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WMSU CLAW

LLB 1-C SY 2015-2016

CONSTITUTIONAL LAW
CASE NO. 75

G.R. No. L-14078

March 7, 1919

RUBI, ET AL. (Manguianes), Plaintiffs,


vs.
THE PROVINCIAL BOARD OF MINDORO, Defendant
SUBJECT:

GRANT OF QUASI-LEGISLATIVE POWER TO LGU

FACTS:
The Provincial Board of Mindoro adopted a resolution which required all Manguianes to stay in one
permanent settlement. The said resolution was approved by the Secretary of Interior as required under
Section 2145 of the Revised Administrative Code. This provision authorized the establishment of nonChristian sites to be selected by the provincial governor, when such a course is deemed necessary in the
interest of law and order.
Petitioner Rubi and other Manguianes were recommended by the Provincial Governor of Mindoro to take
their habitation on an unoccupied land of Tigbao on Naujan Lake and to remain there, or be punished by
imprisonment if they run in accordance with Section 2759 of the Revised Administrative Code for a period
not exceeding sixty days. The Manguianes had to stay there for a reason of cultivation under certain
plans. Over 300 Manguianes were confined on a 800-hectare land whereas the land is under the
resolution of the Provincial Board. Then Dabalos, one of the Manguianes, was taken by the provincial
sheriff and imprisoned him at Calapan solely because he escaped from the reservation.
The Manguianes used out a writ of habeas corpus alleging that they are deprived of their liberty in
violation of law by virtue of the resolution of the provincial board creating the reservation. The validity of
Section 2145 of the Administrative Code 1917 was challenged.
ISSUE:
Whether or not Section 2145 of the Administrative Code of 1917 is an unlawful delegation of legislative
power to the local government.
HELD:
NO. Section 2145 of the Administrative Code of 1917 is not an unlawful delegation of legislative power by
the Philippine Legislature to provincial official and a department head. Accordingly, an exception to the
general rule, sanctioned by immemorial practice, permits the central legislative body to delegate
legislative powers to local authorities. The Philippine Legislature has here conferred authority upon the
Province of Mindoro, to be exercised by the provincial governor and the provincial board. It held that
under the doctrine of necessity, no one else was in a better position to determine whether or not to
execute the law but the provincial governor, who is given the discretion and option to execute the law as
circumstances may arise.
Furthermore, the Supreme Court sustained the constitutionality of this section of the Administrative Code
and held the that the resolution of the provincial board of Mindoro was neither discriminatory nor class
legislation, since the degree of civilization of the Manguianes was the primary consideration and that they
were restrained for their own good and the general good of the Philippines. Likewise, it 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
as 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, therefore a legitimate exertion of the police
power.

2007-30607

KARLA SHANE R. PATEGA