Rubi v.

Provincial Board of Mindoro KEYWORDS: The Philippine version of Avatar (only unlike Avatar, I HATE this case because Malcolm was so narrow-min e , an it i n!t have the same messa"e as the film# FACTS: $ince %time immemorial& ($panish re"ime#, there has been a se"re"ation of %non'hristian Tribes& in the Philippines( The rationale is to facilitate the transformation of these societies into civility( The same se"re"ation was espouse un er the American A ministration( There was a )ureau of non-'hristian Tribes un er the *r"anic +aw, an even un er statute, particularly the A ministrative 'o e of ,-,. allowe provincial boar s to etermine, by virtue of the interest of law an or er, se"re"ation of uncivilise /non-'hristian Tribes to be approve by the $ecretary of Interior( )y virtue of such laws, the Provincial )oar of Min oro a opte re olu!ion "o. #$ which esi"nate 011 hectares of the sitio of Ti"bao as the permanent settlement of the Man"yanes in Min oro( This was approve by the $ecretary of Interior( The resolution was with a penal clause that refusal of compliance will entail imprisonment not more than 21- ays in accor ance with section 3.4- of the revise A ministrative 'o e 5ubi, et al( applie for a %ri! of &abea cor'u for bein" ille"ally eprive of their liberty by provincial officials as they are bein" hel on the reservation in Ti"bao a"ainst their will( (one of them even escape from the reservation an is bein" hel in custo y by the provincial sheriff# o It is important to un erstan that the Man"uianes are e(i)no(adic in nature, an are one of the tribes that practise caigin( o The $panish, Americans consi er their lifestyle as uncivilise an barbaric, an actually has nothin" to o with reli"ious affiliation (since by their classification, members of other faiths who live like they o are not part of these non-'hristians# *SS+E: 6as there un ue ele"ation of le"islative power to the provincial authorities in the creation of these reservations7 R+,*"-: 8o, there is no unlawful ele"ation of le"islative power by the Philippine +e"islature to provincial officials an a epartment hea ( The two-fol istinction is this9 (,# is it ele"ation to make the law, which inclu es the iscretion on what it shall be: or is it (3# conferrin" an authority or iscretion as to its e;ecution, to be e;ercise un er an in pursuance of the law7

Malcolm felt that the authority "iven to provincial boar s falls un er the secon , which is allowable un er the rule on non- ele"ation of powers( Another e;ception to the "eneral rule, is that the central le"islative bo y is allowe , since time immemorial, to ele"ate le"islative powers to local authorities( The 'rovincial .overnor an the 'rovincial board, as official representatives of the province are better <ualifie to =u "e %when such a course is eeme necessary in the in!ere ! of la% and order(& This is un er the presumption that they know their territory an their constituents the best(