Republic of the Philippines sheriff in the prison at Calapan for having run away form the Mindoro subject

rm the Mindoro subject to the approval of the Honorable

SUPREME COURT reservation. Secretary of the Interior, and
Manila
The return of the Solicitor-General alleges: "Resolved further, That Mangyans may only solicit
EN BANC homesteads on this reservation providing that said
1. That on February 1, 1917, the provincial board of homestead applications are previously
G.R. No. L-14078 March 7, 1919 Mindoro adopted resolution No. 25 which is as recommended by the provincial governor."
follows:
RUBI, ET AL. (manguianes), plaintiffs, 2. That said resolution No. 25 (series 1917) of the
vs. The provincial governor, Hon. Juan Morente, Jr., provincial board of Mindoro was approved by the
THE PROVINCIAL BOARD OF MINDORO, defendant. presented the following resolution: Secretary of the Interior of February 21, 1917.

D. R. Williams & Filemon Sotto for plaintiff. "Whereas several attempts and schemes 3. That on December 4, 1917, the provincial
Office of the Solicitor-General Paredes for defendant. have been made for the advancement of governor of Mindoro issued executive order No. 2
the non-Christian people of Mindoro, which says:
MALCOLM, J.: which were all a failure,
"Whereas the provincial board, by
"Whereas it has been found out and Resolution No. 25, current series, has
In one of the cases which denote a landmark in American selected a site in the sitio of Tigbao on
Constitutional History (Worcester vs. Georgia [1832], 6 Pet., proved that unless some other measure is
taken for the Mangyan work of this Naujan Lake for the permanent settlement
515), Chief Justice Marshall, the first luminary of American of Mangyanes in Mindoro.
jurisprudence, began his opinion (relating to the status of an province, no successful result will be
Indian) with words which, with a slight change in obtained toward educating these people.
phraseology, can be made to introduce the present opinion "Whereas said resolution has been duly
— This cause, in every point of view in which it can be "Whereas it is deemed necessary to approve by the Honorable, the Secretary
placed, is of the deepest interest. The legislative power of obliged them to live in one place in order of the Interior, on February 21, 1917.
state, the controlling power of the constitution and laws, the to make a permanent settlement,
rights if they have any, the political existence of a people, the "Now, therefore, I, Juan Morente, jr.,
personal liberty of a citizen, are all involved in the subject "Whereas the provincial governor of any provincial governor of Mindoro, pursuant
now to be considered. province in which non-Christian to the provisions of section 2145 of the
inhabitants are found is authorized, when revised Administrative Code, do hereby
To imitate still further the opinion of the Chief Justice, we such a course is deemed necessary in the direct that all the Mangyans in the
adopt his outline and proceed first, to introduce the facts and interest of law and order, to direct such townships of Naujan and Pola and the
the issues, next to give a history of the so called "non- inhabitants to take up their habitation on Mangyans east of the Baco River including
Christians," next to compare the status of the "non- sites on unoccupied public lands to be those in the districts of Dulangan and
Christians" with that of the American Indians, and, lastly, to selected by him and approved by the Rubi's place in Calapan, to take up their
resolve the constitutional questions presented. provincial board. habitation on the site of Tigbao, Naujan
Lake, not later than December 31, 1917.
I. INTRODUCTION. "Whereas the provincial governor is of the
opinion that the sitio of Tigbao on Lake "Any Mangyan who shall refuse to comply
Naujan is a place most convenient for the with this order shall upon conviction be
This is an application for habeas corpus in favor of Rubi and imprisoned not exceed in sixty days, in
other Manguianes of the Province of Mindoro. It is alleged Mangyanes to live on, Now, therefore be it
accordance with section 2759 of the
that the Maguianes are being illegally deprived of their liberty revised Administrative Code."
by the provincial officials of that province. Rubi and his "Resolved, that under section 2077 of the
companions are said to be held on the reservation Administrative Code, 800 hectares of public land in
established at Tigbao, Mindoro, against their will, and one the sitio of Tigbao on Naujan Lake be selected as a 4. That the resolution of the provincial board of
Dabalos is said to be held under the custody of the provincial site for the permanent settlement of Mangyanes in 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 shall refuse to comply with the directions lawfully In order that the indios may be instructed in the
protection of the Mangyanes of Mindoro as well as given by a provincial governor, pursuant to section Sacred Catholic Faith and the evangelical law, and
the protection of public forests in which they roam, two thousand one hundred and forty-five of this in order that they may forget the blunders of their
and to introduce civilized customs among them. Code, to take up habitation upon a site designated ancient rites and ceremonies to the end that they
by said governor shall upon conviction be may live in harmony and in a civilized manner, it
5. That Rubi and those living in his rancheria have imprisonment for a period not exceeding sixty days. has always been endeavored, with great care and
not fixed their dwelling within the reservation of special attention, to use all the means most
Tigbao and are liable to be punished in accordance The substance of what is now found in said section 2145 is convenient to the attainment of these purposes. To
with section 2759 of Act No. 2711. not new to Philippine law. The genealogical tree of this carry out this work with success, our Council of the
section, if we may be permitted to use such terminology, Indies and other religious persons met at various
would read: Section 2077, Administrative Code of 1916; times; the prelates of new Spain assembled by
6. That the undersigned has not information that order of Emperor Charles V of glorious memory in
Doroteo Dabalos is being detained by the sheriff of section 62, Act No. 1397; section 2 of various special
provincial laws, notably of Act No. 547, specifically relating to the year one thousand five hundred and forty-six —
Mindoro but if he is so detained it must be by virtue all of which meetings were actuated with a desire to
of the provisions of articles Nos. 2145 and 2759 of the Manguianes; section 69, Act No. 387.
serve God an our Kingdom. At these meetings it
Act No. 2711. was resolved that indios be made to live in
Section 2145 and its antecedent laws make use of the term communities, and not to live in places divided and
It thus appears that the provincial governor of Mindoro and "non-Christians." This word, as will later be disclosed, is also separated from one another by sierras and
the provincial board thereof directed the Manguianes in found in varying forms in other laws of the Philippine Islands. mountains, wherein they are deprived of all spiritual
question to take up their habitation in Tigbao, a site on the In order to put the phrase in its proper category, and in order and temporal benefits and wherein they cannot
shore of Lake Naujan, selected by the provincial governor to understand the policy of the Government of the Philippine profit from the aid of our ministers and from that
and approved by the provincial board. The action was taken Islands with reference to the uncivilized elements of the which gives rise to those human necessities which
in accordance with section 2145 of the Administrative Code Islands, it is well first of all to set down a skeleton history of men are obliged to give one another. Having
of 1917, and was duly approved by the Secretary of the the attitude assumed by the authorities towards these "non- realized that convenience of this resolution, our
Interior as required by said action. Petitioners, however, Christians," with particular regard for the legislation on the kings, our predecessors, by different orders, have
challenge the validity of this section of the Administrative subject. entrusted and ordered the viceroys, presidents, and
Code. This, therefore, becomes the paramount question governors to execute with great care and
which the court is called upon the decide. II. HISTORY. moderation the concentration of
the indios into reducciones; and to deal with their
Section 2145 of the Administrative Code of 1917 reads as A. BEFORE ACQUISITION OF THE PHILIPPINE BY THE doctrine with such forbearance and gentleness,
follows: UNITED STATES. without causing inconveniences, so that those who
would not presently settle and who would see the
good treatment and the protection of those already
SEC. 2145. Establishment of non-Christina upon The most important of the laws of the Indies having in settlements would, of their own accord, present
sites selected by provincial governor. — With the reference to the subject at hand are compiled in Book VI, themselves, and it is ordained that they be not
prior approval of the Department Head, the Title III, in the following language. required to pay taxes more than what is ordered.
provincial governor of any province in which non- Because the above has been executed in the
Christian inhabitants are found is authorized, when LAW I. greater part of our Indies, we hereby order and
such a course is deemed necessary in the interest decree that the same be complied with in all the
of law and order, to direct such inhabitants to take remaining parts of the Indies, and
up their habitation on sites on unoccupied public The Emperor Charles and the Prince, the governor,
the encomederos shall entreat compliance thereof
lands to be selected by him an approved by the at Cigales, on March 21, 1551. Philip II at Toledo,
in the manner and form prescribed by the laws of
provincial board. on February 19, 1560. In the forest of Segovia on
this title.
September 13, 1565. In the Escorial on November
10, 1568. Ordinance 149 of the poblaciones of
In connection with the above-quoted provisions, there should 1573. In San Lorenzo, on May 20, 1578, xxx xxx xxx
be noted section 2759 of the same Code, which read as
follows:
THAT THE "INDIOS" BE REDUCED INTO "POBLACIONES" LAW VIII.
COMMUNITIES).
SEC. 2759. Refusal of a non-Christian to take up
appointed habitation. — Any non-Christian who
 Philip II at the Pardo, on December 1, 1573. Philip or indios request such a change or consent to it by who deal, trade, live, and associate with the indios
III at Madrid, October 10, 1618. offering or giving information to that en. And, are men of troublesome nature, of dirty ways of
because these claims are often made for private living; robbers, gamblers, and vicious and useless
THE "REDUCCTIONES" BE MADE IN ACCORDANCE interests and not for those of the indios, we hereby men; and, to avoid the wrongs done them,
WITH THE CONDITIONS OF THIS LAW. order that this law be always complied with, the indios would leave their towns and provinces;
otherwise the change will be considered and the negroes, mestizos, and mulattoes, besides
fraudulently obtained. The penalty of one thousand maltreating them and utilizing their services,
The places wherein pesos shall be imposed upon the judge contaminate them with their bad customs, idleness,
the pueblos and reducciones shall be formed or encomendero who should violate this law. and also some of their blunders and vices which
should have the facilities of waters. lands, and may corrupt and pervert the goal which we desire to
mountains, ingress and egress, husbandry and reach with regard to their salvation, increase, and
passageway of one league long, wherein LAW XV.
tranquillity. We hereby order the imposition of grave
the indios can have their live stock that they may penalties upon the commission of the acts above-
not be mixed with those of the Spaniards. Philip III at Madrid, on October 10, 1618. mentioned which should not be tolerated in the
towns, and that the viceroys, presidents, governors,
LAW IX. THAT THERE BE MAYORS AND ALDERMEN IN THE and courts take great care in executing the law
"REDUCTIONES," WHO SHALL BE "INDIOS." within their powers and avail themselves of the
Philip II at Toledo, on February 19, 1956. cooperation of the ministers who are truly honest.
We order that in each town and reduccion there be As regards the mestizos and Indian and Chinese
a mayor, who should be an indio of the half-breeds (zambaigos), who are children
THAT THE "INDIOS" IN "REDUCCIONES" BE NOT of indias and born among them, and who are to
DEPRIVED OF THE LANDS PREVIOUSLY HELD BY same reduccion; if there be more than eighty
houses, there should be two mayors and two inherit their houses and haciendas, they all not be
THEM. affected by this law, it appearing to be a harsh thing
aldermen, also indios; and, even if the town be a
big one, there should, nevertheless, be more than to separate them from their parents. (Law of the
With more good-will and promptness, two mayors and four aldermen, If there be less than Indies, vol. 2, pp. 228, 229, 230, 231.)
the indios shall be concentrated in reducciones. eighty indios but not less than forty, there should be
Provided they shall not be deprived of the lands not more than one mayor and one alderman, who A clear exposition of the purposes of the Spanish
and granaries which they may have in the places should annually elect nine others, in the presence government, in its efforts to improve the condition of the less
left by them. We hereby order that no change shall of the priests , as is the practice in town inhabited advanced inhabitants of the Islands by concentrating them in
be made in this respect, and that they be allowed to by Spaniards and indios. "reducciones," is found in the Decree of the Governor-
retain the lands held by them previously so that General of the Philippine Islands of January 14, 1881,
they may cultivate them and profit therefrom. reading as follows:
LAW XXI.
xxx xxx xxx It is a legal principle as well as a national right that
Philip II, in Madrid, On May 2, 1563, and on
November 25, 1578. At Tomar, on May 8, 1581. At every inhabitant of a territory recognized as an
LAW XIII. Madrid, on January 10, 1589. Philip III, at integral part of a nation should respect and obey
Todesillas, on July 12, 1600. Philip IV, at Madrid, the laws in force therein; while, on other hand, it is
on October 1 and December 17, 1646. For this law the duty to conscience and to humanity for all
THE SAME AS ABOVE.
and the one following, see Law I, Tit. 4, Book 7. governments to civilize those backward races that
might exist in the nation, and which living in the
THAT THE "REDUCCIONES" BE NOT REMOVED obscurity of ignorance, lack of all the nations which
WITHOUT ORDER OF THE KING, VICEROY, OR COURT. THAT IN THE TOWNS OF THE "INDIOS," THERE SHALL enable them to grasp the moral and material
LIVE NO SPANIARDS, NEGROES, "MESTIZOS," AND advantages that may be acquired in those towns
No governor, or magistrate, or alcalde mayor, or MULATTOES. under the protection and vigilance afforded them by
any other court, has the right to alter or to remove the same laws.
the pueblos or the reducciones once constituted We hereby prohibit and forbid Spaniards, negroes,
and founded, without our express order or that of mulattores, or mestizos to live to live in It is equally highly depressive to our national honor
the viceroy, president, or the royal district court, the reducciones and towns and towns of the indios, to tolerate any longer the separation and isolation
provided, however, that the encomenderos, priests, because it has been found that some Spaniards of the non-Christian races from the social life of the
civilized and Christian towns; to allow any longer DECREE. their dwelling-houses; and only in case of absolute
the commission of depredations, precisely in the necessity shall a new residence be fixed for them,
Island of Luzon wherein is located the seat of the 1. All the indian inhabitants (indios) of the Islands of choosing for this purpose the place most
representative of the Government of the, Luzon are, from this date, to be governed by the convenient for them and which prejudices the least
metropolis. common law, save those exceptions prescribed in their interest; and, in either of these cases, an effort
this decree which are bases upon the differences of must be made to establish their homes with the
It is but just to admit the fact that all the instructions, of the customs, and of the necessities reach of the sound of the bell.
governments have occupied themselves with this of the different pagan races which occupy a part of
most important question, and that much has been its territory. 5. For the protection and defense of these new
heretofore accomplished with the help and self- towns, there shall be established an armed force
denial of the missionary fathers who have even 2. The diverse rules which should be promulgated composed precisely of native Christian, the
sacrificed their lives to the end that those for each of these races — which may be divided organization and service of which shall be
degenerate races might be brought to the principles into three classes; one, which comprises those determined in a regulations based upon that of the
of Christianity, but the means and the preaching which live isolated and roaming about without abolished Tercios de Policia (division of
employed to allure them have been insufficient to forming a town nor a home; another, made up of the Guardia Civil).
complete the work undertaken. Neither have the those subdued pagans who have not as yet entered
punishments imposed been sufficient in certain completely the social life; and the third, of those 6. The authorities shall see to it that the inhabitants
cases and in those which have not been guarded mountain and rebellious pagans — shall be of the new towns understand all the rights and
against, thus giving and customs of isolation. published in their respective dialects, and the duties affecting them and the liberty which they
officials, priests, and missionaries of the provinces have as to where and now they shall till their lands
As it is impossible to consent to the continuation of wherein they are found are hereby entrusted in the and sell the products thereof, with the only
such a lamentable state of things, taking into work of having these races learn these rules. These exception of the tobacco which shall be bought by
account the prestige which the country demands rules shall have executive character, beginning with the Hacienda at the same price and conditions
and the inevitable duty which every government the first day of next April, and, as to their allowed other producers, and with the prohibition
has in enforcing respect and obedience to the compliance, they must be observed in the manner against these new towns as well as the others from
national laws on the part of all who reside within the prescribed below. engaging in commerce of any other transaction with
territory under its control, I have proceeded in the the rebellious indios, the violation of which shall be
premises by giving the most careful study of this 3. The provincial authorities in conjunction with the punished with deportation.
serious question which involves important interests priests shall proceed, from now on, with all the
for civilization, from the moral and material as well means which their zeal may suggest to them, to the 7. In order to properly carry out this express
as the political standpoints. After hearing the taking of the census of the inhabitants of the towns prohibition, the limits of the territory of the
illustrious opinions of all the local authorities, or settlement already subdued, and shall adopt the rebellious indios shall be fixed; and whoever should
ecclesiastics, and missionaries of the provinces of necessary regulations for the appointment of local go beyond the said limits shall be detained and
Northern Luzon, and also after finding the authorities, if there be none as yet; for the assigned governmentally wherever convenient.
unanimous conformity of the meeting held with the construction of courts and schools, and for the
Archbishop of Manila, the Bishops of Jaro and opening or fixing up of means of communication,
Cebu, and the provincial prelates of the orders of 8. For the purpose of assisting in the conversion of
endeavoring, as regards the administrative the pagans into the fraternity of the Catholic
the Dominicans, Agustinians, Recoletos, organization of the said towns or settlements, that
Franciscans, and Jesuits as also of the meeting of Church, all by this fact along be exempt for eight
this be finished before the first day of next July, so years from rendering personal labor.
the Council of Authorities, held for the object so that at the beginning of the fiscal year they shall
indicated, I have arrived at an intimate conviction of have the same rights and obligations which affect
the inevitable necessity of proceeding in a practical the remaining towns of the archipelago, with the 9. The authorities shall offer in the name of the
manner for the submission of the said pagan and only exception that in the first two years they shall State to the races not subdued (aetas and
isolated races, as well as of the manner and the not be obliged to render personal services other mountains igorrots the following advantages in
only form of accomplishing such a task. than those previously indicated. returns for their voluntary submission: to live in
towns; unity among their families; concession of
For the reasons above stated and for the purpose good lands and the right to cultivate them in the
4. So long as these subdued towns or settlements manner they wish and in the way them deem most
of carrying out these objects, I hereby promulgate are located infertile lands appropriate for cultivation,
the following: productive; support during a year, and clothes upon
the inhabitants thereof shall not be obliged to move
effecting submission; respect for their habits and 12. The chiefs of provinces, priests, and In dealing with the uncivilized tribes of the Islands,
customs in so far as the same are not opposed to missioners, local authorities, and other the Commission should adopt the same course
natural law; freedom to decide of their own accord subordinates to my authorities, local authorities, followed by Congress in permitting the tribes of our
as to whether they want to be Christians or not; the and other subordinates to may authority, civil as North American Indians to maintain their tribal
establishment of missions and families of well as military authorities, shall give the most organization and government and under which
recognized honesty who shall teach, direct, protect, effective aid and cooperation to the said forces in many of these tribes are now living in peace and
and give them security and trust them; the all that is within the attributes and the scope of the contentment, surrounded by civilization to which
purchase or facility of the sale of their harvests; the authority of each. they are unable or unwilling to conform. Such tribal
exemption from contributions and tributes for ten governments should, however, be subjected to wise
years and from the quintas (a kind of tax) for twenty 13. With respect to the reduccion of the pagan and firm regulation; and, without undue or petty
years; and lastly, that those who are governed by races found in some of the provinces in the interference, constant and active effort should be
the local authorities as the ones who elect such southern part of the Archipelago, which I intend to exercised to prevent barbarous practices and
officials under the direct charge of the authorities of visit, the preceding provisions shall conveniently be introduce civilized customs.
the province or district. applied to them.
Next comes the Philippine Bill, the Act of Congress of July 1,
10. The races indicated in the preceding article, 14. There shall be created, under my presidency as 1902, in the nature of an Organic Act for the Philippines. The
who voluntarily admit the advantages offered, shall, Governor-General, Vice-Royal Patron, a council or purpose of section 7 of the Philippine Bill was to provide for
in return, have the obligation of constituting their permanent commission which shall attend to and a legislative body and, with this end in view, to name the
new towns, of constructing their town hall, schools, decide all the questions relative to the application of prerequisites for the organization of the Philippine Assembly.
and country roads which place them in the foregoing regulations that may be brought to it The Philippine Legislature, composed of the Philippine
communication with one another and with the for consultations by the chiefs of provinces and Commission and the Philippine Assembly, was to have
Christians; provided, the location of these towns be priests and missionaries. jurisdiction over the Christian portion of the Islands. The
distant from their actual residences, when the latter Philippine Commission was to retain exclusive jurisdiction of
do not have the good conditions of location and that part of said Islands inhabited by Moros or other non-
cultivations, and provided further the putting of 15. The secondary provisions which may be Christian tribes.
families in a place so selected by them be necessary, as a complement to the foregoing, in
authorized in the towns already constituted. brining about due compliance with this decree, shall
be promulgated by the respective official centers The latest Act of Congress, nearest to a Constitution for the
within their respective jurisdictions. (Gaceta de Philippines, is the Act of Congress of August 29, 1916,
11. The armed force shall proceed to the Manila, No. 15) (Diccionario de la Administracion, commonly known as the Jones Law. This transferred the
prosecution and punishment of the tribes, that, vol. 7, pp. 128-134.) exclusive legislative jurisdiction and authority theretofore
disregarding the peace, protection, and advantages exercised by the Philippine Commission, to the Philippine
offered them, continue in their rebellious attitude on Legislature (sec. 12). It divided the Philippine Islands into
the first of next April, committing from now on the B. AFTER ACQUISITON OF THE PHILIPPINES BY THE twelve senatorial districts, the twelfth district to be composed
crimes and vexations against the Christian towns; UNITED STATES. of the Mountain Province, Baguio, Nueva Vizcaya, and the
and for the this purposes, the Captain General's Department of Mindanao and Sulu. The Governor-General of
Office shall proceed with the organization of the Ever since the acquisition of the Philippine Islands by the the Philippine Islands was authorized to appoint senators
divisions of the Army which, in conjunction with the United States, the question as to the best method for dealing and representatives for the territory which, at the time of the
rural guards (cuadrilleros), shall have to enter the with the primitive inhabitants has been a perplexing one. passage of the Jones Law, was not represented in the
territory of such tribes. On the expiration of the Philippine Assembly, that is, for the twelfth district (sec. 16).
term, they shall destroy their dwelling-houses, 1. Organic law. The law establish a bureau to be known as the "Bureau of
labors, and implements, and confiscate their non-Christian Tribes" which shall have general supervision
products and cattle. Such a punishment shall over the public affairs of the inhabitants which are
necessarily be repeated twice a year, and for this The first order of an organic character after the inauguration represented in the Legislature by appointed senators and
purpose the military headquarters shall immediately of the American Government in the Philippines was representatives( sec. 22).
order a detachment of the military staff to study the President McKinley's Instructions to the Commission of April
zones where such operations shall take place and 7, 1900, later expressly approved and ratified by section 1 of
the Philippine Bill, the Act of Congress of July 1, 1902. Philippine organic law may, therefore, be said to recognized
everything conducive to the successful a dividing line between the territory not inhabited by Moros
accomplishment of the same. Portions of these instructions have remained undisturbed by
subsequent congressional legislation. One paragraph of or other non-Christian tribes, and the territory which Moros
particular interest should here be quoted, namely:
or other non-Christian tribes, and the territory which is Interior, in dealing with these Manguianes to Enacted, December 4, 1902.
inhabited by Moros or other non-Christian tribes. appoint officers from among them, to fix their
designations and badges of office, and to prescribe All of these special laws, with the exception of Act No. 1306,
2. Statute law. their powers and duties: Provided, That the powers were repealed by Act No. 1396 and 1397. The last named
and duties thus prescribed shall not be in excess of Act incorporated and embodied the provisions in general
those conferred upon township officers by Act language. In turn, Act No. 1397 was repealed by the
Local governments in the Philippines have been provided for Numbered Three hundred and eighty-seven entitled
by various acts of the Philippine Commission and Administrative Code of 1916. The two Administrative Codes
"An Act providing for the establishment of local civil retained the provisions in questions.
Legislature. The most notable are Acts Nos. 48 and 49 Governments in the townships and settlements of
concerning the Province of Benguet and the Igorots; Act NO. Nueva Vizcaya."
82, the Municipal Code; ;Act no. 83, the Provincial These different laws, if they of the non-Christian inhabitants
Government Act; Act No. 183, the Character of the city of of the Philippines and a settled and consistent practice with
Manila; Act No. 7887, providing for the organization and SEC. 2. Subject to the approval of the Secretary of reference to the methods to be followed for their
government of the Moro Province; Act No. 1396, the Special the Interior, the provincial governor is further advancement.
Provincial Government Act; Act No. 1397, the Township authorized, when he deems such a course
Government Act; Act No. 1667, relating to the organization necessary in the interest of law and order, to direct
such Manguianes to take up their habitation on C. TERMINOLOGY.
of settlements; Act No. 1963, the Baguio charger; and Act
No. 2408, the Organic Act of the Department of Mindanao sites on unoccupied public lands to be selected by
and Sulu. The major portion of these laws have been carried him and approved by the provincial board. The terms made use of by these laws, organic and statutory,
forward into the Administrative Codes of 1916 an d1917. Manguianes who refuse to comply with such are found in varying forms.
directions shall upon conviction be imprisonment for
a period not exceeding sixty days. "Uncivilized tribes" is the denomination in President
Of more particular interest are certain special laws
concerning the government of the primitive peoples. McKinley's instruction to the Commission.
Beginning with Act No. 387, sections 68-71, enacted on April SEC. 3. The constant aim of the governor shall be
9, 1902, by the United States Philippine Commission, having to aid the Manguianes of his province to acquire the The most commonly accepted usage has sanctioned the
reference to the Province of Nueva Vizcaya, Acts Nos. 4111, knowledge and experience necessary for term "non-Christian tribes." These words are to be found in
422, 445, 500, 547, 548, 549, 550, 579, 753, 855, 1113, successful local popular government, and his section 7 of the Philippine Bill and in section 22 of the Jones
1145, 4568, 1306 were enacted for the provinces of Abra, supervision and control over them shall be Law. They are also to be found in Act No. 253 of the
Antique, Bataan, Ilocos Norte, Ilocos Sur, Isabela. Lepanto- exercised to this end, an to the end that law and Philippines Commission, establishing a Bureau of non-
Bontoc, Mindoro, Misamis, Nueva Vizcaya, Pangasinan, order and individual freedom shall be maintained. Christian Tribes and in Act No. 2674 of the Philippine
Paragua (Palawan), Tarlac, Tayabas, and Zambales. As an Legislature, carried forward into sections 701-705 of the
example of these laws, because referring to the SEC. 4. When in the opinion of the provincial board Administrative Code of 1917, reestablishing this Bureau.
Manguianes, we insert Act No. 547: of Mindoro any settlement of Manguianes has Among other laws which contain the phrase, there can be
advanced sufficiently to make such a course mentioned Acts Nos. 127, 128, 387, 547, 548, 549, 550,
No. 547. — AN ACT PROVIDING FOR practicable, it may be organized under the 1397, 1639, and 2551.
THE ESTABLISHMENT OF LOCAL CIVIL provisions of sections one to sixty-seven, inclusive,
GOVERNMENTS FOR THE of Act Numbered three hundred and eighty-seven, "Non-Christian people," "non-Christian inhabitants," and
MANGUIANES IN THE PROVINCE OF as a township, and the geographical limits of such "non-Christian Filipinos" have been the favorite
MINDORO. township shall be fixed by the provincial board. nomenclature, in lieu of the unpopular word "tribes," since
the coming into being of a Filipinized legislature. These
By authority of the United States, be it enacted by SEC. 5. The public good requiring the speedy terms can be found in sections 2076, 2077, 2390, 2394,
the Philippine Commission, that: enactment of this bill, the passage of the same is Administrative Code of 1916; sections 701-705, 2145, 2422,
hereby expedited in accordance with section two of 2426, Administrative Code of 1917; and in Acts Nos. 2404,
'An Act prescribing the order of procedure by the 2435, 2444, 2674 of the Philippine Legislatures, as well as in
SECTION 1. Whereas the Manguianes of the Commission in the enactment of laws,' passed Act No. 1667 of the Philippine Commission.
Provinces of Mindoro have not progressed September twenty-sixth, nineteen hundred.
sufficiently in civilization to make it practicable to
bring them under any form of municipal The Administrative Code specifically provides that the term
government, the provincial governor is authorized, SEC. 6. This Act shall take effect on its passage. "non-Christian" shall include Mohammedans and pagans.
subject to the approval of the Secretary of the (Sec. 2576, Administrative Code of 1917; sec. 2561,
Administrative Code of 1916, taken from Act No. 2408, sec. It is well-known that within the specially organized provinces, wife in the act of adultery. In discussing the point, the court
3.) there live persons some of who are Christians and some of makes use of the following language:
whom are not Christians. In fact, the law specifically
D. MEANING OF TERM "NON-CHRISTIAN." recognizes this. ( Sec. 2422, Administrative Code of 1917, . . . we are not advised of any provision of law
etc.) which recognizes as legal a tribal marriage of so-
If we were to follow the literal meaning of the word "non- called non-Christians or members of uncivilized
Christian," it would of course result in giving to it a religious If the religious conception is not satisfactory, so against the tribes, celebrated within that province without
signification. Obviously, Christian would be those who geographical conception is likewise inadquate. The reason it compliance with the requisites prescribed by
profess the Christian religion, and non-Christians, would be that the motive of the law relates not to a particular people, General Orders no. 68. . . . We hold also that the
those who do not profess the Christian religion. In partial because of their religion, or to a particular province because fact that the accused is shown to be a member of
corroboration of this view, there could also be cited section of its location, but the whole intent of the law is predicated n an uncivilized tribe, of a low order of intelligence,
2576 of the last Administrative Code and certain well-known the civilization or lack of civilization of the inhabitants. uncultured and uneducated, should be taken into
authorities, as Zuñiga, "Estadismo de las Islas Filipinas," consideration as a second marked extenuating
Professor Ferdinand Blumentritt, "Philippine Tribes and At most, "non-Christian" is an awkward and unsatisfactory circumstance.
Languages," and Dr. N. M. Saleeby, "The Origin of Malayan word. Apologetic words usually introduce the term. "The so-
Filipinos." (See Blair & Robertson, "The Philippine Islands," called non-Christian" is a favorite expression. The Secretary Of much more moment is the uniform construction of
1493-1898, vol. III, p. 300, note; Craig-Benitez, "Philippine of the Interior who for so many years had these people execution officials who have been called upon to interpret
Progress prior to 1898," vol. I. p. 107.) under his jurisdiction, recognizing the difficulty of selecting and enforce the law. The official who, as a member of the
an exact designation, speaks of the "backward Philippine Philippine Commission, drafted much of the legislation
Not content with the apparent definition of the word, we shall peoples, commonly known as the 'non-Christian tribes."' relating to the so-called Christians and who had these
investigate further to ascertain what is its true meaning. (See Hearings before the Committee on the Philippines, people under his authority, was the former Secretary of the
United States Senate, Sixty-third Congress, third session on Interior. Under date of June 30, 1906, this official addressed
H.R. 18459, An Act to declare the purpose of the People of a letter to all governor of provinces, organized under the
In one sense, the word can have a geographical the United States as to the future political status of the Special Provincial Government Act, a letter which later
signification. This is plainly to be seen by the provisions of Philippine Islands and to provide a more autonomous received recognition by the Governor-General and was
many laws. Thus, according to the Philippine Bill, the government for the Islands, pp. 346, 351; letter of the circulated by the Executive Secretary, reading as follows:
authority of the Philippine Assembly was recognized in the Secretary of the Interior of June 30, 1906, circulated by the
"territory" of the Islands not inhabited by Moros or other non- Executive Secretary.)
Christian tribes. Again, the Jones Law confers similar Sir: Within the past few months, the question has
recognition in the authorization of the twelfth senatorial arisen as to whether people who were originally
district for the "territory not now represented in the Philippine The idea that the term "non-Christian" is intended to relate to non-Christian but have recently been baptized or
Assembly." The Philippines Legislature has, time and again, degree of civilization, is substantiated by reference to who are children of persons who have been
adopted acts making certain other acts applicable to that legislative, judicial, and executive authority. recently baptized are, for the purposes of Act 1396
"part" of the Philippine Islands inhabited by Moros or other and 1397, to be considered Christian or non-
non-Christian tribes. The legislative intent is borne out by Acts Nos. 48, 253, 387, Christians.
1667, and 2674, and sections 701 et seq, and sections
Section 2145, is found in article XII of the Provincial Law of 2422 et seq, of the Administrative Code of 1917. For It has been extremely difficult, in framing legislation
the Administrative Code. The first section of this article, instance, Act No. 253 charged the Bureau of non-Christian for the tribes in these islands which are not
preceding section 2145, makes the provisions of the article tribes to conduct "systematic investigations with reference to advanced far in civilization, to hit upon any suitable
applicable only in specially organized provinces. The non-Christian tribes . . . with special view to determining the designation which will fit all cases. The number of
specially organized provinces are the Mountain Province, most practicable means for bringing about their individual tribes is so great that it is almost out of
Nueva Vizcaya, Mindoro, Batanes, and Palawan. These are advancement in civilization and material property prosperity." the question to enumerate all of them in an Act. It
the provinces to which the Philippine Legislature has never was finally decided to adopt the designation 'non-
seen fit to give all the powers of local self-government. They As authority of a judicial nature is the decision of the Christians' as the one most satisfactory, but the real
do not, however, exactly coincide with the portion of the Supreme Court in the case of United States vs. Tubban purpose of the Commission was not so much to
Philippines which is not granted popular representation. [Kalinga] ([1915], 29, Phil., 434). The question here arose as legislate for people having any particular religious
Nevertheless, it is still a geographical description. to the effect of a tribal marriage in connection with article 423 belief as for those lacking sufficient advancement
of the Penal code concerning the husband who surprises his so that they could, to their own advantage, be
brought under the Provincial Government Act and
the Municipal Code.
 The mere act of baptism does not, of course, in Collector of Internal Revenue can be found in circular letter On September 17, 1910, the Collector of Internal Revenue
itself change the degree of civilization to which the No. 188 of the Bureau of Internal Revenue, dated June 11, addressed circular letter No. 327, approved by the Secretary
person baptized has attained at the time the act of 1907, reading as follows (Internal Revenue Manual, p. 214): of Finance and Justice, to all provincial treasurers. This letter
baptism is performed. For practical purposes, in part reads:
therefore, you will give the member of so-called The internal revenue law exempts "members of
"wild tribes" of your province the benefit of the non-Christian tribes" from the payment of cedula In view of the many questions that have been
doubt even though they may recently have taxes. The Collector of Internal Revenue has raised by provincial treasurers regarding cedula
embraced Christianity. interpreted this provision of law to mean not that taxes due from members of non-Christian tribes
persons who profess some form of Christian when they come in from the hills for the purposes of
The determining factor in deciding whether they are worship are alone subject to the cedula tax, and settling down and becoming members of the body
to be allowed to remain under the jurisdiction of that all other person are exempt; he has interpreted politic of the Philippine Islands, the following
regularly organized municipalities or what form of it to mean that all persons preserving tribal relations clarification of the laws governing such questions
government shall be afforded to them should be the with the so-called non-Christian tribes are exempt and digest of rulings thereunder is hereby published
degree of civilization to which they have attained from the cedula tax, and that all others, including for the information of all concerned:
and you are requested to govern yourself Jews, Mohammedans, Confucians, Buddists, etc.,
accordingly. are subject to said tax so long as they live in cities Non-Christian inhabitants of the Philippine Islands
or towns, or in the country in a civilized condition. In are so classed, not by reason of the fact that they
I have discussed this matter with the Honorable, the other words, it is not so much a matter of a man's do not profess Christianity, but because of their
Governor-General, who concurs in the opinion form of religious worship or profession that decides uncivilized mode of life and low state of
above expressed and who will have the necessary whether or not he is subject to the cedula tax; it is development. All inhabitants of the Philippine
instructions given to the governors of the provinces more dependent on whether he is living in a Islands classed as members of non-Christian tribes
organized under the Provincial Government Act. civilized manner or is associated with the mountain may be divided into three classes in so far as the
(Internal Revenue Manual, p. 214.) tribes, either as a member thereof or as a recruit. cedula tax law is concerned . . .
So far, this question has not come up as to whether
a Christian, maintaining his religious belief, but
The present Secretary of the Interior, in a memorandum throwing his lot and living with a non-Christian tribe, Whenever any member of an non-Christian tribe
furnished a member of this court, has the following to say on would or would not be subject to the cedula tax. On leaves his wild and uncivilized mode of life, severs
the subject: one occasion a prominent Hebrew of Manila whatever tribal relations he may have had and
claimed to this office that he was exempt from the attaches himself civilized community, belonging a
As far as names are concerned the classification is cedula tax, inasmuch as he was not a Christian. member of the body politic, he thereby makes
indeed unfortunate, but while no other better This Office, however, continued to collect cedula himself subject to precisely the same law that
classification has as yet been made the present taxes from all the Jews, East Indians, Arabs, governs the other members of that community and
classification should be allowed to stand . . . I Chinamen, etc., residing in Manila. Quite a large from and after the date when he so attaches
believe the term carries the same meaning as the proportion of the cedula taxes paid in this city are himself to the community the same cedula and
expressed in the letter of the Secretary of the paid by men belonging to the nationalities other taxes are due from him as from other
Interior (of June 30, 1906, herein quoted). It is mentioned. Chinamen, Arabs and other s are quite members thereof. If he comes in after the expiration
indicative of the degree of civilization rather than of widely scattered throughout the Islands, and a of the delinquency period the same rule should
religious denomination, for the hold that it is condition similar to that which exist in Manila also apply to him as to persons arriving from foreign
indicative of religious denomination will make the exists in most of the large provincial towns. Cedula countries or reaching the age of eighteen
law invalid as against that Constitutional guaranty taxes are therefore being collected by this Office in subsequent to the expiration of such period, and a
of religious freedom. all parts of these Islands on the broad ground that regular class A, D, F, or H cedula, as the case may
civilized people are subject to such taxes, and non- be, should be furnished him without penalty and
civilized people preserving their tribal relations are without requiring him to pay the tax for former
Another official who was concerned with the status of the years.
non-Christians, was the Collector of Internal Revenue. The not subject thereto.
question arose for ruling relatives to the cedula taxation of
the Manobos and the Aetas. Thereupon, the view of the (Sgd.) JNO. S. HORD, In conclusion, it should be borne in mind that the
Secretary of the Interior was requested on the point, who, by Collector of Internal Revenue. prime factors in determining whether or not a man
return indorsement, agreed with the interpretation of the is subject to the regular cedula tax is not the
Collector of Internal Revenue. This Construction of the circumstance that he does or does not profess
Christianity, nor even his maintenance of or failure
 to maintain tribal relations with some of the well purchasing intoxicating liquors both he and the Tribes. (Census of the Philippine Islands [1903], vol. 1, pp.
known wild tribes, but his mode of life, degree of person selling the same make themselves liable to 411 et seq). The present Director of the Census, Hon.
advancement in civilization and connection or lack prosecution under the provisions of Act No. 1639. Ignacio Villamor, writes that the classification likely to be
of connection with some civilized community. For At least, I advise you that these should be the used in the Census now being taken is: "Filipinos and
this reason so called "Remontados" and constructions place upon the law until a court shall Primitive Filipinos." In a Pronouncing Gazetteer and
"Montescos" will be classed by this office as hold otherwise. Geographical Dictionary of the Philippine Islands, prepared
members of non-Christian tribes in so far as the in the Bureau of Insular Affairs, War Department, a sub-
application of the Internal Revenue Law is Solicitor-General Paredes in his brief in this case says: division under the title non-Christian tribes is, "Physical and
concerned, since, even though they belong to no Political Characteristics of the non-Christian Tribes," which
well recognized tribe, their mode of life, degree of sufficiently shows that the terms refers to culture and not to
advancement and so forth are practically the same With respect to the meaning which the phrase non- religion.
as those of the Igorrots and members of other Christian inhabitants has in the provisions of the
recognized non-Christina tribes. Administrative code which we are studying, we
submit that said phrase does not have its natural In resume, therefore, the Legislature and the Judiciary,
meaning which would include all non-Christian inferentially, and different executive officials, specifically, join
Very respectfully, inhabitants of the Islands, whether Filipino or in the proposition that the term "non-Christian" refers, not to
strangers, civilized or uncivilized, but simply refers religious belief, but, in a way , to geographical area, and,
(Sgd.) to those uncivilized members of the non-Christian more directly, to natives of the Philippine Islands of a law
ELLIS CROMWELL, tribes of the Philippines who, living without home or grade of civilization, usually living in tribal relationship apart
Collector of Internal fixed residence, roam in the mountains, beyond the from settled communities.
Revenue, reach of law and order . . .
E. THE MANGUIANES.
Approved: The Philippine Commission in denominating in its
(Sgd.) GREGORIO ARANETA, laws that portion of the inhabitants of the The so-called non-Christians are in various state
Secretary of Finance and Justice. Philippines which live in tribes as non-Christian approaching civilization. The Philippine Census of 1903
tribes, as distinguished from the common Filipinos divided them into four classes. Of the third class, are the
The two circular above quoted have since been repealed by which carry on a social and civilized life, did not Manguianes (or Mangyans) of Mindoro.
Bureau of Internal Revenue Regulations No. 1, promulgated intended to establish a distinction based on the
by Venancio Concepcion, Acting Collector of Internal religious beliefs of the individual, but, without Of the derivation of the name "Manguian" Dr. T. H. Pardo de
Revenue, and approved on April 16, 1915, by Honorable dwelling on the difficulties which later would be Tavera in his Etimilogia de los nombres de Rozas de
Victorino Mapa, Secretary of Finance and Justice. Section occasioned by the phrase, adopted the expression Filipinas, says:
30 of the regulations is practically a transcript of Circular which the Spanish legislation employed to
Letter No. 327. designate the uncivilized portion of the inhabitants
of the Philippines. In Tagalog, Bicol, and Visaya, Manguian signifies
"savage," "mountainer," "pagan," "negro." It may be
The subject has come before the Attorney-General for that the use of this word is applicable to a great
consideration. The Chief of Constabulary request the opinion The phrase 'non-Christian inhabitants' used in the number of Filipinos, but nevertheless it has been
of the Attorney-General as to the status of a non-Christian provisions of articles 2077 and 2741 of Act No. applied only to certain inhabitants of Mindoro. Even
who has been baptized by a minister of the Gospel. The 2657 (articles 2145 and 2759) should be in primitive times without doubt this name was
precise questions were these: "Does he remain non- understood as equivalent to members of uncivilized given to those of that island who bear it to-day, but
Christian or is he entitled to the privileges of a Christian? By tribes of the Philippines, not only because this is the its employed in three Filipino languages shows that
purchasing intoxicating liquors, does he commit an infraction evident intention of the law, but because to give it the radical ngian had in all these languages a
of the law and does the person selling same lay himself its lateral meaning would make the law null and sense to-day forgotten. In Pampango this ending
liable under the provision of Act No. 1639?" The opinion of unconstitutional as making distinctions base the still exists and signifies "ancient," from which we
Attorney-General Avanceña, after quoting the same religion of the individual. can deduce that the name was applied to men
authorities hereinbefore set out, concludes: considered to be the ancient inhabitants, and that
The Official Census of 1903, in the portion written by no less these men were pushed back into the interior by the
In conformity with the above quoted constructions, an authority than De. David P. Barrows, then "Chief of the modern invaders, in whose language they were
it is probable that is probable that the person in Bureau of non-Christian Tribes," divides the population in the called the "ancients."
question remains a non-Christian, so that, in Christian or Civilized Tribes, and non-Christian or Wild
The Manguianes are very low in culture. They have to indicate a brief history of the position of the Indians in the States where they are found are often their
considerable Negrito blood and have not advanced beyond United States (a more extended account of which can be deadliest enemies. From their very weakness and
the Negritos in civilization. They are a peaceful, timid, found in Marshall's opinion in Worcester vs. Georgia, supra), helplessness, so largely due to the course of
primitive, semi-nomadic people. They number approximately as follows: dealing of the Federal Government with them and
15,000. The manguianes have shown no desire for the treaties in which it has been promised, there
community life, and, as indicated in the preamble to Act No. The relation of the Indian tribes living within the arise the duty of protection, and with it the power.
547, have not progressed sufficiently in civilization to make it borders of the United States, both before and since This has always been recognized by the Executive
practicable to bring them under any form of municipal the Revolution, to the people of the United States, and by Congress, and by this court, whenever the
government. (See Census of the Philippine (Islands [1903], has always been an anomalous one and of a question has arisen . . . The power of the General
vol. I, pp. 22, 23, 460.) complex character. Government over these remnants of race once
powerful, now weak and diminished in numbers, is
III. COMPARATIVE — THE AMERICAN INDIANS. necessary to their protection, as well as to the
Following the policy of the European Governments safety of those among whom they dwell. it must
in the discovery of American towards the Indians exist in that government, because it never has
Reference was made in the Presidents' instructions to the who were found here, the colonies before the existed anywhere else, because the theater of its
Commission to the policy adopted by the United States for Revolution and the States and the United States exercise is within the geographical limits of the
the Indian Tribes. The methods followed by the Government since, have recognized in the Indians a possessory United States, because it has never been denied,
of the Philippines Islands in its dealings with the so-called right to the soil over which they roamed and hunted and because it alone can enforce its laws on all the
non-Christian people is said, on argument, to be practically and established occasional villages. But they tribes.
identical with that followed by the United States Government asserted an ultimate title in the land itself, by which
in its dealings with the Indian tribes. Valuable lessons, it is the Indian tribes were forbidden to sell or transfer it
insisted, can be derived by an investigation of the American- to other nations or peoples without the consent of In the later case of United States vs. Sandoval ([1913], 231
Indian policy. this paramount authority. When a tribe wished to U.S., 28) the question to be considered was whether the
dispose of its lands, or any part of it, or the State or status of the Pueblo Indians and their lands was such that
the United States wished to purchase it, a treaty Congress could prohibit the introduction of intoxicating liquor
From the beginning of the United States, and even before, into those lands notwithstanding the admission of New
the Indians have been treated as "in a state of pupilage." with the tribe was the only mode in which this could
be done. The United States recognized no right in Mexico to statehood. The court looked to the reports of the
The recognized relation between the Government of the different superintendent charged with guarding their interests
United States and the Indians may be described as that of private persons, or in other nations, to make such a
purchase by treaty or otherwise. With the Indians and founds that these Indians are dependent upon the
guardian and ward. It is for the Congress to determine when fostering care and protection of the government "like
and how the guardianship shall be terminated. The Indians themselves these relation are equally difficult to
define. They were, and always have been, reservation Indians in general." Continuing, the court said
are always subject to the plenary authority of the United "that during the Spanish dominion, the Indians of
States. regarded as having a semi-independent position
when they preserved their tribal relations; not as the pueblos were treated as wards requiring special
States, not as nation not a possessed of the fall protection, where subjected to restraints and official
Chief Justice Marshall in his opinion in attributes of sovereignty, but as a separate people, supervisions in the alienation of their property." And finally,
Worcester vs. Georgia, hereinbefore mentioned, tells how with the power of regulating their internal and social we not the following: "Not only does the Constitution
the Congress passed an Act in 1819 "for promoting those relations, and thus far not brought under the laws of expressly authorize Congress to regulate commerce with the
humane designs of civilizing the neighboring Indians." After the Union or of the State within whose limits they Indians tribes, but long-continued legislative and executive
quoting the Act, the opinion goes on — "This act avowedly resided. usage and an unbroken current of judicial decisions have
contemplates the preservation of the Indian nations as an attributed to the United States as a superior and civilized
object sought by the United States, and proposes to effect nation the power and the duty of exercising a fostering care
this object by civilizing and converting them from hunters into The opinion then continues: and protection over all dependent Indian communities within
agriculturists." its borders, whether within its original territory or territory
It seems to us that this (effect of the law) is within subsequently acquired, and whether within or without the
A leading case which discusses the status of the Indians is the competency of Congress. These Indian limits of a state."
that of the United States vs. Kagama ([1886], 118 U.S., 375). tribes are the wards of the nation. The are
Reference is herein made to the clause of the United States communities dependent on the United States. With reference to laws affecting the Indians, it has been held
Constitution which gives Congress "power to regulate dependent largely for their daily food. Dependent that it is not within the power of the courts to overrule the
commerce with foreign nations, and among the several for their political rights. They owe no allegiance to judgment of Congress. For very good reason, the subject
States, and with the Indian tribes." The court then proceeds the States, and receive from the no protection. has always been deemed political in nature, not subject to
Because of the local ill feeling, the people of the
the jurisdiction of the judicial department of the government. said order, he had caused the relators to be arrested on the and the pursuit of happiness," so long as they obey
(Matter of Heff [1905], 197 U.S., 488; U.S. vs. Celestine Omaha Indian Territory. the laws and do not trespass on forbidden ground.
[1909], 215 U.S., 278; U.S. vs. Sandoval, supra; And,
Worcester vs. Georgia, supra; U.S. vs. Rogers [1846], 4 The first question was whether an Indian can test the validity
How., 567; the Cherokee Tobacco [1871], 11 Wall, 616; of an illegal imprisonment by habeas corpus. The second 5. Being restrained of liberty under color of authority
Roff vs. Burney [1897], 168 U.S., 218; Thomas vs. Gay question, of much greater importance, related to the right of of the United States, and in violation of the laws
[1898], 169 U.S.., 264; Lone Wolf vs. Hitchcock[1903], 187 the Government to arrest and hold the relators for a time, for thereof, the relators must be discharged from
U.S., 553; Wallace vs. Adams [1907], 204 U.S., 415; the purpose of being returned to the Indian Territory from custody, and it is so ordered.
Conley vs. Bollinger [1910], 216 U.S., 84; Tiger vs. Western which it was alleged the Indian escaped. In discussing this
Invest. Co. [1911], 221 U.S., 286; U.S. vs. Lane [1913], 232 question, the court reviewed the policy the Government had
U.S.., 598; Cyr vs. Walker (1911], 29 Okla, 281; 35 L.R.A. As far as the first point is concerned, the decision just quoted
adopted in its dealing with the friendly tribe of Poncase. could be used as authority to determine that Rubi, the
[N. S.], 795.) Whenever, therefore, the United States sets Then, continuing, the court said: "Laws passed for the
apart any public land as an Indian reservation, it has full Manguian petitioner, a Filipino, and a citizen of the Philippine
government of the Indian country, and for the purpose of Islands, is a "person" within the meaning of the Habeas
authority to pass such laws and authorize such measures as regulating trade and intercourse with the Indian tribes, confer
may be necessary to give to the Indians thereon full Corpus Act, and as such, entitled to sue out a writ in the
upon certain officers of the Government almost unlimited Philippine courts. (See also In re Race Horse [1895], 70
protection in their persons and property. (U.S. vs. Thomas power over the persons who go upon the reservations
[1894], 151 U.S., 577.) Fed., 598.) We so decide.
without lawful authority . . . Whether such an extensive
discretionary power is wisely vested in the commissioner of
All this borne out by long-continued legislative and executive Indian affairs or not , need not be questioned. It is enough to As to the second point the facts in the Standing Bear case
usage, and an unbroken line of judicial decisions. know that the power rightfully exists, and, where existing, the an the Rubi case are not exactly identical. But even
exercise of the power must be upheld." The decision admitting similarity of facts, yet it is known to all that Indian
concluded as follows: reservations do exist in the United States, that Indians have
The only case which is even remotely in point and which, if been taken from different parts of the country and placed on
followed literally, might result in the issuance of habeas these reservation, without any previous consultation as to
corpus, is that of United States vs. Crook ([1879], Fed. Cas. The reasoning advanced in support of my views, their own wishes, and that, when once so located, they have
No. 14891). This was a hearing upon return to a writ leads me to conclude: been made to remain on the reservation for their own good
of habeas corpus issued against Brigadier General George and for the general good of the country. If any lesson can be
Crook at the relation of Standing Bear and other Indians, 1. that an Indian is a 'person' within the meaning of drawn form the Indian policy of the United States, it is that
formerly belonging to the Ponca Tribe of Indians. The the laws of the United States, and has, therefore, the determination of this policy is for the legislative and
petition alleged in substance that the relators are Indians the right to sue out a writ of habeas corpus in a executive branches of the government and that when once
who have formerly belonged to the Ponca tribe of Indians, federal court, or before a federal judge, in all cases so decided upon, the courts should not interfere to upset a
now located in the Indian Territory; that they had some time where he may be confined or in custody under color carefully planned governmental system. Perhaps, just as
previously withdrawn from the tribe, and completely severed of authority of the United States or where he is may forceful reasons exists for the segregation as existed for
their tribal relations therewith, and had adopted the general restrained of liberty in violation of the constitution or the segregation of the different Indian tribes in the United
habits of the whites, and were then endeavoring to maintain laws of the United States. States.
themselves by their own exertions, and without aid or
assistance from the general government; that whilst they
were thus engaged, and without being guilty of violating any 2. That General George Crook, the respondent, IV. CONSTITUTIONAL QUESTIONS.
of the laws of the United States, they were arrested and being commander of the military department of the
restrained of their liberty by order of the respondent, George Platte, has the custody of the relators, under color A. DELEGATION OF LEGISLATIVE POWER.
Crook. The substance of the return to the writ was that the of authority of the United States, and in violation of
relators are individual members of, and connected with, the the laws therefore.
The first constitutional objection which confronts us is that
Ponca tribe of Indians; that they had fled or escaped form a the Legislature could not delegate this power to provincial
reservation situated some place within the limits of the Indian 3. That n rightful authority exists for removing by authorities. In so attempting, it is contended, the Philippine
Territory — had departed therefrom without permission from force any of the relators to the Indian Territory, as Legislature has abdicated its authority and avoided its full
the Government; and, at the request of the Secretary of the the respondent has been directed to do. responsibility.
Interior, the General of the Army had issued an order which
required the respondent to arrest and return the relators to 4. that the Indians possess the inherent right of
their tribe in the Indian Territory, and that, pursuant to the That the maxim of Constitutional Law forbidding the
expatriation, as well as the more fortunate white delegation of legislative power should be zealously
race, and have the inalienable right to "life, liberty,
protected, we agree. An understanding of the rule will, exercised by the Indian Department." (See also as inhabitants according to religious belief leads the court to
however, disclose that it has not bee violated in his instance. corroborative authority, it any is needed, Union Bridge what it should avoid, the nullification of legislative action. We
Co. vs. U.S. [1907], 204 U.S.., 364, reviewing the previous hold that the term "non-Christian" refers to natives of the
The rule has nowhere been better stated than in the early decisions of the United States Supreme Court: U.S. vs. Lane Philippines Islands of a low grade of civilization, and that
Ohio case decided by Judge Ranney, and since followed in [1914], 232 U.S., 598.) section 2145 of the Administrative Code of 1917, does not
a multitude of case, namely: "The true distinction therefore is discriminate between individuals an account of religious
between the delegation of power to make the law, which There is another aspect of the question, which once differences.
necessarily involves a discretion as to what it shall be, and accepted, is decisive. An exception to the general rule.
conferring an authority or discretion as to its execution, to be sanctioned by immemorial practice, permits the central C. LIBERTY; DUE PROCESS OF LAW; EQUAL
exercised under and in pursuance of the law. The first legislative body to delegate legislative powers to local PROTECTION OF THE LAWS.
cannot be done; to the later no valid objection can be made." authorities. The Philippine Legislature has here conferred
(Cincinnati, W. & Z. R. Co. vs. Comm'rs. Clinton County authority upon the Province of Mindoro, to be exercised by The third constitutional argument is grounded on those
[1852], 1 Ohio S.t, 88.) Discretion, as held by Chief Justice the provincial governor and the provincial board. portions of the President's instructions of to the Commission,
Marshall in Wayman vs. Southard ([1825], 10 Wheat., 1) the Philippine Bill, and the Jones Law, providing "That no law
may be committed by the Legislature to an executive Who but the provincial governor and the provincial board, as shall be enacted in said Islands which shall deprive any
department or official. The Legislature may make decisions the official representatives of the province, are better person of life, liberty, or property without due process of law,
of executive departments of subordinate official thereof, to qualified to judge "when such as course is deemed or deny to any person therein the equal protection of the
whom t has committed the execution of certain acts, final on necessary in the interest of law and order?" As officials laws." This constitutional limitation is derived from the
questions of fact. (U.S. vs. Kinkead [1918], 248 Fed., 141.) charged with the administration of the province and the Fourteenth Amendment to the United States Constitution —
The growing tendency in the decision is to give prominence protection of its inhabitants, who but they are better fitted to and these provisions, it has been said "are universal in their
to the "necessity" of the case. select sites which have the conditions most favorable for application, to all persons within the territorial jurisdiction,
improving the people who have the misfortune of being in a without regard to any differences of race, of color, or of
Is not all this exactly what the Legislature has attempted to backward state? nationality." (Yick Wo vs. Hopkins [1886], 118 U.S., 356.)
accomplish by the enactment of section 21454 of the The protection afforded the individual is then as much for the
Administrative Code? Has not the Legislature merely Section 2145 of the Administrative Code of 1917 is not an non-Christian as for the Christian.
conferred upon the provincial governor, with the approval of unlawful delegation of legislative power by the Philippine
the provincial board and the Department Head, discretionary Legislature to provincial official and a department head. The conception of civil liberty has been variously expressed
authority as to the execution of the law? Is not this thus:
"necessary"?
B. RELIGIOUS DISCRIMINATION
Every man may claim the fullest liberty to exercise
The case of West vs. Hitchock, ([1906], 205 U.S., 80) was a his faculties, compatible with the possession of like
petition for mandamus to require the Secretary of the Interior The attorney de officio, for petitioners, in a truly remarkable
brief, submitted on behalf of his unknown clients, says that liberty by every other. (Spencer, Social Statistics, p.
to approve the selection and taking of one hundred and sixty 94.)
acres by the relator out of the lands ceded to the United — "The statute is perfectly clear and unambiguous. In limpid
States by the Wichita and affiliated bands of Indians. Section English, and in words as plain and unequivocal as language
463 of the United States Revised Statutes provided: "The can express, it provides for the segregation of 'non- Liberty is the creature of law, essentially different
Commissioner of Indian Affairs shall, under the direction of Christians' and none other." The inevitable result, them, is from that authorized licentiousness that trespasses
the Secretary of the Interior, and agreeably to such that the law "constitutes an attempt by the Legislature to on right. That authorized licentiousness that
regulations as the President may prescribe, have the discriminate between individuals because of their religious trespasses on right. It is a legal and a refined idea,
management of all Indian affairs, and of all matters arising beliefs, and is, consequently, unconstitutional." the offspring of high civilization, which the savage
out to the Indian relations." Justice Holmes said: "We should never understood, and never can understand.
hesitate a good deal, especially in view of the long Counsel's premise once being conceded, his arguments is Liberty exists in proportion to wholesome restraint;
established practice of the Department, before saying that answerable — the Legislature must be understood to mean the more restraint on others to keep off from us, the
this language was not broad enough to warrant a regulation what it has plainly expressed; judicial construction is then more liberty we have . . . that man is free who is
obviously made for the welfare of the rather helpless people excluded; religious equality is demanded by the Organic protected from injury. (II Webster's Works, p. 393.)
concerned. The power of Congress is not doubted. The Law; the statute has violated this constitutional guaranty,
Indians have been treated as wards of the nation. Some and Q. E. D. is invalid. But, as hereinbefore stated, we do Liberty consists in the ability to do what one caught
such supervision was necessary, and has been exercised. In not feel free to discard the long continued meaning given to to desire and in not being forced to do what one
the absence of special provisions naturally it would be a common expression, especially as classification of
 ought not do desire. (Montesque, spirit of the freedom from physical restraint of the person of the citizen, citizen shall hold his life, liberty, property, an immunities
Laws.) but is deemed to embrace the right of man to enjoy the under the protection of the general rules which govern
faculties with which he has been endowed by this Creator, society." To constitute "due process of law," as has been
Even liberty itself, the greatest of all rights, is no subject only to such restraints as are necessary for the often held, a judicial proceeding is not always necessary. In
unrestricted license to ac according to one's own common welfare. As enunciated in a long array of authorities some instances, even a hearing and notice are not requisite
will. It is only freedom from restraint under including epoch-making decisions of the United States a rule which is especially true where much must be left to the
conditions essential to the equal enjoyment of the Supreme Court, Liberty includes the right of the citizens to discretion of the administrative officers in applying a law to
same right by others. (Field, J., in be free to use his faculties in all lawful ways; to live an work particular cases. (See McGehee, Due Process of Law, p.
Crowley vs. Christensen [1890], 137 U.S., 86.) where he will; to earn his livelihood by an lawful calling; to 371.) Neither is due process a stationary and blind sentinel
pursue any avocations, an for that purpose. to enter into all of liberty. "Any legal proceeding enforced by public authority,
contracts which may be proper, necessary, and essential to whether sanctioned by age and customs, or newly devised in
Liberty does not import "an absolute right in each his carrying out these purposes to a successful conclusion. the discretion of the legislative power, in furtherance of the
person to be, at all times and in all circumstances, The chief elements of the guaranty are the right to contract, public good, which regards and preserves these principles of
wholly freed from restraint. There are manifold the right to choose one's employment, the right to labor, and liberty and justice, must be held to be due process of law."
restraints to which every person is necessarily the right of locomotion. (Hurtado vs. California [1883], 110, U.S., 516.) "Due process
subject for the common good. On any other basis, of law" means simply . . . "first, that there shall be a law
organized society could not exist with safety to its prescribed in harmony with the general powers of the
members. Society based on the rule that each one In general, it may be said that Liberty means the opportunity
to do those things which are ordinarily done by free men. legislative department of the Government; second, that this
is a law unto himself would soon be confronted with law shall be reasonable in its operation; third, that it shall be
disorder and anarchy. Real liberty for all could not (There can be noted Cummings vs. Missouri [1866], 4 Wall,
277; Wilkinson vs. Leland [1829], 2 Pet., 627; enforced according to the regular methods of procedure
exist under the operation of a principle which prescribed; and fourth, that it shall be applicable alike to all
recognizes the right of each individual person to Williams vs. Fears [1900], 179 U.S., 274;
Allgeyer vs. Louisiana [1896], 165, U.S., 578; the citizens of the state or to all of a class." (U.S. vs. Ling Su
use his own, whether in respect of his person or his Fan [1908], 10 Phil., 104, affirmed on appeal to the United
property, regardless of the injury that may be done State vs. Kreutzberg [1902], 114 Wis., 530. See 6 R.C.L.,
258, 261.) States Supreme Court. 1) "What is due process of law
to others . . . There is, of course, a sphere with depends on circumstances. It varies with the subject-matter
which the individual may asserts the supremacy of and necessities of the situation." (Moyer vs. Peablody
his own will, and rightfully dispute the authority of One thought which runs through all these different [1909], 212 U. S., 82.)
any human government — especially of any free conceptions of Liberty is plainly apparent. It is this: "Liberty"
government existing under a written Constitution — as understood in democracies, is not license; it is "Liberty
to interfere with the exercise of that will. But it is regulated by law." Implied in the term is restraint by law for The pledge that no person shall be denied the equal
equally true that in very well-ordered society the good of the individual and for the greater good of the protection of the laws is not infringed by a statute which is
charged with the duty of conserving the safety of its peace and order of society and the general well-being. No applicable to all of a class. The classification must have a
members, the rights of the individual in respect of man can do exactly as he pleases. Every man must reasonable basis and cannot be purely arbitrary in nature.
his liberty may at times, under the pressure of great renounce unbridled license. The right of the individual is
dangers, be subjected to such restraint to be necessarily subject to reasonable restraint by general law for We break off with the foregoing statement, leaving the
enforced by reasonable regulations, as the safety of the common good. Whenever and wherever the natural logical deductions to be made later on.
the general public may demand." (Harlan, J., In rights of citizen would, if exercises without restraint, deprive
Jacobson vs. Massachusetts [1905] 197 U.S., 11.) other citizens of rights which are also and equally natural, D. SLAVERY AND INVOLUNTARY SERVITUDE.
such assumed rights must yield to the regulation of law. The
Liberty is freedom to do right and never wrong; it is Liberty of the citizens may be restrained in the interest of the
public health, or of the public order and safety, or otherwise The fourth constitutional contention of petitioner relates to
ever guided by reason and the upright and the Thirteen Amendment to the United States Constitution
honorable conscience of the individual. (Apolinario within the proper scope of the police power. (See
Hall vs. Geiger-Jones [1916], 242 U.S., 539; Hardie-Tynes particularly as found in those portions of Philippine Organic
Mabini.) Law providing "That slavery shall not exist in said Islands;
Manufacturing Co. vs. Cruz [1914], 189 Al., 66.)
nor shall involuntary servitude exist except as a punishment
Civil Liberty may be said to mean that measure of freedom for crime whereof the party shall have been duly convicted."
which may be enjoyed in a civilized community, consistently None of the rights of the citizen can be taken away except by It is quite possible that the Thirteenth Amendment, since
with the peaceful enjoyment of like freedom in others. The due process of law. Daniel Webster, in the course of the reaching to "any place subject to" the "jurisdiction" of the
right to Liberty guaranteed by the Constitution includes the argument in the Dartmouth College Case before the United United States, has force in the Philippine. However this may
right to exist and the right to be free from arbitrary personal States Supreme Court, since a classic in forensic literature, be, the Philippine Legislature has, by adoption, with
restraint or servitude. The term cannot be dwarfed into mere said that the meaning of "due process of law" is, that "every necessary modifications, of sections 268 to 271 inclusive of
the United States Criminal Code, prescribed the punishment of Congress and those fundamental principles which lie at Of course, there were many who were protesting
for these crimes. Slavery and involuntary servitude, together the foundation of all republican forms of government." against that segregation. Such was naturally to be
wit their corollary, peonage, all denote "a condition of (Churchill and Tait vs. Rafferty [1915], 32 Phil., 580; expected. But the Secretary of the Interior, upon his
enforced, compulsory service of one to another." U.S. vs. Pompeya [1915], 31 Phil., 245.) return to Manila, made the following statement to
(Hodges vs. U.S. [1906], 203 U.S., 1.) The term of broadest the press:
scope is possibly involuntary servitude. It has been applied With the foregoing approximation of the applicable basic
to any servitude in fact involuntary, no matter under what principles before us, before finally deciding whether any "It is not deemed wise to abandon the
form such servitude may have been disguised. constitutional provision has indeed been violated by section present policy over those who prefer to
(Bailey vs. Alabama [1910], 219 U.S., 219.) 2145 of the Administrative Code, we should endeavor to live a nomadic life and evade the influence
ascertain the intention of the Legislature in enacting this of civilization. The Government will follow
So much for an analysis of those constitutional provisions on section. If legally possible, such legislative intention should its policy to organize them into political
which petitioners rely for their freedom. Next must come a be effectuated. communities and to educate their children
description of the police power under which the State must with the object of making them useful
act if section 2145 is to be held valid. F. LEGISLATIVE INTENT. citizens of this country. To permit them to
live a wayfaring life will ultimately result in
E. THE POLICE POWER. a burden to the state and on account of
The preamble of the resolution of the provincial board of their ignorance, they will commit crimes
Mindoro which set apart the Tigbao reservation, it will be and make depredation, or if not they will
Not attempting to phrase a definition of police power, all that remembered, assigned as reasons fort the action, the be subject to involuntary servitude by
it is necessary to note at this moment is the farreaching following: (1) The failure of former attempts for the those who may want to abuse them."
scope of the power, that it has become almost possible to advancement of the non-Christian people of the province;
limit its weep, and that among its purposes is the power to and (2) the only successfully method for educating the
prescribe regulations to promote the health, peace, morals, Manguianes was to oblige them to live in a permanent The Secretary of the Interior, who is the official charged with
education, and good order of the people, and to legislate so settlement. The Solicitor-General adds the following; (3) The the supervision of all the non-Christian people, has adopted
as to increase the industries of the State, develop its protection of the Manguianes; (4) the protection of the public as the polaris of his administration — "the advancement of
resources and add to is wealth and prosperity. (See forests in which they roam; (5) the necessity of introducing the non-Christian elements of our population to equality and
Barbier vs. Connolly [1884], 113 U.S., 27.) What we are not civilized customs among the Manguianes. unification with the highly civilized Christian inhabitants."
interested in is the right of the government to restrain liberty This is carried on by the adoption of the following measures:
by the exercise of the police power. The present Secretary of the Interior says of the Tigbao
reservation and of the motives for its selection, the following: (a) Pursuance of the closer settlement policy
"The police power of the State," one court has said, . . . "is a whereby people of seminomadic race are induced
power coextensive with self-protection, and is not inaptly to leave their wild habitat and settle in organized
To inform himself of the conditions of those communities.
termed the 'law of overruling necessity.' It may be said to be Manguianes who were taken together to Tigbao,
that inherent and plenary power in the State which enables it the Secretary of the Interior on June 10 to 13, 1918,
to prohibit all things hurtful to the comfort, safety and welfare made a trip to the place. There he found that the (b) The extension of the public school system and
of society." (Lake View vs. Rose Hill Cemetery Co. [1873], site selected is a good one; that creditable progress the system of public health throughout the regions
70 Ill., 191.) Carried onward by the current of legislation, the has been made in the clearing of forests, inhabited by the non-Christian people.
judiciary rarely attempt to dam the on rushing power of construction of buildings, etc., that there appears to
legislative discretion, provided the purposes of the law do be encouraging reaction by the boys to the work of (c) The extention of public works throughout the
not go beyond the great principles that mean security for the the school the requirements of which they appear to Mohammedan regions to facilitate their
public welfare or do not arbitrarily interfere with the right of meet with enthusiastic interest after the first weeks development and the extention of government
the individual. which are necessarily a somewhat trying period for control.
children wholly unaccustomed to orderly behaviour
The Government of the Philippine Islands has both on and habit of life. He also gathered the impression (d) Construction of roads and trials between one
reason and authority the right to exercise the sovereign that the results obtained during the period of less place and another among non-Christians, to
police power in the promotion of the general welfare and the than one year since the beginning of the institution promote social and commercial intercourse and
public interest. "There can be not doubt that the exercise of definitely justify its continuance and development. maintain amicable relations among them and with
the police power of the Philippine Government belongs to the Christian people.
the Legislature and that this power is limited only by the Acts
 (e) Pursuance of the development of natural view the aim of rendering permanent the mutual commission of the offense and not before. If immigrants are
economic resources, especially agriculture. intelligence between, and complete fusion of, all the to be encouraged to develop the resources of the great
Christian and non-Christian elements populating Islands of Mindoro, and its, as yet, unproductive regions, the
( f ) The encouragement of immigration into, and of the provinces of the Archipelago. (Sec. 3.) Government must be in a position to guarantee peace and
the investment of private capital in, the fertile order.
regions of Mindanao and Sulu. May the Manguianes not be considered, as are the Indians
in the United States, proper wards of the Filipino people? By Waste lands do not produce wealth. Waste people do not
The Secretary adds: the fostering care of a wise Government, may not these advance the interest of the State. Illiteracy and thriftlessness
unfortunates advance in the "habits and arts of civilization?" are not conducive to homogeneity. The State to protect itself
Would it be advisable for the courts to intrude upon a plan, from destruction must prod on the laggard and the sluggard.
To attain the end desired, work of a civilizing carefully formulated, and apparently working out for the The great law of overwhelming necessity is all convincing.
influence have been continued among the non- ultimate good of these people?
Christian people. These people are being taught
and guided to improve their living conditions in To quote again from the instructive memorandum of the
order that they may fully appreciate the benefits of In so far as the Manguianes themselves are concerned, the Secretary of the Interior:
civilization. Those of them who are still given to purpose of the Government is evident. Here, we have on the
nomadic habits are being persuaded to abandon Island of Mindoro, the Manguianes, leading a nomadic life, Living a nomadic and a wayfaring life and evading
their wild habitat and settle in organized making depredations on their more fortunate neighbors, the influence of civilization, they (the manguianes)
settlements. They are being made to understand uneducated in the ways of civilization, and doing nothing for are engaged in the works of destruction — burning
that it is the purpose of the Government to organize the advancement of the Philippine Islands. What the and destroying the forests and making illegal
them politically into fixed and per manent Government wished to do by bringing than into a reservation caiñgins thereon. Not bringing any benefit to the
communities, thus bringing them under the control was to gather together the children for educational purposes, State but instead injuring and damaging its
of the Government, to aid them to live and work, and to improve the health and morals — was in fine, to begin interests, what will ultimately become of these
protect them from involuntary servitude and abuse, the process of civilization. this method was termed in people with the sort of liberty they wish to preserve
educate their children, and show them the Spanish times, "bringing under the bells." The same idea and for which they are now fighting in court? They
advantages of leading a civilized life with their adapted to the existing situation, has been followed with will ultimately become a heavy burden to the State
civilized brothers. In short, they are being reference to the Manguianes and other peoples of the same and on account of their ignorance they will commit
impressed with the purposes and objectives of the class, because it required, if they are to be improved, that crimes and make depredations, or if not they will be
Government of leading them to economic, social, they be gathered together. On these few reservations there subjected to involuntary servitude by those who
and political equality, and unification with the more live under restraint in some cases, and in other instances may want to abuse them.
highly civilized inhabitants of the country. (See voluntarily, a few thousands of the uncivilized people.
Report of the Department for 1917.) Segregation really constitutes protection for the manguianes.
There is no doubt in my mind that this people a
right conception of liberty and does not practice
The fundamental objective of governmental policy is to Theoretically, one may assert that all men are created free liberty in a rightful way. They understand liberty as
establish friendly relations with the so-called non-Christians, and equal. Practically, we know that the axiom is not the right to do anything they will — going from one
and to promote their educational, agricultural, industrial, and precisely accurate. The Manguianes, for instance, are not place to another in the mountains, burning and
economic development and advancement in civilization. free, as civilized men are free, and they are not the equals of destroying forests and making illegal caiñgins
(Note Acts Nos. 2208, 2404, 2444.) Act No. 2674 in their more fortunate brothers. True, indeed, they are citizens, thereon.
reestablishing the Bureau of non-Christian Tribes, defines with many but not all the rights which citizenship implies.
the aim of the Government towards the non-Christian people And true, indeed, they are Filipinos. But just as surely, the
Manguianes are citizens of a low degree of intelligence, and Not knowing what true liberty is and not practising
in the following unequivocal terms: the same rightfully, how can they allege that they
Filipinos who are a drag upon the progress of the State.
are being deprived thereof without due process of
It shall be the duty of the Bureau of non-Christian law?
Tribes to continue the work for advancement and In so far as the relation of the Manguianes to the State is
liberty in favor of the region inhabited by non- concerned, the purposes of the Legislature in enacting the
law, and of the executive branch in enforcing it, are again xxx xxx xxx
Christian Filipinos and foster by all adequate means
and in a systematical, rapid, and complete manner plain. Settlers in Mindoro must have their crops and persons
the moral, material, economic, social, and political protected from predatory men, or they will leave the country. But does the Constitutional guaranty that 'no person
development of those regions, always having in It is no argument to say that such crimes are punished by shall be deprived of his liberty without due process
the Penal Code, because these penalties are imposed after of law' apply to a class of persons who do not have
a correct idea of what liberty is and do not practise They will thus left in a permanent state of savagery Our exhaustive study should have left us in a position to
liberty in a rightful way? and become a vulnerable point to attack by those answer specific objections and to reach a general
who doubt, nay challenge, the ability of the nation conclusion.
To say that it does will mean to sanction and to deal with our backward brothers.
defend an erroneous idea of such class of persons In the first place, it is argued that the citizen has the right,
as to what liberty is. It will mean, in the case at bar, The manguianes in question have been directed to generally speaking, to go where he pleases. Could be not,
that the Government should not adopt any live together at Tigbao. There they are being taught however, be kept away from certain localities ? To furnish an
measures looking to the welfare and advancement and guided to improve their living conditions. They example from the Indian legislation. The early Act of
of the class of persons in question. It will mean that are being made to understand that they object of Congress of 1802 (2 U.S. Stat. at L., p. 141) Indian
this people should be let along in the mountains the government is to organize them politically into reservation. Those citizens certainly did not possess
and in a permanent state of savagery without even fixed and permanent communities. They are being absolute freedom of locomotion. Again the same law
the remotest hope of coming to understand liberty aided to live and work. Their children are being provided for the apprehension of marauding Indians. Without
in its true and noble sense. educated in a school especially established for any doubt, this law and other similar were accepted and
them. In short, everything is being done from them followed time and again without question.
In dealing with the backward population, like the in order that their advancement in civilization and
Manguianes, the Government has been placed in material prosperity may be assured. Certainly their It is said that, if we hold this section to be constitutional, we
the alternative of either letting them alone or living together in Tigbao does not make them leave this weak and defenseless people confined as in a
guiding them in the path of civilization. The latter slaves or put them in a condition compelled to do prison at the mercy of unscrupulous official. What, it is
measure was adopted as the one more in accord services for another. They do not work for anybody asked, would be the remedy of any oppressed Manguian?
with humanity and with national conscience. but for themselves. There is, therefore, no The answer would naturally be that the official into whose
involuntary servitude. hands are given the enforcement of the law would have little
xxx xxx xxx or not motive to oppress these people; on the contrary, the
But they are compelled to live there and prohibited presumption would all be that they would endeavor to carry
from emigrating to some other places under penalty out the purposes of the law intelligently and patriotically. If,
The national legislation on the subject of non- of imprisonment. Attention in this connection is indeed, they did ill-treat any person thus confined, there
Christian people has tended more and more invited to the fact that this people, living a nomadic always exists the power of removal in the hands of superior
towards the education and civilization of such and wayfaring life, do not have permanent officers, and the courts are always open for a redress of
people and fitting them to be citizens. The progress individual property. They move from one place to grievances. When, however, only the validity of the law is
of those people under the tutelage of the another as the conditions of living warrants, and the generally challenged and no particular case of oppression is
Government is indeed encouraging and the signs of entire space where they are roving about is the called to the attention of the courts, it would seems that the
the times point to a day which is not far distant property of the nation, the greater part being lands Judiciary should not unnecessarily hamper the Government
when they will become useful citizens. In the light of of public domain. Wandering from one place to in the accomplishment of its laudable purpose.
what has already been accomplished which has another on the public lands, why can not the
been winning the gratitude of most of the backward government adopt a measure to concentrate them
people, shall we give up the noble work simply The question is above all one of sociology. How far,
in a certain fixed place on the public lands, instead consistently with freedom, may the right and liberties of the
because a certain element, believing that their of permitting them to roam all over the entire
personal interests would be injured by such a individual members of society be subordinated to the will of
territory? This measure is necessary both in the the Government? It is a question which has assailed the very
measure has come forward and challenged the interest of the public as owner of the lands about
authority of the Government to lead this people in existence of government from the beginning of time. Now
which they are roving and for the proper purely an ethical or philosophical subject, nor now to be
the pat of civilization? Shall we, after expending accomplishment of the purposes and objectives of
sweat, treasure, and even blood only to redeem this decided by force, it has been transferred to the peaceful
the government. For as people accustomed to forum of the Judiciary. In resolving such an issue, the
people from the claws of ignorance and nomadic habit, they will always long to return to the
superstition, now willingly retire because there has Judiciary must realize that the very existence of government
mountains and follow a wayfaring life, and unless a renders imperatives a power to restrain the individual to
been erroneously invoked in their favor that penalty is provinced for, you can not make them
Constitutional guaranty that no person shall be some extent, dependent, of course, on the necessities of the
live together and the noble intention of the class attempted to be benefited. As to the particular degree
deprived of his liberty without due process of law? Government of organizing them politically will come
To allow them to successfully invoke that to which the Legislature and the Executive can go in
to naught. interfering with the rights of the citizen, this is, and for a
Constitutional guaranty at this time will leave the
Government without recourse to pursue the works along time to come will be, impossible for the courts to
of civilizing them and making them useful citizens. G. APPLICATION AND CONCLUSION. determine.
The doctrines of laissez faire and of unrestricted freedom of Our attempt at giving a brief history of the Philippines with Arellano, C.J., Torres and Avanceña, JJ., concur.
the individual, as axioms of economics and political theory, reference to the so-called non-Christians has been in vain, if
are of the past. The modern period has shown as we fail to realize that a consistent governmental policy has
widespread belief in the amplest possible demonstration of been effective in the Philippines from early days to the
governmental activity. The courts unfortunately have present. The idea to unify the people of the Philippines so
sometimes seemed to trial after the other two branches of that they may approach the highest conception of nationality.
the government in this progressive march. If all are to be equal before the law, all must be Separate Opinions
approximately equal in intelligence. If the Philippines is to be
Considered, therefore, purely as an exercise of the police a rich and powerful country, Mindoro must be populated, and CARSON, J., concurring:
power, the courts cannot fairly say that the Legislature has its fertile regions must be developed. The public policy of the
exceeded its rightful authority. it is, indeed, an unusual Government of the Philippine Islands is shaped with a view I fully concur in the reasoning and the conclusions of Justice
exercise of that power. But a great malady requires an to benefit the Filipino people as a whole. The Manguianes, in Malcolm as set forth in the prevailing, opinion.
equally drastic remedy. order to fulfill this governmental policy, must be confined for
a time, as we have said, for their own good and the good of
the country. The words "non-Christian' have a clear, definite and well
Further, one cannot hold that the liberty of the citizen is settled signification when used in the Philippine statute-book
unduly interfered without when the degree of civilization of as a descriptive adjective, applied to "tribes," "people," or
the Manguianes is considered. They are restrained for their Most cautiously should the power of this court to overrule the "inhabitants," dwelling in more or less remote districts and
own good and the general good of the Philippines. Nor can judgment of the Philippine Legislature, a coordinate branch, provinces throughout the Islands.
one say that due process of law has not been followed. To be exercised. The whole tendency of the best considered
go back to our definition of due process of law and equal case is toward non-interference on the part of the courts
whenever political ideas are the moving consideration. Justice Malcolm, as I think, correctly finds that these words,
protection of the law, there exists a law ; the law seems to be as used in this connection in our statute-book, denote the
reasonable; it is enforced according to the regular methods Justice Holmes, in one of the aphorisms for which he is justly
famous, said that "constitutional law, like other mortal 'low grace of civilization" of the individuals included in the
of procedure prescribed; and it applies alike to all of a class. class to which they are applied. To this I would add that the
contrivances, has to take some chances." (Blinn vs. Nelson
[1911], 222 U.S., 1.) If in the final decision of the many grave tests for the determination of the fact that an individual or
As a point which has been left for the end of this decision questions which this case presents, the courts must take "a tribes is, or is not of the "non-Christian" are, and throughout
and which, in case of doubt, would lead to the determination chance," it should be with a view to upholding the law, with a the period of American occupation always have been, "the
that section 2145 is valid. it the attitude which the courts view to the effectuation of the general governmental policy, mode of life, the degree of advancement in civilization, and
should assume towards the settled policy of the and with a view to the court's performing its duty in no connection or lack of connection with some civilized
Government. In a late decision with which we are in full narrow and bigoted sense, but with that broad conception community." (Cf. letter of Collector of Internal Revenue dated
accord, Gambles vs. Vanderbilt University (200 which will make the courts as progressive and effective a September 17, 1910, and set out in the principal opinion.)
Southwestern Reporter, 510) the Chief Justice of the force as are the other departments of the Government.
Supreme Court of Tennessee writes: The legislative and administrative history of the Philippine
We are of the opinion that action pursuant to section 2145 of Islands clearly discloses that the standard of civilization to
We can seen objection to the application of public policy as the Administrative Code does not deprive a person of his which a specific tribe must be found to have advanced, to
a ratio decidendi. Every really new question that comes liberty without due process of law and does not deny to him justify its removal from the class embraces with the
before the courts is, in the last analysis, determined on that the equal protection of the laws, and that confinement in descriptive term "non-Christian," as that term is used in the
theory, when not determined by differentiation of the reservations in accordance with said section does not Philippine statute-book, is that degree of civilization which
principle of a prior case or line of cases, or by the aid of constitute slavery and involuntary servitude. We are further results in a mode of life within the tribe, such that it is
analogies furnished by such prior case. In balancing of the opinion that section 2145 of the Administrative Code is feasible and practicable to extend to, and enforce upon its
conflicting solutions, that one is perceived to tip the scales a legitimate exertion of the police power, somewhat membership the general laws and regulations,
which the court believes will best promote the public welfare analogous to the Indian policy of the United States. Section administrative, legislative, and judicial, which control the
in its probable operation as a general rule or principle. But 2145 of the Administrative Code of 1917 is constitutional. conduct of the admitted civilized inhabitants of the Islands; a
public policy is not a thing inflexible. No court is wise enough made of life, furthermore, which does not find expression in
to forecast its influence in all possible contingencies. tribal customs or practices which tend to brutalize or
Distinctions must be made from time to time as sound Petitioners are not unlawfully imprisoned or restrained of debauch the members of the tribe indulging in such customs
reason and a true sense of justice may dictate." their liberty. Habeas corpus can, therefore, not issue. This is or practices, or to expose to loss or peril the lives or property
the true ruling of the court. Costs shall be taxes against of those who may be brought in contact with members of the
petitioners. So ordered. tribe.
So the standard of civilization to which any given number or hearing, would have the same force whether the issuance of As I understand it, the case at bar does not raise any real
group of inhabitants of particular province in these Islands, a reconcentration order was or was not preceded by a pow- question as to the jurisdiction of the courts of these Islands
or any individual member of such a group, must be found to wow of this kind. in habeas corpus proceedings, to review the action of the
have advanced, in order to remove such group or individual administrative authorities in the enforcement of
from the class embraced within the statutory description of The truth of the mater is that the power to provide for the reconcentration orders issued, under authority of section
"non-Christian," is that degree of civilization which would issuance of such orders rests upon analogous principles to 2145 of the Administrative Code, against a petitioner
naturally and normally result in the withdrawal by such those upon which the liberty and freedom or action of challenging the alleged fact that he is a "non-Christian" as
persons of permanent allegiance or adherence to a "non- children and persons of unsound minds is restrained, without that term is used in the statute. I, therefore, express no
Christian" tribe, had they at any time adhered to or consulting their wishes, but for their own good and the opinion on that question at this time.
maintained allegiance to such a tribe; and which would general welfare. The power rests upon necessity, that "great
qualify them whether they reside within or beyond the habitat master of all things," and is properly exercised only where
of a "non-Christian" tribe, not only to maintain a mode of life certain individuals or groups of individual are found to be of
independent of a apart from that maintain by such tribe, but such a low grade of civilization that their own wishes cannot
a mode of life as would not be inimical to the lives or be permitted to determine their mode of life or place of
property or general welfare of the civilized inhabitants of the JOHNSON, J., dissenting:
residence.
Islands with whom they are brought in contact.
I dissent. The petitioners were deprived of their liberty
The status of the non-Christian inhabitants of these Islands, without a hearing. That fact is not denied. I cannot give my
The contention that, in this particular case, and without and the special and necessarily paternal attitude assume
challenging the validity of the statute, the writ should issue consent to any act which deprives the humblest citizen of his
toward them by the Insular Government is well illustrated by just liberty without a hearing, whether he be a Christian or
because of the failure to give these petitioners, as well as the following provisions found in the Administrative Code of
the rest of the fifteen thousand Manguianes affected by the non-Christian. All persons in the Philippine Islands are
1917: entitled to a hearing, at least, before they are deprived of
reconcentration order, an opportunity to be heard before any
attempt was made to enforce it, begs the question and is, of their liberty.
course, tantamount to a contention that there is no authority SEC. 705. Special duties and purposes of Bureau
in law for the issuance of such an order. (of non-Christian tribes). — It shall be the duty of
the Bureau of non-Christian tribes to continue the
work for advancement and liberty in favor of the
If the fifteen thousand manguianes affected by the order regions inhabited by non-Christian Filipinos and to
complained of had attained that degree of civilization which foster by all adequate means and in a systematic, MOIR, J., dissenting:
would have made it practicable to serve notice upon, and rapid, and completely manner the moral, material,
give an opportunity for a real hearing, to all the members of economic, social and political development of those I dissent.
the tribe affected by the order, it may well be doubted regions, always having in view the aim of rendering
whether the provincial board and the Secretary of the Interior permanent the mutual intelligence between and
would have been justified in its enforcement By what I realize that a dissenting opinion carries little weight, but
complete fusion of all the Christian and non- may sense of justice will not permit me to let this decision go
proceeding known to the law, or to be specially adopted in a Christian elements populating the provinces of the
particular case, could the offices of any province provide for on record without expressing may strong dissent from the
Archipelago. opinion of Justice Malcolm, concurred in by a majority of the
a genuine hearing upon a proposal to issue a
reconcentration order upon a head-hunting tribe in the north court. I shall not attempt to analyze the opinion or to go into
of the Island of Luzon; or upon one of the nomadic tribes SEC. 2116. Township and settlement fund. — the question in detail. I shall simply state, as briefly as may
whose habitat is in the mountain fastnesses of Mindanao, There shall be maintained in the provincial be, the legal and human side of the case as it presents itself
and whose individual members have no fixed or known place treasuries of the respective specially organized to my mind.
of residence, or upon the fifteen thousand Manguianes provinces a special fund to be known as the
roaming in the wilds of Mindoro. township and settlement fund, which shall be The facts are that one Rubi and various other Manguianes in
available, exclusively, for expenditures for the the Province of Mindoro were ordered by the Provincial
benefit of the townships and settlements of the governor of Mindoro to remove their residence from their
Of course, friendly headmen or chief might and, as a rule, province, and non-Christian inhabitants of the
should be consulted, after the practice in the United States native habitat and to establish themselves on a reservation
province, upon approval of the Secretary of the at Tigbao in the Province of Mindoro and to remain there, or
when tribes or groups of American Indians have been placed Interior.
upon reservations; but since non-Christian head men and be punished by imprisonment if they escaped. This
chiefs in the Philippines have no lawful authority to bind their reservation, as appears from the resolution of the provincial
acts or their consent, the objection based on lack of a board, extends over an area of 800 hectares of land, which
is approximately 2,000 acres, on which about three hundred the ways provided for civilizing them section 2759 provides The majority opinion says "they are restrained for their own
manguianes are confined. One of the Manguianes, Dabalos, the punishment. good and the general good of the Philippines."
escaped from the reservation and was taken in hand by the
provincial sheriff and placed in prision at Calapan, solely The attorney for the petitioners has raised various They are to be made to accept the civilization of the more
because he escaped from the reservation. The Manguianes constitutional questions, but only the fundamental one will be advanced Filipinos whether they want it or not. They are
used out a writ of habeas corpus in this court, alleging that considered by me. It is that the sections of the Administrative backward and deficient in culture and must be moved from
they are deprived of their liberty in violation of law. Code, 2145 and 2759, quoted in the majority opinion, are in their homes, however humble they may be and "bought
violation of the first paragraph of section 3 of the Act of under the bells" and made to stay on a reservation.
The Solicitor-General of the Philippine Islands makes return Congress of August 29, 1916, which reads as follows:
to the writ copied in the majority opinion which states that the Are these petitioners charged with any crime? There is no
provincial governor of Mindoro with the prior approval of his That no law shall be enacted in said Islands which mention in the return of the Solicitor-General of the
act by the Department Secretary ordered the placing of the shall deprive any person of life, liberty or property Philippine Islands of any crime having been committed by
petitioners and others on a reservation. without due process of law, or deny to any person these "peacefully, timid, primitive, semi-nomadic people."
therein the equal protection of the laws.
The manguianes, it is stated on page 694 of the majority A memorandum of the Secretary of the Interior of the
opinion, "are very low in culture. They have considerable It is not necessary to argue that a Mangyan is one of the Philippine Islands is copied in extenso in the majority
Negrito blood and have not advanced beyond the Negritos in persons protected by that provision. opinion, and from it I gather the nature of their offense which
civilization. They are peaceful, timid, primitive, seminomadic is that —
people. They number approximately 15,000 (?). The
manguianes have shown no desire for community life, and, The Attorney-General argues that the treatment provided for
as indicated in the preamble to Act No. 547, have no the Manguianes is similar to that accorded the Indians in the Living a nomadic and wayfaring life and evading the
progressed sufficiently in civilization to make it practicable to United States, and reference is made all through the court's influence of civilization, they (the manguianes) are
bring them under any for of municipal government." decision to the decisions of the United States Supreme engaged in the works of destruction — burning and
Court with reference to the Indians. It is not considered destroying the forests and making
necessary to go into these cases for the simple reason that illegal caiñgins thereon. No bringing any benefit to
It may be well to add that the last P.I. Census (1903) shows all the Indians nations in the United States were considered the State but, instead, injuring and damaging its
that the Island of Mindoro (not including smaller islands as separate nations and all acts taken in regard to them interests, what will ultimately become of those
which together make the Province of Mindoro) has an area were the result of separate treaties made by the United people with the sort of liberty they wish to preserve
of 3,851 square miles and a populations of 28, 361 of which States Government with the Indian nations, and, and for which they are not fighting in court? They
7, 369 are wild or uncivilized tribes (Manguianes). This incompliance with these treaties, reservations were set apart will ultimately become a heavy burden to the State
appears to be the total Mangyan population of the province. for them on which they lived and were protected form and, on account of their ignorance, they will commit
The total population was less than seven to the mile (Vol. 2, intrusion and molestation by white men. Some these crimes and make depredations, or if not they will be
P.I. Census, pp. 30 and 407). reservations were larger than the Islands of Luzon, and they subjected to involuntary servitude by those who
were not measured in hectares but in thousands of square may want to abuse them.
The Island is fertile, heavily wooded and well watered. miles.
There is no doubt in my mind that this people has
It has no savage population, but it is sparsely settled by The Manguianes are not a separate state. They have no not a right conception of liberty and does not
Christian Filipinos along the coast and by Manguianes. treaty with the Government of the Philippine Islands by practice liberty in a rightful way. They understand
which they have agreed to live within a certain district where liberty as the right to do anything they will — going
The Manguianes roamed its mountains and valleys, fishing they are accorded exclusive rights. They are citizens of the from one place to another in the mountains, burning
and hunting at will long before Magallanes [Magellan] Philippine Islands. Legally they are Filipinos. They are and destroying forests and making
anchored his boats in the water of Cebu. They have made entitled to all the rights and privileges of any other citizen of illegal caiñgins thereon.
little or no progress in the ways of civilization. "They are a this country. And when the provincial governor of the
peaceful, timid, primitive, seminomadic people," whom the Province of Mindoro attempted to take them from their native Not knowing what true liberty is and not practising
Government of the Philippines Islands would bring under the habitat and to hold them on the little reservation of about 800 the same rightfully, how can they are being
beneficient influence of civilization and progress. hectares, he deprived them of their rights and their liberty deprived thereof without due process of law?
without due process of law, and they were denied the equal
protection of the law.
The law provides for it in section 2145 of the Administrative xxx xxx xxx
Code, and for those who like Dadalos do not take kindly to
 But does the constitutional guaranty that "no person lands, which every man knows to be just over the hills, we Christian," and because the provincial governor ordered it.
shall be deprived of his liberty without due process cannot see that they are committing such a great abuse as Let it be clear there is no discrimination because of religion.
of law" apply to a class of persons who do not have to justify incarcerating them on a small tract of land — for The term "non-Christian" means one who is not a Christian
a correct idea of what liberty is and do not practise incarceration it is and nothing less. Filipino, but it also means any of the so-called "wild" or
liberty in a rightful way? backward tribes of the Philippines. These non-Christian
The second intimation or charge is that "they will become a tribes are Moros, Igorrotes, Bukidnons, Ifugaos, Manguianes
To say that it does will mean to sanction and heavy burden to the state and on account of their ignorance and various others, about one millions souls all together.
defend an erroneous idea of such class of persons they will commit crimes and make depredations, or if not Some of them, like the Moros, Tinguianes and Ifugaos, have
as to what liberty is. It will mean, in the case at bar, they will be subjected to involuntary servitude by those who made great progress in civilization. The have beautiful fields
that the Government should not adopt any want to abuse them." They have never been a burden to the reclaimed by hard labor — they have herds of cattle and
measures looking to the welfare and advancement state and never will be. They have not committed crimes horses and some few of them are well educated. Some of
of the class of persons in question. It will mean that and, when they do, let the law punish them." The authorities the non-Christians, like the Aetas and the Negritos, are very
this people be let alone in the mountains and in a are anticipating too much from these "peaceful, timid, low in the scale of civilization, but they are one and all "non-
permanent state of savagery without even the primitive, semi-nomadic people." Their history does not Christians," as the term is used and understood in law and in
remotest hope of coming to understand liberty in its demonstrate that we must expect them to commit crimes fact.
true and noble sense. and jail them to prevent the possibility. But the Secretary
says "they will be subjected to involuntary servitude by those All of them, according to the court's opinion under the
In dealing with the backward population, like the want to abuse them." Are they more liable to be subjected to present law, may be taken from their homes and herded on
Manguianes, the Government has been placed in involuntary servitude when left free to roam their native hills a reservation at the instance of the provincial governor, with
the alternative of either letting them alone or and gain a livelihood as they have been accustomed to for the prior approval of the department head. To state such a
guiding them in the path of civilization. The latter hundreds of years, than they will be if closely confined on a monstrous proposition is to show the wickedness and
measure was adopted as the one more in accord narrow reservation from which they may not escape without illegality of the section of the law under which these people
with humanity and with national conscience. facing a term in jail? Is not more likely that they will be glad are restrained of their liberty. But it is argued that there is no
to exchange their "freedom" on a small reservation for the probability of the department head ever giving his approval
great boon of binding themselves and their children to the to such a crime, but the fact that he can do it and has done it
xxx xxx xxx more fortunate Christian Filipinos who will feed them and in the present case in what makes the law unconstitutional.
clothe them in return of their services.? The arbitrary and unrestricted power to do harm should be
The national legislation on the subject of non- the measure by which a law's legality is tested and not the
Christian people has tended more and more It think it not only probable but almost a certainty that they probability of doing harm.
towards the education and civilization of such will be all be subjected to involuntary personal servitude if
people and fitting them to be citizens. their freedom is limited as it has been. How will they live? It has been said that this is a government of laws
There may be persons who are willing to lend them money and not of men; that there is no arbitrary body of
There appear to be two intimations or charges in this with which to buy food on the promise that they will work for individuals; that the constitutional principles upon
memorandum; one is that the Manguianes destroy the forest them. And if they accept the loan and do not work for the which our government and its institutions rest do
by making a caiñgin. What is a "caiñgin?" Simply this. These lender we have another law on the statute books, Act No. not leave room for the play and action of purely
people move their camp or place of abode frequently and 2098, into whose noose they run their necks, and they may personal and arbitrary power, but that all in
when they do move to a new place, it is necessary to clear be fined not more than two hundred pesos or imprisonment authority are guided and limited by these provisions
the land in order to plant corn and camotes (sweet potatoes) for not exceeding six months or both, and when the which the people have, the through the organic law,
and they cut down the smaller trees and burn these around sentence expires they must again go into debt or starve, and declared shall be the measure and scope of all
the larger ones, killing them, so that they can plant their if they do not work will again go to jail, and this maybe control exercised over them. In particular the
crops. The fires never spread in the tropical undergrowth of repeated till they are too old to work and are cast adrift. fourteenth amendment, and especially the equal
an island like Mindoro, but the trees within the caiñgin are protection clause, thereof, forbids that the individual
killed and crops are planted and harvested. This land may The manguianes have committed no offenses and are shall be subjected to any arbitrary exercise of the
be abandoned later on — due to superstition, to a lack of charged with none. It does not appear they were ever powers of government; it was intended to prohibit,
game in the neighborhood, to poor crops from exhausted consulted about their reconcentration. It does not appear and does prohibit, any arbitrary deprivation of life or
fertility, or to a natural desire to move on. that they had any hearing or were allowed to make any liberty, or arbitrary spoliation of property.
defense. It seems they were gathered here and there
Granting that the Manguianes do make caiñgins or clear whenever found by the authorities of the law and forcibly As we have seen, a statute which makes a purely
lands in spots and then abandon them for the more fertile placed upon the reservation, because they are "non- arbitrary or unreasonable classification, or which
 singles out any particular individuals or class as the constitutionality. No matter how beneficient the motives of be in a distant province and not within reach, and the
subject of hostile and discriminating legislation, is the lawmakers if the lawmakers if the law tends to deprive provincial governor's fiat is final.
clearly unconstitutional as being opposed to the any man of life, liberty, or property without due process law,
fourteenth amendment and especially to the equal it is void. The case of the United States vs. Crook (Federal Cases
protection clause thereof. This is a plain case, and 14891), cited in the majority opinion, should be quoted at
requires no further discussion. (Vol. 4, In may opinion the acts complained of which were taken in length. District Judge Dundy said:
Encyclopedia of U.S. Supreme Court Reports, p. conformity with section 2145 of the Administrative Code not
366.) only deprive these Manguianes of their liberty, without due During the fifteen years in which I have been
process of law, but will in all probability deprive them of their engaged in administering the laws of my country, I
When we consider the nature and the theory of our life, without due process of law. History teaches that to take have never been called upon to hear or decide a
institutions of government, the principles upon a semi-nomadic tribe from their native fastnesses and to case that appealed so strongly to my sympathy as
which they are supposed to rest, and review the transfer them to the narrow confines of a reservation is to the one now under consideration. On the one side,
history of their development, we are constrained to invite disease an suffering and death. From my long we have a few of the remnants of a once numerous
conclude that they do not mean to leave room for experience in the Islands, I should say that it would be a and powerful, but now weak, insignificant,
the play and action of purely personal and arbitrary crime of title less magnitude to take the Ifugaos from their unlettered, and generally despised race; and the
power. Sovereignty itself is, of course, not subject mountain homes where they have reclaimed a wilderness other, we have the representative of one of the
to law, for its is the author and source of law; but in and made it a land of beauty and fruitfulness and to transfer most powerful, most enlightened, and most
our system, while sovereign powers are delegated them to the more fertile, unoccupied, malaria infested valleys christianized nations of modern times. On the one
to the agencies of government, sovereignty itself which they look down upon from their fields — than it would side, we have the representatives of this wasted
remains with the people, by whom and for whom all be to order their decapitation en masse. race coming into this national tribunal of ours,
government exists and acts. And the law is the asking for justice and liberty to enable them to
definition and limitation of power. It is, indeed, quite There can be no denial that the Ifugaos are "non-Christians," adopt our boasted civilization, and to pursue the
true, that there must always be lodged somewhere, or "wild tribes" and are in exactly the same category as the arts of peace, which have made us great and happy
and in some person or body, the authority of final Manguianes. If the Manguianes may be so taken from their as a nation; on the other side, we have this
decision; and, in many cases of mere native habitat and reconcentrated on a reservation — in magnificent, if not magnanimous, government,
administration the responsibility is purely political, effect an open air jail — then so may the Ifugaos, so may the resisting this application with the determination of
no appeal lying except to the ultimate tribunal of the Tinguianes, who have made more progress than the Ifugaos, sending these people back to the country which is
public judgment, exercised either in the pressure of and so may the Moros. to them less desirable perpetual imprisonment in
opinion or by means of the suffrage. But the their own native land. But I think it is creditable to
fundamental rights to life, liberty, and the pursuit of the heart and mind of the brave and distinguished
happiness, considered as individual possessions, There are "non-Christian" in nearly every province in the
Philippine Islands. All of the thirty-nine governors upon the officer who is made respondent herein to say that
are secured by those maxims of constitutional law he has no sort of sympathy in the business in which
which are the monuments showing the victorious prior approval of the head of the department, have the power
under this law to take the non-Christian inhabitants of their he is forced by his position to bear a part so
progress of the race in securing to men the conspicuous; and, so far as I am individually
blessings of civilization under the reign of just and different provinces form their homes and put them on a
reservation for "their own good and the general good of the concerned, I think it not improper to say that, if the
equal laws, so that, in the famous language of strongest possible sympathy could give the relators
Massachusetts Bill of Rights, the Government of Philippines," and the court will grant them no relief. These
unfortunate citizens of the Philippine Islands would hold their title to freedom, they would have been restored to
Commonwealth "may be a government of law and liberty the moment the arguments in their behalf
not of men." For the very idea that one man may be liberty, and their lives, may be, subject to the unregulated
discretion of the provincial governor. were closed. no examination or further thought
compelled to hold his life, or the means of living, or would then have been necessary or expedient. But
any material right essential to the enjoyment of life, in a country where liberty is regulated by law,
at the mere will of another, seems to be intolerable And who would be safe? something more satisfactory and enduring than
in any country where freedom prevails, as being the mere sympathy must furnish and constitute the rule
essence of slavery itself. (Yick Wo vs. Hopkins, 118 After the reservation is once established might not a and basis of judicial action. It follows that this case
U.S., 374.) provincial governor decide that some political enemy was a must be examined and decided on principles of law,
non-Christian, and that he would be safer on the reservation. and that unless the relators are entitled to their
It is said that the present law is an old Act being substance No matter what his education and culture, he could have no discharge under the constitution or laws of the
Act No. 547 of the Philippine Commission. But it has never trial, he could make no defense, the judge of the court might United States, or some treaty, they must be
been brought before this court for determination of its remanded to the custody of the officer who caused
their arrest, to be returned to the Indian Territory custody for the purpose of being returned to the Poncas to the Indian Territory, and providing them
which they left without the consent of the Indian Territory. a home therein, with consent of the tribe. (19 Sta.,
government. 192.)
It is claimed upon the one side, and denied upon
On the 8th of April, 1879, the relators Standing the other, that the relators had withdrawn and xxx xxx xxx
Bear and twenty-five others, during the session of severed, for all time, their connection with the tribe
the court held at that time of Lincoln, presented to which they belonged; and upon this point alone The Poncas lived upon their reservation in southern
their petition, duly verified, praying for the was there any testimony produced by either party Dakota, and cultivated a portion of the same, until
allowance of a writ of habeas corpus and their final hereto. The other matter stated in the petition and two or three years ago, when they removed
discharged from custody thereunder. the return to the writ are conceded to be true; so therefrom, but whether by force or otherwise does
that the questions to be determined are purely not appear. At all event, we find a portion of them,
The petition alleges, in substance, that the relators questions of law. including the relators, located at some point in the
are Indians who have formerly belonged to the Indian Territory. There, the testimony seems to
Ponca tribe of Indians now located in the Indian On the 8th of Mar, 1859, a treaty was made by the show, is where the trouble commenced. Standing
Territory; that they had some time previously United States with the Ponca tribe of Indians, by Bear, the principal witness, states that out of five
withdrawn from the tribe, and completely severed which a certain tract of country, north of the hundred and eighty-one Indians who went from the
their tribal relations therewith, and had adopted the Niobrara river and west of the Missouri, was set reservation in Dakota to the Indian Territory, one
general habits of the whites, and were then apart for the permanent home of the aid Indians, in hundred and fifty-eight died within a year or so, and
endeavoring to maintain themselves by their own which the government agreed to protect them a great proportion of the others were sick and
exertions, and without aid or assistance from the during their good behaviour. But just when or how, disabled, caused, in a great measure, no doubt,
general government; that whilst they were thus or why, or under what circumstances, the Indians from change of climate; and to save himself and the
engaged, and without being guilty of violating any of left their reservation in Dakota and went to the survivors of his wasted family, and the feeble
the laws of the United States, they were arrested Indian Territory does not appear. remnant of his little band of followers, he
and restrained of their liberty by order of the determined to leave the Indian Territory and return
respondent, George Crook. xxx xxx xxx to his old home, where, to use his own language,
"he might live and die in peace, and be buried with
The writ was issued and served on the respondent his fathers." He also stated that he informed the
A question of much greater importance remains for agent of their final purpose to leave, never to return,
on the 8th day of April, and, the distance between consideration, which, when determined, will be
the place where the writ was made returnable and and that he and his followers had finally, fully, and
decisive of this whole controversy. This relates to forever severed his and their connection with the
the place where the relators were confined being the right of the government to arrest and hold the
more than twenty miles, ten days were alloted in Ponca tribe of Indians, and had resolved to disband
relators for a time, for the purpose of being returned as a tribe, or band of Indians, and to cut loose from
which to make return. to a point in the Indian Territory from which it is the government, go to work, become self-
alleged the Indians escaped. I am not vain enough sustaining, and adopt the habits and customs of a
On the 18th of April the writ was returned, and the to think that I can do full justice to a question like higher civilization. To accomplish what would seem
authority for the arrest and detention is therein the one under consideration. But, as the mater to be a desirable and laudable purpose, all who
shown. The substance of the return to the writ, and furnishes so much valuable material for discussion, were able to do so went to work to earn a living.
the additional statement since filed, is that the and so much food for reflection, I shall try to The Omaha Indians, who speak the same
relators are individual members of, and connected present it as viewed from my own standpoint, language, and with whom many of the Poncas have
with, the Ponca Tribe of Indians; that they had fled without reference to consequences or criticisms, long continued to intermarry, gave them
or escaped from a reservation situated in some which, though not specially invited, will be sure to employment and ground to cultivate, so as to make
place within the limits of the indian Territory — had follow. them self-sustaining. And it was when at the
departed therefrom without permission from the Omaha reservation, and when thus employed, that
government; and, at the request of the secretary of xxx xxx xxx they were arrested by order of the government, for
the interior, the general of the army had issued an the purpose of being taken back to the Indian
order which required the respondent to arrest and Territory. They claim to be unable to see the justice,
return the relators to their tribe in the Indian On the 15th day of August, 1876, congress passed
the general Indian appropriation bill, and in it we or reason, or wisdom, or necessity, of removing
Territory, and that, pursuant to the said order, he them by force from their own native plains and
had caused the relators to be arrested on the find a provision authorizing the secretary of the
interior to use $25,000 for the removal of the blood relations to a far-off country, in which they
Omaha Indian reservation, and that they were in his
 can see little but new-made graves opening for their
reception. The land from which they fled in fear has
no attractions for them. The love of home and
native land was strong enough in the minds of
these people to induce them to brave every peril to
return and live and die where they had been reared.
The bones of the dead son of Standing Bear were
not to repose in the land they hoped to be leaving
forever, but were carefully preserved and protected
and formed a part of what was to them melancholy
procession homeward. Such instances of parental
affections, and such love home and native land,
may be heathen in origin, but it seems to that they
are not unlike Christian in principle.

And the court declared that the Indians were illegally held by
authority of the United States and in violation of their right to
life, liberty, and the pursuit of happiness, and ordered their
release from custody.

This case is very similarly to the case of Standing Bear and

others.

I think this Court should declare that section 2145 and 2759
of the Administrative Code of 1917 are unconstitutional, null
and void, and that the petitioners are illegally restrained of
their liberty, and that they have been denied the equal
protection of the law, and order the respondents immediately
to liberate all of the petitioners.

Footnotes

1 218 U.S., 302; 54 L. ed., 1049.