Decision
13
G.R. No. 221139
understood in the context of a guardian-ward relationship." 51
Like
assimilation, it was eager to have indigenous peoples attune themselves to
the mainstream. This eagerness inevitably tended to measures that eroded
indigenous peoples' identities.
Spanish and American colonial rule was characterized by the "need to
impart civilization[.]" 52 In People v. Cayat: 53
As early as 1551, the Spanish Government had assumed an
unvarying solicitous attitude towards these inhabitants, and in the different
laws of the Indies, their concentration in so-called "reducciones"
(communities) had been persistently attempted with the end in view of
according them the "spiritual and temporal benefits" of civilized life.
Throughout the Spanish regime, it had been regarded by the Spanish
Government as a sacred "duty to conscience and humanity" to civilize
these less fortunate people living "in the obscurity of ignorance" and to
accord them the "moral and material advantages" of community life and
the "protection and vigilance afforded them by the same laws." (Decree of
the Governor-General of the Philippines, Jan. 14, 1887.) This policy had
not been deflected from during the American period. President McKinley
in his instructions to the Philippine Commission of April 7, 1900, said:
In dealing with the uncivilized tribes of the Islands,
the Commission should adopt the same course followed by
Congress in permitting the tribes of our North American
Indians to maintain their tribal organization and
government, and under which many of those tribes are now
living in peace and contentment, surrounded by civilization
to which they are unable or unwilling to conform. Such
tribal government should, however, be subjected to wise
and firm regulation; and, without undue or petty
interference, constant and active effort should be exercised
to prevent barbarous practices and introduce civilized
customs. 54
The 1935 Constitution was silent on indigenous peoples. However, it
was under the 1935 Constitution that Republic Act No. 1888, creating the
Commission on National Integration, was passed. Its title and declaration of
policy reveal a predisposed view of "Non-Christian Filipinos" or "National
Cultural Minorities" as uncultivated, and whose advancement depended on
the extent to which they were integrated to the mainstream:
REPUBLIC ACT NO. 1888
AN ACT TO EFFECTUATE IN A MORE RAPID AND COMPLETE
51
52
53
54
J. Puno, Separate Opinion in Cruz v. Secretary of Environment and Natural Resources, 400 Phil. 904,
957 (2000) [Per Curiam, En Banc].
Sedfrey M. Candelaria, Introducing the Indigenous Peoples' Rights Act, 47 Ateneo L.J. 571, 573
(2002).
68 Phil. 12 (1939) [Per J. Moran, First Division].
Id. at 17.
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