Rubi vs. Provincial Board

7/24/2019 Rubi vs. Provincial Board

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Republic of the PhilippinesSUPREME COURTManila

EN BANC

G.R. No. L-14078 March 7, 1919

RUBI, ET AL. (a!"#$a!%&',plaintiffs,vs.TE PRO)INCIAL BOAR* O+ MIN*ORO,defendant.

D. R. Williams & Filemon Sotto for plaintiff.Office of the Solicitor-General Paredes for defendant.

MALCOLM, J.

In one of the cases which denote a landmar in American Constitutional !istor"#$orcester vs.%eor&ia '()*+, - Pet., (/, Chief 0ustice Marshall, the first luminar" of American

1urisprudence, be&an his opinion #relatin& to the status of an Indian/ with words which, with a sli&htchan&e in phraseolo&", can be made to introduce the present opinion 2 3his cause, in ever" pointof view in which it can be placed, is of the deepest interest. 3he le&islative power of state, thecontrollin& power of the constitution and laws, the ri&hts if the" have an", the political e4istence of apeople, the personal libert" of a citi5en, are all involved in the sub1ect now to be considered.

3o imitate still further the opinion of the Chief 0ustice, we adopt his outline and proceed first, tointroduce the facts and the issues, ne4t to &ive a histor" of the so called 6non7Christians,6 ne4t tocompare the status of the 6non7Christians6 with that of the American Indians, and, lastl", to resolvethe constitutional 8uestions presented.

I. IN3R9:;C3I9N.

3his is an application for habeas corpusin favor of Rubi and other Man&uianes of the Province ofMindoro. It is alle&ed that the Ma&uianes are bein& ille&all" deprived of their libert" b" the provincialofficials of that province. Rubi and his companions are said to be held on the reservation establishedat 3i&bao, Mindoro, a&ainst their will, and one :abalos is said to be held under the custod" of theprovincial sheriff in the prison at Calapan for havin& run awa" form the reservation.

3he return of the ebruar" (, (?(@, the provincial board of Mindoro adopted resolution No.

+ which is as follows=

3he provincial &overnor, !on. 0uan Morente, 0r., presented the followin& resolution=

6$hereas several attempts and schemes have been made for theadvancement of the non7Christian people of Mindoro, which were all a failure,

6$hereas it has been found out and proved that unless some other measureis taen for the Man&"an wor of this province, no successful result will beobtained toward educatin& these people.

6$hereas it is deemed necessar" to obli&ed them to live in one place in order

to mae a permanent settlement,

6$hereas the provincial &overnor of an" province in which non7Christianinhabitants are found is authori5ed, when such a course is deemednecessar" in the interest of law and order, to direct such inhabitants to taeup their habitation on sites on unoccupied public lands to be selected b" himand approved b" the provincial board.

6$hereas the provincial &overnor is of the opinion that the sitioof 3i&bao onae Nau1an is a place most convenient for the Man&"anes to live on, Now,therefore be it

6Resolved, that under section +@@ of the Administrative Code, ) hectares ofpublic land in the sitio of 3i&bao on Nau1an ae be selected as a site for the


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permanent settlement of Man&"anes in Mindoro sub1ect to the approval of the!onorable ebruar" +(, (?(@.

*. 3hat on :ecember , (?(@, the provincial &overnor of Mindoro issued e4ecutiveorder No. + which sa"s=

6$hereas the provincial board, b" Resolution No. +, current series, hasselected a site in the sitio of 3i&bao on Nau1an ae for the permanentsettlement of Man&"anes in Mindoro.

6$hereas said resolution has been dul" approve b" the !onorable, the


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to tae up habitation upon a site desi&nated b" said &overnor shall upon convictionbe imprisonment for a period not e4ceedin& si4t" da"s.

3he substance of what is now found in said section +( is not new to Philippine law. 3he&enealo&ical tree of this section, if we ma" be permitted to use such terminolo&", would read=


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passa&ewa" of one lea&ue lon&, wherein the indioscan have their live stoc thatthe" ma" not be mi4ed with those of the ebruar" (?, (?-.

3!A3 3!E 6IN:I9


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we desire to reach with re&ard to their salvation, increase, and tran8uillit". $e hereb"order the imposition of &rave penalties upon the commission of the acts above7mentioned which should not be tolerated in the towns, and that the vicero"s,presidents, &overnors, and courts tae &reat care in e4ecutin& the law within theirpowers and avail themselves of the cooperation of the ministers who are trul"honest. As re&ards the mesti$osand Indian and Chinese half7breeds #$ambai"os/,

who are children of indiasand born amon& them, and who are to inherit their housesandhaciendas, the" all not be affected b" this law, it appearin& to be a harsh thin& toseparate them from their parents. #aw of the Indies, vol. +, pp. ++), ++?, +*, +*(./

A clear e4position of the purposes of the


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respective dialects, and the officials, priests, and missionaries of the provinceswherein the" are found are hereb" entrusted in the wor of havin& these races learnthese rules. 3hese rules shall have e4ecutive character, be&innin& with the first da"of ne4t April, and, as to their compliance, the" must be observed in the mannerprescribed below.

*. 3he provincial authorities in con1unction with the priests shall proceed, from nowon, with all the means which their 5eal ma" su&&est to them, to the tain& of thecensus of the inhabitants of the towns or settlement alread" subdued, and shalladopt the necessar" re&ulations for the appointment of local authorities, if there benone as "et for the construction of courts and schools, and for the openin& or fi4in&up of means of communication, endeavorin&, as re&ards the administrativeor&ani5ation of the said towns or settlements, that this be finished before the first da"of ne4t 0ul", so that at the be&innin& of the fiscal "ear the" shall have the same ri&htsand obli&ations which affect the remainin& towns of the archipela&o, with the onl"e4ception that in the first two "ears the" shall not be obli&ed to render personalservices other than those previousl" indicated.

. or the protection and defense of these new towns, there shall be established anarmed force composed precisel" of native Christian, the or&ani5ation and service ofwhich shall be determined in a re&ulations based upon that of the abolished %erciosde Policia#division of the Guardia ivil/.

-. 3he authorities shall see to it that the inhabitants of the new towns understand all

the ri&hts and duties affectin& them and the libert" which the" have as to where andnow the" shall till their lands and sell the products thereof, with the onl" e4ception ofthe tobacco which shall be bou&ht b" the aciendaat the same price and conditionsallowed other producers, and with the prohibition a&ainst these new towns as well asthe others from en&a&in& in commerce of an" other transaction with the rebelliousindios, the violation of which shall be punished with deportation.

@. In order to properl" carr" out this e4press prohibition, the limits of the territor" ofthe rebellious indiosshall be fi4ed and whoever should &o be"ond the said limitsshall be detained and assi&ned &overnmentall" wherever convenient.

). >or the purpose of assistin& in the conversion of the pa&ans into the fraternit" of

the Catholic Church, all b" this fact alon& be e4empt for ei&ht "ears from renderin&personal labor.

?. 3he authorities shall offer in the name of the


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((. 3he armed force shall proceed to the prosecution and punishment of the tribes,that, disre&ardin& the peace, protection, and advanta&es offered them, continue intheir rebellious attitude on the first of ne4t April, committin& from now on the crimesand ve4ations a&ainst the Christian towns and for the this purposes, the Captain%eneralDs 9ffice shall proceed with the or&ani5ation of the divisions of the Arm"which, in con1unction with the rural &uards #cuadrilleros/, shall have to enter the

territor" of such tribes. 9n the e4piration of the term, the" shall destro" their dwellin&7houses, labors, and implements, and confiscate their products and cattle. 3ER ACG;I 3!E P!IIPPINE< BF 3!E ;NI3E:


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senators and representatives for the territor" which, at the time of the passa&e of the 0ones aw,was not represented in the Philippine Assembl", that is, for the twelfth district #sec. (-/. 3he lawestablish a bureau to be nown as the 6Bureau of non7Christian 3ribes6 which shall have &eneralsupervision over the public affairs of the inhabitants which are represented in the e&islature b"appointed senators and representatives# sec. ++/.

Philippine or&anic law ma", therefore, be said to reco&ni5ed a dividin& line between the territor" notinhabited b" Moros or other non7Christian tribes, and the territor" which Moros or other non7Christiantribes, and the territor" which is inhabited b" Moros or other non7Christian tribes.

+. Statute la*.

ocal &overnments in the Philippines have been provided for b" various acts of the PhilippineCommission and e&islature. 3he most notable are Acts Nos. ) and ? concernin& the Province ofBen&uet and the I&orots Act N9. )+, the Municipal Code Act no. )*, the Provincial %overnment

Act Act No. ()*, the Character of the cit" of Manila Act No. @))@, providin& for the or&ani5ation and&overnment of the Moro Province Act No. (*?-, the


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If the reli&ious conception is not satisfactor", so a&ainst the &eo&raphical conception is liewiseinad8uate. 3he reason it that the motive of the law relates not to a particular people, because of theirreli&ion, or to a particular province because of its location, but the whole intent of the law ispredicated n the civili5ation or lac of civili5ation of the inhabitants.

At most, 6non7Christian6 is an awward and unsatisfactor" word. Apolo&etic words usuall" introduce

the term. 63he so7called non7Christian6 is a favorite e4pression. 3he or instance, Act No. +*char&ed the Bureau of non7Christian tribes to conduct 6s"stematic investi&ations with reference tonon7Christian tribes . . . with special view to determinin& the most practicable means for brin&in&about their advancement in civili5ation and material propert" prosperit".6

As authorit" of a 1udicial nature is the decision of the


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be afforded to them should be the de&ree of civili5ation to which the" have attainedand "ou are re8uested to &overn "ourself accordin&l".

I have discussed this matter with the !onorable, the %overnor7%eneral, who concursin the opinion above e4pressed and who will have the necessar" instructions &iven tothe &overnors of the provinces or&ani5ed under the Provincial %overnment Act.

#Internal Revenue Manual, p. +(./

3he present


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members of non7Christian tribes ma" be divided into three classes in so far as thecedula ta4 law is concerned . . .

$henever an" member of an non7Christian tribe leaves his wild and uncivili5ed modeof life, severs whatever tribal relations he ma" have had and attaches himselfcivili5ed communit", belon&in& a member of the bod" politic, he thereb" maes

himself sub1ect to precisel" the same law that &overns the other members of thatcommunit" and from and after the date when he so attaches himself to thecommunit" the same cedula and other ta4es are due from him as from othermembers thereof. If he comes in after the e4piration of the delin8uenc" period thesame rule should appl" to him as to persons arrivin& from forei&n countries orreachin& the a&e of ei&hteen subse8uent to the e4piration of such period, and are&ular class A, :, >, or ! cedula, as the case ma" be, should be furnished himwithout penalt" and without re8uirin& him to pa" the ta4 for former "ears.

In conclusion, it should be borne in mind that the prime factors in determinin&whether or not a man is sub1ect to the re&ular cedula ta4 is not the circumstance thathe does or does not profess Christianit", nor even his maintenance of or failure to

maintain tribal relations with some of the well nown wild tribes, but his mode of life,de&ree of advancement in civili5ation and connection or lac of connection with somecivili5ed communit". >or this reason so called 6Remontados6 and 6Montescos6 will beclassed b" this office as members of non7Christian tribes in so far as the applicationof the Internal Revenue aw is concerned, since, even thou&h the" belon& to no wellreco&ni5ed tribe, their mode of life, de&ree of advancement and so forth arepracticall" the same as those of the I&orrots and members of other reco&ni5ed non7Christina tribes.

Her" respectfull",

#ilipino or stran&ers, civili5ed or uncivili5ed, butsimpl" refers to those uncivili5ed members of the non7Christian tribes of thePhilippines who, livin& without home or fi4ed residence, roam in the mountains,be"ond the reach of law and order . . .

3he Philippine Commission in denominatin& in its laws that portion of the inhabitantsof the Philippines which live in tribes as non7Christian tribes, as distin&uished fromthe common >ilipinos which carr" on a social and civili5ed life, did not intended toestablish a distinction based on the reli&ious beliefs of the individual, but, without


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dwellin& on the difficulties which later would be occasioned b" the phrase, adoptedthe e4pression which the ilipino lan&ua&es shows that theradical n"ian had in all these lan&ua&es a sense to7da" for&otten. In Pampan&o thisendin& still e4ists and si&nifies 6ancient,6 from which we can deduce that the namewas applied to men considered to be the ancient inhabitants, and that these menwere pushed bac into the interior b" the modern invaders, in whose lan&ua&e the"

were called the 6ancients.6

3he Man&uianes are ver" low in culture. 3he" have considerable Ne&rito blood and have notadvanced be"ond the Ne&ritos in civili5ation. 3he" are a peaceful, timid, primitive, semi7nomadicpeople. 3he" number appro4imatel" (,. 3he man&uianes have shown no desire for communit"life, and, as indicated in the preamble to Act No. @, have not pro&ressed sufficientl" in civili5ationto mae it practicable to brin& them under an" form of municipal &overnment. #


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preservation of the Indian nations as an ob1ect sou&ht b" the ;nited ederal %overnment with them and the treaties inwhich it has been promised, there arise the dut" of protection, and with it the power.3his has alwa"s been reco&ni5ed b" the E4ecutive and b" Con&ress, and b" thiscourt, whenever the 8uestion has arisen . . . 3he power of the %eneral %overnment

over these remnants of race once powerful, now wea and diminished in numbers, isnecessar" to their protection, as well as to the safet" of those amon& whom the"dwell. it must e4ist in that &overnment, because it never has e4isted an"where else,because the theater of its e4ercise is within the &eo&raphical limits of the ;nited


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Cheroee 3obacco '()@(, (( $all, -(- Roff vs.Burne" '()?@, (-) ;.


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6person6 within the meanin& of theabeas orpusAct, and as such, entitled to sue out a writ in thePhilippine courts. #


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3!E A$


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of the &eneral public ma" demand.6 #!arlan, 0., In 0acobson vs.Massachusetts'(? (?@ ;.ears '(?, (@? ;.


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9f course, there were man" who were protestin& a&ainst that se&re&ation. ilipinosand foster b" all ade8uate means and in a s"stematical, rapid, and complete mannerthe moral, material, economic, social, and political development of those re&ions,alwa"s havin& in view the aim of renderin& permanent the mutual intelli&encebetween, and complete fusion of, all the Christian and non7Christian elementspopulatin& the provinces of the Archipela&o. #


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the 6habits and arts of civili5ation6 $ould it be advisable for the courts to intrude upon a plan,carefull" formulated, and apparentl" worin& out for the ultimate &ood of these people

In so far as the Man&uianes themselves are concerned, the purpose of the %overnment is evident.!ere, we have on the Island of Mindoro, the Man&uianes, leadin& a nomadic life, main&depredations on their more fortunate nei&hbors, uneducated in the wa"s of civili5ation, and doin&

nothin& for the advancement of the Philippine Islands. $hat the %overnment wished to do b"brin&in& than into a reservation was to &ather to&ether the children for educational purposes, and toimprove the health and morals 2 was in fine, to be&in the process of civili5ation. this method wastermed in ilipinos. But 1ustas surel", the Man&uianes are citi5ens of a low de&ree of intelli&ence, and >ilipinos who are a dra&upon the pro&ress of the


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of civili5ation. 3he latter measure was adopted as the one more in accord withhumanit" and with national conscience.

444 444 444

3he national le&islation on the sub1ect of non7Christian people has tended more and

more towards the education and civili5ation of such people and fittin& them to beciti5ens. 3he pro&ress of those people under the tutela&e of the %overnment isindeed encoura&in& and the si&ns of the times point to a da" which is not far distantwhen the" will become useful citi5ens. In the li&ht of what has alread" beenaccomplished which has been winnin& the &ratitude of most of the bacward people,shall we &ive up the noble wor simpl" because a certain element, believin& that theirpersonal interests would be in1ured b" such a measure has come forward andchallen&ed the authorit" of the %overnment to lead this people in the pat ofcivili5ation


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redress of &rievances. $hen, however, onl" the validit" of the law is &enerall" challen&ed and noparticular case of oppression is called to the attention of the courts, it would seems that the 0udiciar"should not unnecessaril" hamper the %overnment in the accomplishment of its laudable purpose.

3he 8uestion is above all one of sociolo&". !ow far, consistentl" with freedom, ma" the ri&ht andliberties of the individual members of societ" be subordinated to the will of the %overnment It is a

8uestion which has assailed the ver" e4istence of &overnment from the be&innin& of time. Nowpurel" an ethical or philosophical sub1ect, nor now to be decided b" force, it has been transferred tothe peaceful forum of the 0udiciar". In resolvin& such an issue, the 0udiciar" must reali5e that thever" e4istence of &overnment renders imperatives a power to restrain the individual to some e4tent,dependent, of course, on the necessities of the class attempted to be benefited. As to the particularde&ree to which the e&islature and the E4ecutive can &o in interferin& with the ri&hts of the citi5en,this is, and for a alon& time to come will be, impossible for the courts to determine.

3he doctrines of laisse$ faire and of unrestricted freedom of the individual, as a4ioms of economicsand political theor", are of the past. 3he modern period has shown as widespread belief in theamplest possible demonstration of &overnmental activit". 3he courts unfortunatel" have sometimesseemed to trial after the other two branches of the &overnment in this pro&ressive march.

Considered, therefore, purel" as an e4ercise of the police power, the courts cannot fairl" sa" that thee&islature has e4ceeded its ri&htful authorit". it is, indeed, an unusual e4ercise of that power. But a&reat malad" re8uires an e8uall" drastic remed".

>urther, one cannot hold that the libert" of the citi5en is undul" interfered without when the de&ree ofcivili5ation of the Man&uianes is considered. 3he" are restrained for their own &ood and the &eneral&ood of the Philippines. Nor can one sa" that due process of law has not been followed. 3o &o bacto our definition of due process of law and e8ual protection of the law, there e4ists a law the lawseems to be reasonable it is enforced accordin& to the re&ular methods of procedure prescribedand it applies alie to all of a class.

As a point which has been left for the end of this decision and which, in case of doubt, would lead tothe determination that section +( is valid. it the attitude which the courts should assume towardsthe settled polic" of the %overnment. In a late decision with which we are in full accord,%ambles vs.Handerbilt ;niversit" #+


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constitute slaver" and involuntar" servitude. $e are further of the opinion that section +( of theAdministrative Code is a le&itimate e4ertion of the police power, somewhat analo&ous to the Indianpolic" of the ;nited


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9f course, friendl" headmen or chief mi&ht and, as a rule, should be consulted, after the practice inthe ;nited ilipinosand to foster b" all ade8uate means and in a s"stematic, rapid, and completel"manner the moral, material, economic, social and political development of thosere&ions, alwa"s havin& in view the aim of renderin& permanent the mutualintelli&ence between and complete fusion of all the Christian and non7Christianelements populatin& the provinces of the Archipela&o.


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Calapan, solel" because he escaped from the reservation. 3he Man&uianes used out a writof habeas corpusin this court, alle&in& that the" are deprived of their libert" in violation of law.

3he


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Are these petitioners char&ed with an" crime 3here is no mention in the return of the


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crimes and 1ail them to prevent the possibilit". But the


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constitute the rule and basis of 1udicial action. It follows that this case must bee4amined and decided on principles of law, and that unless the relators are entitledto their dischar&e under the constitution or laws of the ;nited


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444 444 444

3he Poncas lived upon their reservation in southern :aota, and cultivated a portionof the same, until two or three "ears a&o, when the" removed therefrom, but whetherb" force or otherwise does not appear. At all event, we find a portion of them,includin& the relators, located at some point in the Indian 3erritor". 3here, the

testimon" seems to show, is where the trouble commenced.

Rubi vs. Provincial Board

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