October has been designated as Indigenous Peoples Month and the Catholic Church has also designated one Sunday in the same month as Indigenous Peoples Sunday. It is quite unfortunate that we now look back at moments in history where the indigenous peoples were treated severely because the more powerful civilizations or governments perceived them differently. During those times, there was no institution or government to make a declaration or defend the “outsiders” from unfair or cruel treatment. The interest of these governments or institutions came paramount and did not have any time to consider the concern of the “outsider”. It is only now that we look back and reflect on the actions of many governments including our own against those who do not or are not willing to conform with the behaviour or expected behaviour of the “insiders”. Governments did not have time to reflect on its actions against those people who had difficulty conforming with the rules because they had different customs and traditions. It has always been about “for the greater good of the greater number”. The culture groups who comprise the minority then had to necessarily suffer under this policy. The minority had to be subservient to the welfare of the majority.
No Right to Drink
When the United States of America annexed or bought the Philippines from the Spanish crown at the turn of the 20th century, it adopted the same policy with regard to the American Indians or Native Americans in their home land and the policy of their predecessor in the Philippines. The US government continued the Spanish Government’s classification of the indigenous peoples and called them “non-christian tribes” and their role is to integrate them with the general population. There are therefore some activities these “non-christian” tribes cannot do or engage in, such as possession and drinking alcohol except for their own fermented drinks as prohibited and penalised by Act 1639. Because the native residents of Baguio loved to drink, Cayat was caught in possession of a much needed alcohol. He was then charged and eventually found guilty of violating Act 1639 by the trial court judge. He appealed of course alleging that the law under which he was convicted was unconstitutional for being discriminatory and denies him of the equal protection of the laws among other grounds.
Valid Discrimination
The Supreme Court upheld the validity of Act 1639. “The prohibition “to buy, receive, have in his possession, or drink any ardent spirits, ale, beer, wine, or intoxicating liquors of any kind, other than the so-called native wines and liquors which the members of such tribes have been accustomed themselves to make prior to the passage of this Act.,” is unquestionably designed to insure peace and order in and among the non-Christian tribes. It has been the sad experience of the past, as the observations of the lower court disclose, that the free use of highly intoxicating liquors by the non-Christian tribes have often resulted in lawlessness and crimes, thereby hampering the efforts of the government to raise their standard of life and civilization.” (G.R. No. L-45987, May 5, 1939) The SC had this to add: “The law, then, does not seek to mark the non-Christian tribes as “an inferior or less capable race.” On the contrary, all measures thus far adopted in the promotion of the public policy towards them rest upon a recognition of their inherent right to equality in the enjoyment of those privileges now enjoyed by their Christian brothers. But as there can be no true equality before the law, if there is, in fact, no equality in education, the government has endeavored, by appropriate measures, to raise their culture and civilization and secure for them the benefits of their progress, with the ultimate end in view of placing them with their Christian brothers on the basis of true equality” Times have changed and discrimination based on ethnicity or culture is no longer tolerated in the present society. It is only unfortunate that Cayat lived in a time when he could not enjoy a drink or two and have a good time.