Rubi vs. Provincial Board of Mindoro

[No. 14078.
March 7, 1919.]
RUBI ET AL. (manguianes), plaintiffs, vs. THE PROVINCIAL BOARD OF MINDORO, defendant.
1.STATUTES; SECTION 2145 OF THE ADMINISTRATIVE CODE OF

1917; VALIDITY; CONSTRUCTION ; HISTORY.—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.
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Rubi vs. Provincial Board of Mindoro.
All of these special laws with the exception of Act No. 1306 were repealed by Acts Nos. 1396 and
1397. ,The last named Act incorporated and embodied the provisions in general language. In turn,
Act No. 1397 was repealed by the Administrative Code of 1916. The last Administrative Code retains
the provision which originated in Act No. 387, enacted in 1902, in section 2145 herein quoted.
2.ID.; ID.; ID.; ID.; GOVERNMENT POLICY.—These different laws denote an anxious regard for the

welfare of the non-Christian inhabitants of the Philippines and a settled and consistent practice with
reference to the method to be followed for their advancement.
3.ID.; ID.; ID.; ID.; ID.—Every really new question that comes before the courts is in the last analysis
determined by the application of public policy as a ratio decidendi. In balancing conflicting solutions,.
that one is perceived to tip the scales which the court believes will best promote the public welfare in
its probable operation as a general rule or principle.
4.ID.; ID.; ID.; "NON-CHRISTIAN ;" HISTORY.—A skeleton history of the attitude assumed towards the

backward inhabitants of the Islands both before and after the acquisition of the Philippines by the
United States is set forth in the opinion. The most important of the laws of the Indies having
reference to the subject are compiled in Book 6, Title 3. A clear exposition of the purposes of the
Spanish government in its efforts to improve the conditions of such inhabitants by concentrating
them in "reducciones" is f ound in the Decree of the Governor-General of the Philippine Islands of
January 14, 1881. Ever since the acquisition of the Philippine Islands by the United States, the
question as to the best method for dealing with the primitive inhabitants has been a perplexing one.
Organic and statutory law has given the subject consideration.
5.ID.; ID.; ID.; ID.; DEFINED.—"Non-Christian" is an awkward and unsatisfactory expression.

Legislative, judicial, and executive authority has 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 degree of
civilization. This has been the uniform construction of executive officials who have been called upon
to interpret and enforce the law. The term "non-Christian" 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.
6.ID.; ID.; ID.; ID.; THE "MANGUlANES."—The name "Manguian" signifies savage, mountaineer,

pagan, negro. The Manguianes are very low in culture.
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PHILIPPINE REPORTS ANNOTATED

7.ID.; ID.; ID.; AMERICAN INDIAN POLICY.— From the beginning of the United States, and even
before, the Indians have been treated as "in a state of pupilage." The recognized relation between
the Government of the United States and the Indians may be described as that of guardian and ward.
It is for the Congress to determine when and how the guardianship shall be terminated. The Indians
are always subject to the plenary authority of the United States.
8.ID.; ID.; ID.; ID.—With reference to the laws affecting the Indians, it has been held that it is not
within the power of the courts to overrule the judgment of Congress. For very good reason, the
subject has always been deemed political in nature, not subject to the jurisdiction of the judicial
department of the Government.
9.ID.; ID.; CONSTITUTIONAL LAW; DELEGATION OF LEGISLATIVE POWER.—The maxim of

constitutional law forbidding the delegation of legislative power should be zealously protected.
10.ID.; ID.; ID.; ID.—"The true distinction, therefore, is between the delegation of power to make the
law, which necessarily involves a discretion as to what it shall be, and conferring authority or
discretion as to its execution, to be exercised under and in pursuance of the law. The first cannot be
done; to the latter no valid objection can be made." (Cincinnati, W. & Z. R. Co. vs.Comrs. Clinton
County [1852], 1 Ohio St., 88.)
11.ID.; ID.; ID.; ID.—The legislature may make decisions of executive departments or subordinate

officials thereof, to whom it has committed the execution of certain acts, final on questions of fact.
The growing tendency in the decisions is to give prominence to the "necessity," of the case.
12.ID. ; ID. ; ID. ; ID.—An exception to the general rule, sanctioned by immemorial practice, permits

the central legislative body to delegate legislative powers to local authorities.
13.ID.; ID.; ID.; ID.—Section 2145 of the Administrative Code of 1917 is not an unlawful delegation of

legislative power by the Philippine Legislature to provincial officials and a department head.
14.ID.; ID.; ID.; RELIGIOUS DISCRIMINATION.—Since the term "nonChristian" is here construed to

refer to natives of the Philippine Islands of a low grade of civilization, section 2145 of the
Administrative Code of 1917 does not discriminate between individuals on account of religious
differences and is therefore not invalid.
15.ID.; ID.; ID.; CIVIL LIBERTY.—Various conceptions of civil liberty are quoted in the opinion. Civil
liberty may be said to mean that measure of freedom which may be enjoyed in a, civilized
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community, consistently with the peaceful enjoyment of like freedom in others. Liberty includes the
right of the citizen to be free to use his faculties in all lawful ways; to live and work where he will; to
earn his livelihood by any lawful calling; to pursue any avocation, and for that purpose, to enter into
all contracts which may be proper, necessary, and essential to his carrying out these purposes to a
successful conclusion.
16.ID. ; ID. ; ID. ; ID.—"Liberty" as understood in democracies is not license; it is "liberty regulated by

law." Whenever and whereever the natural rights of citizen would, if exercised without restraint,
deprive other citizens of rights which are also and equally natural, such assumed rights must yield to
the regulation of law.
17.ID. ; ID. ; ID. ; ID.—The authority conferred upon executive officials by section 2145 of the

Administrative Code of 1917 does not unduly interfere with the liberty of the citizen when the
degree of civilization of the Manguianes is considered.
18.ID.; ID.; ID.; DUE PROCESS OF LAW; EQUAL PROTECTION OF THE LAWS.—"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.
19.ID. ; ID. ; ID. ; ID. ; ID.—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.
20.ID.; ID.; ID.; SLAVERY AND INVOLUNTARY SERVITUDE.—Slavery and involuntary servitude,
together with their corollary, peonage, all denote "a condition of enforced, compulsory service of
one to another."
21.ID.; ID.; ID.; ID.—Confinement in reservations in accordance with section 2145 of the

Administrative Code of 1917 does not constitute slavery and involuntary servitude.
22.ID.; ID.; ID.; THE POLICE POWER.—The police power of the State is a power coextensive with self-
protection, and is not inaptly termed the "law of overruling necessity."
23.ID. ; ID. ; ID. ; ID.—The Government of the Philippine Islands has both on reason and authority the
right to exercise the sovereign police power in the promotion of the general welfare and the public
interest.
24.ID.; ID.; ID.; ID.—The doctrines of laissez faire and of unrestricted freedom of the individual, as

axioms of economics and political theory, are of the past. The modern period has shown
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a widespread belief in the amplest possible demonstration of governmental activity.
25.ID.; ID.; ID.; ID.—Considered purely as an exercise of the police power, the courts cannot fairly say
that the Legislature has exceeded its rightful authority in enacting section 2145 of the Administrative
Code of 1917.
26.ID.; ID.; ID.; STATUTORY CONSTRUCTION ; LEGISLATIVE INTENTION.—The fundamental objective
of governmental policy is to establish friendly relations with the so-called non-Christians, and to
promote their educational, agricultural, industrial, and economic development and advancement in
civilization.
27.ID.; ID.; ID.; ID.; ID.—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.
28.ID. ; ID. ; ID. ; ID. ; ID.—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.
29.ID. ; ID. ; ID. ; ID. ; PRESUMPTION.—Most cautiously should the power of this court to overrule the

judgment of the Philippine Legislature, a coordinate branch, be exercised. The whole tendency of the
best considered cases is toward non-interference on the part of the courts whenever political ideas
are the moving consideration.
30.ID.; ID.; ID.—Section 2145 of the Administrative Code of 1917 is constitutional.
Per CARSON, J., concurring:
31.STATUTES; "NON-CHRISTIAN;" DEFINED.—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.
32.ID. ; ID. ; ID. ; TESTS.—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."
33.ID.; ID.; STANDARD OF CIVILIZATION OF INHABITANTS NOT NON

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CHRISTIAN.—The legislative and administrative history of the Philippine Islands clearly discloses that
the standard of civilization to which a specific tribe must be found to have advanced, to justify its
removal from the class embraced within the descriptive term "non-Christian," as that term" is used in
the Philippine statute-book, is that degree of civilization which results in a mode of life within the
tribe, such that it is feasible and practicable to extend to, and enforce upon its membership the
general laws and regulations, administrative, legislative, and judicial, which control the conduct of
the admittedly civilized inhabitants of the Islands; a mode of life, furthermore, which does not find
expression in tribal customs or practices which tend to brutalize or debauch the members of the
tribe indulging in such customs or practices, or to expose to loss or peril the lives or property of those
who may be brought in contact with the members of the tribe.
34.ID.; ID.; ID.—So the standard of civilization to which any given number or group of inhabitants of a
particular province in these Islands, or any individual member of such a group, must be found to have
advanced, in order to remove such group or individual from the class embraced within the statutory
description of "non-Christian," is that degree of civilization which would naturally and normally result
in the withdrawal by such persons of permanent allegiance or adherence to a "non-Christian" tribe,
had they at any time adhered to or maintained allegiance to such a tribe; and which would qualify
them whether they reside within or beyond the habitat of a "non-Christian" tribe, not only to
maintain a mode of life independent of and apart from that maintained by such tribe, but such a
mode of life as would not be inimical to the lives or property or general welfare of the civilized
inhabitants of the Islands with whom they are brought in contact.
35.ID.; SECTION 2145 OF THE ADMINISTRATIVE CODE OF 1917; BASIS; WHEN PROPERLY APPLICABLE.

—The power to provide for the issuance of the reconcentration orders contemplated in section 2145
of the Administrative Code rests upon analogous principles to those upon which the liberty and
freedom of action of children and persons of unsound minds is restrained, without consulting their
wishes, but for their own good and the general welfare. The power rests upon necessity, that "great
master of all things," and is properly exercised only where certain individuals or groups of individuals
are found to be of such a low grade of civilization, that their own wishes cannot be permitted to
determine their mode of life or place of residence.
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ORIGINAL ACTION in the Supreme Court. Habeas corpus.
The facts are stated in the opinion of the court.
D. R. Williams and Filemon Sottofor plaintiff.
Solicitor-General Paredes for def endant.
MALCOLM, J.:
In one of the cases which denote a landmark in American Constitutional History

(Worcester vs. Georgia [1832], 6 Pet., 515), Chief Justice Marshall, the first luminary of American
jurisprudence, began his opinion (relating to the status of an Indian) with words which, with a slight
change in phraseology, can be made to introduce the present opinion—This cause, in every point of
view in which it can be placed, is of the deepest interest. The legislative power of a state, the
controlling power of the constitution and laws, the rights, if they have any, the political existence of a
people, the personal liberty of a citizen, are all involved in the subject now to be considered.
To imitate still further the opinion of the Chief Justice, we adopt his outline and proceed first, to
introduce the facts and the issues, next to give a history of the socalled "non-Christians," next to
compare the status of the "non-Christians" with that of the American Indians, and, lastly, to resolve
the constitutional questions presented.
I. INTRODUCTION.
This is an application for habeas corpus in f avor of Rubi and other Manguianes of the Province of
Mindoro. It is alleged that the Manguianes 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 from the reservation.
The return of the Solicitor-General alleges:
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"1. That on February 1, 1917, the provincial board of Mindoro adopted resolution No. 25 which is as
follows:
" The provincial governor, Hon. Juan Morente, jr., presented the following resolution:
" 'Whereas several attempts and schemes have been made for the advancement of the non-Christian
people of Mindoro, which were all a f ailure,
" 'Whereas it has been found out and proved that unless some other measure is taken for the
Mangyan work of this province, no successful result will be obtained toward educating these people.
" 'Whereas it is deemed necessary to oblige them to live in one place in order to make a permanent
settlement,
" 'Whereas 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,
" 'Whereas the provincial governor is of the opinion that the sitio ofTigbao on Lake Naujan is a place
most convenient f or the Mangyanes to live on, Now, theref ore be it
" '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 subject to the approval of the Honorable Secretary of the Interior, and
" 'Resolved further, That Mangyans may only solicit homesteads on this reservation providing that
said homestead applications are previously recommended by the provincial governor.
"2. That said resolution No. 25 (series 1917) of the provincial board of Mindoro was approved by the
Secretary of the Interior of February 21, 1917.
"3. That on December 4, 1917, the provincial governor of Mindoro issued executive order No. 2
which says:
" 'Whereas the provincial board, by Resolution No. 25,
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current series, has selected a site in the sitio of Tigbao on Naujan Lake for the permanent settlement
of Mangyanes in Mindoro.
" 'Whereas said resolution has been duly approved by the Honorable, the Secretary of the Interior,
on February 21, 1917.
" 'Now, therefore, I, Juan Morente, jr., provincial governor of Mindoro, pursuant to the provisions of
section 2145 of the revised Administrative Code, do hereby direct that all the Mangyans in the
vicinities of 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, to take up their habitation on the site
of Tigbao, Naujan Lake, not later than December 31, 1917.
" 'Any Mangyan who shall refuse to comply with this order shall upon conviction be imprisoned not
exceeding sixty days, in accordance with section 2759 of the revised Administrative Code.'
"4. That the resolution of the provincial board of Mindoro copied in paragraph 1 and the executive
order of the governor of the same province copied in paragraph 3, were 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.
"5. That Rubi and those living in his ranchería have not fixed their dwellings within the reservation of
Tigbao and are liable to be punished in accordance with section 2759 of Act No. 2711.
"6. That the undersigned has no information that Doroteo Dabalos is being detained by the sheriff of
Mindoro but if he is so detained it must be by virtue of the provisions of articles Nos. 2145 and 2759
of Act No. 2711."
It thus appears that the provincial governor of Mindoro and the provincial board thereof directed the
Manguianes in question to take up their habitation in Tigbao, a site on the shore of Lake Naujan,
selected by the provincial
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governor and approved by the provincial board. The action was taken in accordance with section
2145 of the Administrative Code of 1917, and was duly approved by the Secretary of the Interior as
required by said action. Petitioners, however, challenge the validity of this section of the
Administrative Code. This, therefore, becomes the paramount question which the court is called
upon to decide.
Section 2145 of the Administrative Code of 1917 reads as follows:
"SEC. 2145. Establishment of non-Christians upon sites selected by provincial governor.—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."
In connection with the above-quoted provision, there should be noted section 2759 of the same
Code, which reads as follows:
"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 two
thousand one hundred and forty-five 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."
The substance of what is now found in said section 2145 is not new to Philippine law. The
genealogical tree of this section, if we may be permitted to use such terminology, would read:
Section 2077, Administrative Code of 1916; section 62, Act No. 1397; section 2 of various special
provincial laws, notably of Act No. 547, specifically relating to the Manguianes; section 69, Act No.
387.
Section 2145 and its antecedent laws make use of the term "non-Christians." This word, as will later
be dis-
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closed, is also found in varying forms in other laws of the Philippine Islands. In order to put the
phrase in its proper category, and in order to understand the policy of the Government of the
Philippine Islands with ref erence to the uncivilized elements of the Islands, it is well first of all to set
down a skeleton history of the attitude assumed by the authorities towards these "non-Christians,"
with particular regard for the legislation on the subject.
II. HISTORY.
A. BEFORE ACQUISITION OF THE PHILIPPINES BY THE
UNITED STATES.
The most important of the laws of the Indies having reference to the subject at hand are compiled in
Book VI, Title III, in the following language:
"LAW I.
"The Emperor Charles and the Prince, the governor, at Cigales, on March 21, 1551. Philip II at Toledo,
on February 19, 1560. In the forest of Segovia on September 13, 1565. In the Escorial on November
10, 1568. Ordinance 149 of the poblaciones of 1573. In San Lorenzo, on May 20, 1578.
"THAT THE 'INDIOS' BE REDUCED INTO 'POBLACIONES' (COM
MUNITIES) .
"In order that the indios may be instructed in the Sacred Catholic Faith and the.evangelical law, and
in order that they may forget the.blunders of their ancient rites and ceremonies to the end that they
may live in harmony and in a civilized manner, it has always been endeavored, with great care and
special attention, to use all the means most convenient to the attainment of these purposes. To carry
out this work with success, our Council of the Indies and other religious persons met at various times;
the prelates of New Spain assembled by order of Emperor Charles V of glorious memory in the year
one thousand five hundred and forty-six—all of which meetings were actuated with a desire
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Rubi vs. Provincial Board ,of Mindoro.
to serve God and our Kingdom. At these meetings it was resolved that indios be made to live in
communities, and not to live in places divided and separated from one another by sierras and
mountains, wherein they are deprived of all spiritual and temporal benefits and wherein they Can
not profit f rom the aid of our ministers and from that which gives rise to those human necessities
which men are obliged to give one another. Having realized the convenience of this resolution, our
kings, our predecessors, by different orders, have entrusted and ordered the viceroys, presidents,
and governors to execute with great care and moderation the concentration of
the indios into reducciones; and to deal with their doctrine with such f orbearance and gentleness,
without causing inconveniences, so that those who would not presently settle and who would see
the good treatment and the protection of those already in settlements would, of their own accord,
present themselves, and it is ordained that they be not required to pay taxes more than what is
ordered. Because the above has.been executed in the greater part of our Indies, wehereby order and
decree that the same be complied with in all the remaining parts of the Indies, and
the encomenderos shall entreat compliance thereof in the manner and form prescribed by the laws
of this title."
"LAW VIII.
"Philip II at the Pardo, on December 1, 1573. Philip III at Madrid, October 10, 1618.
"THAT THE 'REDUCCIONES' BE MADE IN ACCORDANCE WITH
THE CONDITIONS OF THIS LAW.
"The places wherein the pueblosand reducciones shall be formed, should have the facilities of

waters, lands, and mountains, ingress and egress, husbandry and a passageway of one league long,
wherein the indioscan have their live stock that they may not be mixed with those of the Spaniards;
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"LAW IX.
"Philip II at Toledo, on February 19, 1560.

"THAT THE 'INDIOS' IN 'REDUCCIONES' BE NOT DEPRIVED OF
THE LANDS PREVIOUSLY HELD BY THEM.
"With more good-will and promptness, the indios shall be concentrated in reducciones. Provided

they shall not be deprived of the lands and granaries which they may have in the places left by them.
We hereby order that no change shall be made in this respect, and that they be allowed to retain the
lands held by them previously so that they may cultivate them and profit therefrom."
* * * * * * *
"LAW XIII.
"THE SAME AS ABOVE.
"THAT THE 'REDUCCIONES' BE NOT REMOVED WITHOUT ORDER
OF THE KING, VICEROY, OR COURT.
"No governor, or magistrate, or alcalde mayor, or any other court, has the right to alter or to remove
the pueblos or the reducciones once constituted and founded, without our express order or that of
the viceroy, ,president, or the royal district court, provided, however, that
the encomenderos, priests, or indiosrequest such a change or consent to it by offering or giving
information to that end. And, because these claims are often made for private interests and not for
those of the indios, we hereby order that this law be always complied with, otherwise the change will
be considered fraudulently obtained. The penalty of one thousand pesos shall be imposed upon the
judge or encomendero who should violate this law."
"LAW XV.
"Philip III at Madrid, on October 10, 1618.

"THAT THERE BE MAYORS AND ALDERMEN IN THE 'REDUC
CIONES,' WHO SHALL BE 'INDIOS.'
"We order that in each town and reducción there be a mayor, who should be an indio of the
same reducción;
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if there be more than eighty houses, there should be two mayors and two aldermen, also indios; and,
even if the town be a big one, there should, nevertheless, be more than two mayors and four
aldermen. If there be less than eighty indios but not less than forty, there should be not more than
one mayor and one alderman, who should annually elect nine others, in the presence of the priests,
as is the practice in town inhabited by Spaniards and indios."
"LAW XXI.
"Philip II, in Madrid, on May 2, 1563, and on November 25, 1578. At Tomar, on May 8, 1581. At
Madrid, on January 10, 1589. Philip III, at Tordesillas, on July 12, 1600. Philip IV, at Madrid, on
October 1 and December 17, 1646. For this law and the one following, See Law I, Tit. 4, Book 7.
"THAT IN THE TOWNS OF THE 'INDIOS,' THERE SHALL LIVE
NO SPANIARDS, NEGROES, 'MESTIZOS,' AND MULATTOES.
"We hereby prohibit and forbid Spaniards, negroes, mulattoes, or mestizos to live in
the reducciones and towns of the indios, because it has been found that some Spaniards who deal,
trade, live, and associate with the indios are men of troublesome nature, of dirty ways of living;
robbers, gamblers, and vicious and useless men; and, to avoid the wrongs done them,
the indios would leave their towns and provinces; and the negroes, mestizos, and mulattoes, besides
maltreating them and utilizing their services, contaminate them with their bad customs, idleness, and
also some of their blunders and vices which may corrupt and pervert the goal which we desire to
reach with regard to their salvation, increase, and tranquility. We hereby order the imposition of
grave penalties upon the commission of the acts above-mentioned which should not be tolerated in
the towns, and that the viceroys, presidents, governors, and courts take great care in executing the
law within their powers and avail themselves of the
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cooperation of the ministers who are truly honest. As regards the mestizosand Indian and Chinese
half-breeds (zambaigos), who are children of indias and born among them, and who are to inherit
their houses and haciendas, they shall not be affected by this law, it appearing to be a harsh thing to
separate them from their parents." (Law of the Indies, vol. 2, pp. 228, 229, 230, 231.)
A clear exposition of the purposes of the Spanish government, in its efforts to improve the condition
of the less advanced inhabitants of the Islands by concentrating them in "reducciones," is found in
the Decree of the Governor-General of the Philippine Islands of January 14, 1881, reading as follows:
"It is a legal principle as well as a national right that every inhabitant of a territory recognized as an
integral part of a nation should respect and obey the laws in f orce therein; while, on the other 'hand,
it is the duty to conscience and to humanity for all governments to civilize those backward races that
might exist in the nation, and which, living in the obscurity of ignorance, lack all the notions which
enable them to grasp the moral and material advantages that may be acquired in those towns under
the protection and vigilance afforded them by the same laws.
"It is equally highly depressive to our national honor to tolerate any longer the separation and
isolation of the non-Christian races from the social life of the civilized and Christian towns; to allow
any longer the commission of depredations, precisely in the Island of Luzon wherein is located the
seat of the representative of the Government of the metropolis.
"It is but just to admit the fact that all the governments have occupied themselves with, this most
important question, and that much has been heretofore accomplished with the help and self-denial
of the missionary fathers who have even sacrificed their lives to the end that those degenerate races
might be brought to the principles of Christianity, but the means and the preaching employed to
allure them have been insufficient to complete the work under-
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taken. Neither have the punishments imposed been sufficient in certain cases and in those which
have not been guarded against, thus giving way for the majority of these races to persist in their
mode of living and customs of isolation.
"As it is impossible to consent to the continuation of such a lamentable state of things, taking into
account the prestige which the country demands and the inevitable duty which every government
has in enforcing respect and obedience to the national laws on the part of all who reside within the
territory under its control, I have proceeded in the premises by giving the most careful study of this
serious question which involves important interests for civilization, from the moral and material as
well as the political standpoints. After hearing the illustrious opinions of all the local authorities,
ecclesiastics, and missionaries of the provinces of Northern Luzon, and also after finding the
unanimous conformity 'of the meeting held with the Archbishop of Manila, the Bishops of Jaro and
Cebu, and the provincial prelates of the Orders of the Dominicans, Agustinians, Recoletos,
Franciscans, and Jesuits as also of the meeting of the Council of Authorities, held for the object so
indicated, I have arrived at an intimate conviction of the inevitable necessity of proceeding in a
practical manner for the submission of the said pagan and isolated races, as well as of the manner
and the only f orm of accomplishing such la task.
"For the reasons above stated and for the purpose of carrying out these objects, I hereby promulgate
the following:
"DECREE.
"1. All the indian inhabitants (indios) of the Island of Luzon are, from this date, to be governed by the
common law, save those exceptions prescribed in this decree which are based upon the differences
of instruction, of the customs, and of the necessities of the different pagan races which occupy a part
of its territory.
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"2. The diverse rules which should be promulgated for each of these races—which may be divided
into three classes: one, which comprises those which live isolated and roaming about without f
orming a town nor a home; another, made up of those subdued pagans who have not as yet entered
completely the social life; and the third, of those mountain and rebellious pagans—shall be published
in their respective dialects, and the officials, priests, and missionaries of the provinces wherein they
are found are hereby entrusted in the work of having these races learn these rules. These rules shall
have executive character, beginning with the first day of next April, and, as to their compliance, they
must be observed in the manner prescribed below.
"3. The provincial authorities in conjunction with the priests shall proceed, from now on, with all the
means which their zeal may suggest to them, to the taking of the census of the inhabitants of the
towns or settlements already subdued, and shall adopt the necessary regulations for the
appointment of local authorities, if there be none as yet; for the construction of courts and schools,
and for the opening or fixing up of means of communication, endeavoring, as regards the
administrative organization of the said towns or settlements, that this be finished before the first day
of next July, so that at the beginning of the fiscal year they shall have the same rights and obligations
which affect the remaining towns of the archipelago, with the only exception that in the first two
years they shall not be obliged to render personal services other than those previously indicated.
"4. So long as these subdued towns or settlements are located in fertile lands appropriate for
cultivation, the inhabitants thereof shall not be obliged to move their dwelling-houses; and only in
case of absolute necessity shall a new residence be fixed for them, choosing for this purpose the
place most convenient for them and which prejudices the least their interests; and, in either of these
cases, an
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VOL. 39, MARCH 7, 1919.
677
effort must be made to establish their homes within the reach of the sound of the bell.
"5. For the protection and defense of these new towns, there shall be established an armed force
composed precisely of native Christians, the organization and service of which shall be determined in
a regulation based upon that of the abolished Tercios de Policía (division of the Guardia Civil).
"6. The authorities shall see to it that the inhabitants of the new towns understand all the rights and
duties affecting them and the liberty which they have as to where and how they shall till their lands
and sell the products thereof, with the only exception of the tobacco which shall be bought by
the Hacienda at the same price and conditions allowed other producers, and with the prohibition
against these new towns as well as the others from engaging in commerce or any other transaction
with the rebellious indios, the violation of which shall be punished with deportation.
"7. In order to properly carry out this express prohibition, the limits of the territory of the
rebellious indiosshall be fixed; and whoever should go beyond the said limits shall be detained and
assigned governmentally wherever convenient.
"8. For the purpose of assisting in the conversion of the pagans into the fraternity of the Catholic
Church, all who have settled and who profess our sacred religion shall by this fact alone be exempt
for eight years from rendering personal labor.
"9. The authorities shall offer in the name of the State to the races not subdued (aetas and mountain
igorrots) the following advantages in return for their voluntary submission: to live in towns; unity
among their families; concession of good' lands and the right to cultivate them in the manner they
wish and in the way they deem most productive; support during a year, and clothes upon affecting
submission; respect for their habits and customs in
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678
so far as the same are not opposed to natural law; freedom to decide of their own accord as to
whether they want to be Christians or not; the establishment of missions and families of recognized
honesty who shall teach, direct, protect, and give them security and trust them; the purchase or
facility of the sale of their harvests; the exemption from contributions and tributes for ten years and
from the quintas (a kind of tax) for twenty years; and lastly, that those who are governed by the local
authorities as the ones who elect such officials under the direct charge of the authority of the
province or district.
"10. The races indicated in the preceding article, who voluntarily admit the advantages offered, shall,
in return, have the obligation of constituting their new towns, of constructing their town hall,
schools, and country roads which place them in communication with one another and with the
Christians; provided, that the location of these towns be distant from their actual residences, when
the latter do not have the good conditions of location and cultivation, and provided further that the
putting of families in a place so selected by them be authorized in the towns already constituted.
"11. The armed force shall proceed to the prosecution and punishment of the tribes, that,
disregarding the peace, protection, and advantages offered them, continue in their rebellious
attitude on the first of next April, committing from now on the crimes and vexations against the
Christian towns; and for this purpose, the Captain General's Office shall proceed with the
organization of the divisions of the Army which, in conjunction with the rural
guards (cuadrilleros), shall have to enter the. territory of such tribes. On the expiration of the term,
they shall destroy their dwelling-houses, labors, and implements, and confiscate their products and
cattle. Such a punishment shall necessarily be repeated twice a year, and for this purpose the military
headquarters shall immediately order a detachment of the military staff to study the zones where
such
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VOL. 39, MARCH 7, 1919.
679
operations shall take place and everything conducive to the successful accomplishment of the same.
"12. The chiefs of provinces, priests, and missionaries, local authorities, and other subordinates to my
authority, civil as well as military authorities, shall give the most effective aid and cooperation to the
said forces in all that is within the attributes and the scope of the authority of each.
"13. With respect to the reducción of the pagan races found in some of the provinces in the southern
part of the Archipelago, which I intend to visit, the preceding provisions shall conveniently be applied
to them.
"14. There shall be created, under my presidency as Governor-General, Vice-Royal Patron, a council
or permanent commission which shall attend to and decide all the questions relative to the
application of the foregoing regulations that may be brought to it for consultation by the chiefs of
provinces and priests and missionaries.
"15. The secondary provisions which may be necessary, as a complement to the foregoing, in
bringing about due compliance with this decree, shall be promulgated by the respective official
centers within their respective jurisdictions." (Gaceta de Manila, No. 15) (Diccionario de la
Administración, vol. 7, pp. 128-134.)
B. AFTER ACQUISITION OF THE PHILIPPINES BY THE UNITED
STATES.
Ever since the acquisition of the Philippine Islands by the United States, the question as to the best
method for dealing with the primitive inhabitants has been a perplexing ,one.
1. Organic law.
The first order of an organic character after the inauguration of the American Government in the
Philippines, was President McKinley's Instructions to the Commission of April 7, 1900, later expressly
approved and ratified by section 1 of the Philippine Bill, the Act of Congress of
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680

July 1,1902. Portions of these instructions have remained undisturbed by subsequent congressional
legislation. One paragraph of particular interest should here be quoted, namely:
"In dealing with the uncivilized tribes of the Islands, the Commission should adopt the same course
followed by Congress in permitting the tribes of our North American Indians to maintain their tribal
organization and government and under which many of these tribes are now living in peace and
contentment, surrounded by civilization to which they are unable or unwilling to conform. Such tribal
governments should, however, be subjected to wise and firm regulation; and, without undue or petty
interference, constant and active effort should be exercised to prevent barbarous practices and
introduce civilized customs."
Next comes the Philippine Bill, the Act of Congress of July 1, 1902, in the nature of an Organic Act for
the Philippines. The purpose of section 7 of the Philippine Bill was to provide for a legislative body
and, with this end in view, to name the prerequisites for the organization of the Philippine Assembly.
The Philippine Legislature, composed of the Philippine Commission and the Philippine Assembly, was
to have jurisdiction over the Christian portion of the Islands. The Philippine Commission was to retain
exclusive jurisdiction of that part of said Islands inhabited by Moros or other non-Christian tribes.
The latest Act of Congress, nearest to a Constitution for the Philippines, is the Act of Congress of
August 29, 1916, commonly known as the Jones Law. This law transferred the exclusive legislative
jurisdiction and authority theretofore exercised by the Philippine Commission, to the Philippine
Legislature (sec. 12). It divided the Philippine Islands into twelve senatorial districts, the twelfth
district to be composed of the Mountain Province, Baguio, Nueva Vizcaya, and the Department of
Mindanao and Sulu. The Governor-General of the Philippine Islands was authorized
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VOL. 39, MARCH 7, 1919.
681
to appoint senators and representatives for the territory which, at the time of the passage of the
Jones Law, was not represented in the Philippine Assembly, that is, for the twelfth district (sec. 16).
The law established a bureau to be known as the "Bureau of non-Christian Tribes" which shall have
general supervision over the public affairs of the inhabitants which are represented in the Legislature
by appointed senators and representatives (sec. 22).
Philippine organic law may, therefore, be said to recognize a dividing line between the territory not
inhabited by Moros or other non-Christian tribes, and the territory which is inhabited by Moros or
other non-Christian tribes.
2. Statute law.
Local governments in the Philippines have been provided for by various acts of the Philippine
Commission and Legislature. The most notable are Acts Nos. 48 and 49 concerning the Province of
Benguet and the Igorots; Act No. 82, the Municipal Code; Act No. 83, the Provincial Government Act;
Act No. 183, the Charter of the city of Manila; Act No. 787, providing f or the organization and
government of the Moro Province; Act No. 1396, the Special Provincial Government Act; Act No.
1397, the Township Government Act; Act No. 1667, relating to the organization of settlements; Act
No. 1963, the Baguio Charter; and Act No. 2408, the Organic Act of the Department of Mindanao and
Sulu. The major portion of these laws have been carried forward into the Administrative Codes of
1916 and 1917.
Of more particular interest are certain special laws concerning the government of the primitive
peoples. Beginning with Act No. 387, sections 68-71, enacted on April 9, 1902, by the United States
Philippine Commission, 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 provinces of
Abra, Antique, Bataan, Ilocos Norte, Ilocos Sur, Isabela,
682
682
Rubi vs. Provincial Board .of Mindoro.

Lepanto-Bontoc, Mindoro, Misamis, Nueva Vizcaya, Pangasinan, Paragua (Palawan), Tarlac, Tayabas,
and Zambales. As an example of these laws, because referring to the Manguianes, we insert Act No.
547:
"No. 547.—AN ACT PROVIDING FOR THE ESTABLISHMENT OF LOCAL CIVIL GOVERNMENTS FOR THE
MANGUIANES IN THE PROVINCE OF MINDORO.
"By authority of the United States, be it enacted by the Philippine Commission, that:
"SECTION 1. Whereas the Manguianes of the Province of Mindoro have. not progressed sufficiently in
civilization to make it practicable to bring them under any form of municipal government, the
provincial governor is authorized, subject to the approval of the Secretary of the Interior, in dealing
with these Manguianes to appoint officers from among them, to fix their designations and badges of
office, and to prescribe their powers and duties: Provided, That the powers and duties thus
prescribed shall not be in excess of those conferred upon township officers by Act Numbered Three
hundred and eighty-seven entitled 'An Act providing for the establishment of local civil governments
in the townships and settlements of Nueva Vizcaya.'
"SEC. 2. Subject to the approval of the Secretary of the Interior, the provincial governor is further
authorized, when he deems. such a course necessary in the interest of law and order, to direct such
Manguianes to take up their habitation on sites on unoccupied public lands to be selected by him
and approved by the 'provincial board. Manguianes who refuse to comply with such directions shall
upon conviction be imprisoned for a period not exceeding sixty days.
"SEC. 3. The constant aim of the governor shall be to aid the Manguianes of his province to acquire
the knowledge and experience necessary for successful local popular government, and his
supervision and control over them shall be exercised to this end, and to the end that law and order
and individual freedom shall be maintained.
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VOL, 39, MARCH 7, 1919.
683
"SEC. 4. When in the .opinion of the provincial board of Mindoro any settlement of Manguianes has
advanced sufficiently to make such a course practicable, it may be organized under the provisions of
sections one to sixty-seven, inclusive, of Act Numbered three hundred and eighty-seven, as a
township, and the geographical limits of such township shall be fixed by the provincial board.
"SEC. 5. The public good requiring the speedy enactment of this bill, the passage of the same is
hereby expedited in accordance with section two of' An Act prescribing the order of procedure by
the Commission in the enactment of laws,' passed September twenty-sixth, nineteen hundred.
"SEC. 6. This Act shall take effect on its passage.
"Enacted, December 4, 1902."
All of these special laws, with the exception of Act No. 1306, were repealed by Acts Nos. 1396 and
1397. The last named Act incorporated and embodied the provisions in general language. In turn, Act
No. 1397 was repealed by the Administrative Code of 1916. The two Administrative Codes retained
the provisions in question.
These different laws, if they mean anything, denote an anxious regard for the welfare of the non-
Christian inhabitants of the Philippines and a settled and consistent practice with reference to the
methods to be followed for their advancement.
C. TERMINOLOGY.
The terms made use of by these laws, organic and statutory, are found in varying forms.
""Uncivilized tribes" is the denomination in President McKinley's instructions to the Commission.

The most commonly accepted usage has sanctioned the term "non-Christian tribes." These words are
to be found in section 7 of the Philippine Bill and in' section 22 of the Jones Law. They are also to be
found in Act No. 253 of the Philippine Commission, establishing a Bureau of nonChristian Tribes and
in Act No. 2674 of the Philippine Legislature, carried forward into sections 701-705 of the Ad-
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684
ministrative Code of 1917, reestablishing this Bureau. Among other laws which contain the phrase,
there can be mentioned Acts Nos. 127, 128, 387, 547, 548, 549, 550, 1397, 1639, and 2551.
"Non-Christian people," "non-Christian inhabitants," and "non-Christian Filipinos" have been the
favorite nomenclature, in lieu of the unpopular word "tribes," since the coming into being of a
Filipinized legislature. These terms can be found in sections 2076, 2077, 2390, 2394, Administrative
Code of 1916; sections 701-705, 2145, 2422, 2426, Administrative Code of 1917; and in Acts Nos.
2404, 2435, 2444, 2674 of the Philippine Legislature, as well as in Act No. 1667 of the Philippine
Commission.
The Administrative Code specifically provides that the term "non-Christian" shall include
Mohammedans and pagans. (Sec. 2576, Administrative Code of 1917; sec. 2561, Administrative Code
of 1916, taken from Act No. 2408, sec, 3.)
D. MEANING OF TERM "NON-CHRISTIAN."
If we were to follow the literal meaning of the word "non-Christian," it would of course result in
giving to it a religious signification. Obviously, Christians would be those who profess the Christian
religion, and non-Christians, would be those who do not profess the Christian religion. In partial
corroboration of this view, there could also be cited section 2576 of the last Administrative Code and
certain well-known authorities, as Zuñiga, "Estadismo de las Islas Filipinas," Professor Ferdinand
Blumentritt, "Philippine Tribes and Languages," and Dr. N. M. Saleeby, "The Origin of Malayan
Filipinos." (See Blair & Robertson, "The Philippine Islands," 1493-1898, vol. III, p. 300, note; Craig-
Benitez, "Philippine Progress prior to 1898," vol. I, p. 107.)
Not content with the apparent definition of the word, we shall investigate- further to ascertain what
is its true meaning.

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[No. 14078.

RUBI ET AL. (manguianes), plaintiffs, vs. THE PROVINCIAL BOARD OF MINDORO, defendant.

1.STATUTES; SECTION 2145 OF THE ADMINISTRATIVE CODE OF

VOL. 39, MARCH 7, 1919.