaning revolves around the lack of civilization of the inhabitants
 The Mangyans were referred to as non-Christians because they were said not to have progressed sufficiently in civilization to make it practicable to bring
them under any form of municipal government.
 The Court held that the term non-Christian refers to natives of the Philippines of a low grade of civilization and that Section 2145 does not discriminate
between individuals on account of religion.

Comparison to American Indians

 Methods followed by the Philippine government in its dealings with non-Christian people is said to be practically identical with that followed by the US
government in its dealings with the Indian tribes.
 Indians have been treated as “in a state of pupilage”, under the guardianship of the US government whose objective is to civilize and convert the former
from hunters into agriculturists.
 In the case of US vs. Crook, it was determined that an Indian as a person, has the right to sue out a writ of habeas corpus in a federal court. This decision can
be used as authority to determine that Rubi is a person within the meaning of the Habeas Corpus Act and is entitled to sue out a writ in the Philippine
courts.
 A lesson that can be drawn from the Indian policy in the US is that the determination of policies lies on the legislative and executive departments and, when
so decided upon, the courts should not interfere to upset a carefully planned governmental system.

- A reservation for non-Christians was established by the provincial board (Governor is Hon. Juan Morente, jr.), through Resolution No. 25 in Tigbao on
Lake Naujan, Mindoro pursuant to Section to Sections 2145 and 2759 of the 1917 Administrative Code.
- This resolution is issued under the authority of the provincial governor to direct non-Christian inhabitants to take up their habitation on sites in
unoccupied public lands selected by the governor and approved by the provincial board.
- Gov. Morente issued E.O. 2 whereby all Mangyans are directed to take up their habitation on the site. Any Mangyan who refuses to comply shall,
upon conviction, be imprisoned for a period not exceeding 60 days
- Rubi, along with the other Mangyans living in his Rancheria did not voluntarily fix their dwellings within the reservation of Tigbao, and are said to be
held on the reservation against their will.
- It is alleged that the contested statutes, by distinguishing non-Christian people, attempts to discriminate between individuals because of their
religious beliefs and is, consequently, unconstitutional.
Issue 1: Ratio:
WON they were deprived of due process of law. - NO Due Process of Law and Equal Protection of the Laws
 Liberty may be regulated by law. The liberty of an individual may be
restrained for the good of the individual and for the greater good of the
peace and order of society (e.g., in the interest of public health, public order
and safety, within the proper scope of police power).
 The Mangyans understand liberty as the right to do anything they please—
going from one place to another in the mountains, burning and destroying
forests and making illegal kaingins thereon.
 The statute is a necessary measure for the protection of the Manguianes,
protection of public forests in which they roam, and to introduce civilized
customs among them.
 There is no violation of due process and equal protection because the law,
seemingly reasonable, is: o enforced according to the regular methods of
procedure prescribed o applied alike to all persons in a class
.
Issue 2: (Additional Info) Ratio:
In so far as the Manguianes themselves are concerned, the purposes of the
Government are to gather together the children for educational purposes,
and to improve the health and morals—is in fine, to begin the process of
civilization
In so far as the relation of the Manguianes to the State is concerned, the
purposes of the Legislature in enacting the law, and of the executive branch
in enforcing it, are to protect the settlers in Mindoro and to develop the
resources of that great Island
—The words "non-Christian" have 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.

The tests for the determination of the fact that an individual or tribe is, or is
not of the "low grade of civilization" denoted by the words "non-Christian"
are, and throughout the period of American occupation always have been,
"the mode of life, the degree of advancement in civilization, and connection
or lack of connection with some civilized community."

Dispositive Portion: