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    Rubi vs. Provincial Board of Mindoro

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    mwaike
    The provincial board of Mindoro adopted a resolution designating 800 hectares of public land as a permanent settlement for Mangyans in Mindoro. The provincial governor then issued an executive order requiring all Mangyans in certain areas to relocate to the designated settlement. Rubi challenged this order. The Court upheld the order and resolution, finding that confining indigenous groups to reservations is a legitimate exercise of police power and does not violate constitutional rights, as it aims to protect the Mangyans and introduce civilized customs among them.

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    Rubi vs. Provincial Board of Mindoro

    Uploaded by

    mwaike
    203 views1 page
    The provincial board of Mindoro adopted a resolution designating 800 hectares of public land as a permanent settlement for Mangyans in Mindoro. The provincial governor then issued an executive order requiring all Mangyans in certain areas to relocate to the designated settlement. Rubi challenged this order. The Court upheld the order and resolution, finding that confining indigenous groups to reservations is a legitimate exercise of police power and does not violate constitutional rights, as it aims to protect the Mangyans and introduce civilized customs among them.

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    Bill of Rights Case Digests

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    The provincial board of Mindoro adopted a resolution designating 800 hectares of public land as a permanent settlement for Mangyans in Mindoro. The provincial governor then issued an executive order requiring all Mangyans in certain areas to relocate to the designated settlement. Rubi challenged this order. The Court upheld the order and resolution, finding that confining indigenous groups to reservations is a legitimate exercise of police power and does not violate constitutional rights, as it aims to protect the Mangyans and introduce civilized customs among them.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    203 views1 page

    Rubi vs. Provincial Board of Mindoro

    Uploaded by

    mwaike
    The provincial board of Mindoro adopted a resolution designating 800 hectares of public land as a permanent settlement for Mangyans in Mindoro. The provincial governor then issued an executive order requiring all Mangyans in certain areas to relocate to the designated settlement. Rubi challenged this order. The Court upheld the order and resolution, finding that confining indigenous groups to reservations is a legitimate exercise of police power and does not violate constitutional rights, as it aims to protect the Mangyans and introduce civilized customs among them.

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    © All Rights Reserved
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    of 1

    RUBI V.

    PROVINCIAL BOARD OF MINDORO


    FACTS:
    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.
    Said resolution of the provincial board of Mindoro were claimed as necessary
    measures 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.
    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.

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