G.R. No. L-5 – 75 Phil. 113 – Political Law – Constitutional Law – General Principles – Elements of a State – Government – De Jure vs De Facto Government
Co Kim Cham filed a civil case against Eusebio Tan Keh before the trial court of Manila presided by Judge Arsenio Dizon. In January 1942 while the case was pending, the Philippines was occupied by the Japanese which immediately proclaimed martial law. In the same month, the Philippine Executive Commission was organized by the Japanese. The Japanese installed Filipino officials in the PEC the purpose of which was to supervise administrative and judicial agencies in the Philippines.
In October 1943, the Japanese inaugurated the Republic of the Philippines which took over the functions of the PEC.
In October 1944, after the Mactan Landing, Gen. Douglas MacArthur re-proclaimed the validity of the Commonwealth Government of the Philippines in all parts occupied by the Americans. He also declared “all laws, regulations and processes of any other government in the Philippines than that of the said Commonwealth are null and void.”
In February 1945, it was proclaimed that all parts of the Philippine Islands were liberated from Japanese occupation.
Thereafter, Co Kim Cham moved for the resumption of the hearing in the case he filed against Eusebio. Judge Dizon denied his motion on the ground that the pronouncements of MacArthur had the effect of nullifying all judicial proceedings and judgments of the courts of the Philippines under the Philippine Executive Commission and the Republic of the Philippines.
ISSUE: Whether or not Judge Arsenio is correct.
HELD: No. The governments under the Japanese are de fact governments. Under The Hague Conventions of 1907, de facto governments or occupying governments or belligerent governments shall take all steps in their power to reestablish and insure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country. Being de facto governments, the judicial acts and proceedings of the courts of those governments, which are not of a political complexion, were good and valid, and, by virtue of the well-known principle of postliminy (postliminium) in international law, remained good and valid after the liberation or reoccupation of the Philippines by the American and Filipino forces. The fact that a territory which has been occupied by an enemy comes again into the power of its legitimate government or sovereignty, “does not, except in a very few cases, wipe out the effects of acts done by an invader, which for one reason or another it is within his competence to do. Thus judicial acts done under his control, when they are not of a political complexion, administrative acts so done, to the extent that they take effect during the continuance of his control, and the various acts done during the same time by private persons under the sanction of municipal law, remain good. Were it otherwise, the whole social life of a community would be paralyzed by an invasion; and as between the state and individuals’ the evil would be scarcely less, it would be hard for example that payment of taxes made under duress should be ignored, and it would be contrary to the general interest that sentences passed upon criminals should be annulled by the disappearance of the intrusive government.
MacArthur’s phrase “processes of any other government” is broad but it cannot be presumed that he meant to include judicial processes. A reasonable interpretation of what he said is that it refers to governmental or political processes other than judicial processes or court proceedings. Thus, all judgments and judicial proceedings, which are not of a political complexion, of the de facto governments during the Japanese military occupation were good and valid before and remained so after the occupied territory had come again into the power of the titular sovereign.
Judge Arsenio was directed to resume trial.
