MEMORANDUM

From :

Re : Rubi, et al. v. Provincial Board of Mindoro ; Police power

Date : 16 October2021

Query/Restatement of the Facts/Issue:

This memorandum addresses the question on whether the notice from the local government
authorities asking informal settlers , residing for decades in the outskirts of Mount Makiling , to
vacate is a valid exercise of police power.

Discussion:

From the facts given, the local government authorities invoke the case of of Rubi, et al. v.
Provincial Board of Mindoro, G.R. No. 14078, 07 March 1919 to justify the validity of the notice
as a valid exercise of the police power of the state. However, the case of Rubi et al cannot be
applied to the case at bar. In the case of Rubi et al. vs. Provincial Board of Mindoro the
Supreme court ruled that The authority of the executive officials per section 2145 of the
Administrative Code does not unduly interfere with the liberty of the Manguianes. Rather, it is a
legitimate exercise of the police power, and thus is constitutional. The supreme court explains
their decision:

“The Liberty of the citizens may be restrained in the interest of the public health, or of the
public order and safety, or otherwise within the proper scope of the police power.”

The constitution provides “That no law shall be enacted in said Islands which shall deprive any
person of life, liberty, or property without due process of law, or deny to any person therein the
equal protection of the laws." In the said case, the court stated that none of the rights of the
citizen can be taken away except by due process of law . Hence, police power must be
exercised within the bounds of due process and equal protection of the laws.

However, the court in the same case the court clarified that “the exercise of the police power
of the Philippine Government belongs to the Legislature and that this power is limited
only by the Acts of Congress and those fundamental principles which lie at the
foundation of all republican forms of government."

It may be said that the ruling in Rubi, et al. v. Provincial Board of Mindoro cannot be applied in
the case at bar because the case of rubi emphasizes that the police power of the Government
belongs to the Legislature and that this power is limited only by the Acts of Congress.

In the case of rubi, the basis for interfering with the liberty of the Manguianes is section 2145 of
the Administrative Code.
 In the present case, there were no laws at all enacted by the congress or the legislative body
that that validly delegates to the local government authorities the power to force the residents
who have been residing for decades in Mount Makiling, Laguna Province to vacate merely on
the ground of extensive environmental damage.

Therefore, the clients cannot be asked to forcefully vacate their residence without a law enacted
by congress that grants the local government authorities to do so without violating their due
process.