Beruflich Dokumente
Kultur Dokumente
16, 1945
Facts :
Co Kim Chan had a pending civil case, initiated during the Japanese
occupation, with the Court of First Instance of Manila. After the Liberation
of the Manila and the American occupation, Judge Arsenio Dizon refused to
continue hearings on the case, saying that a proclamation issued by
General Douglas MacArthur had invalidated and nullified all judicial
proceedings and judgments of the courts of the Philippines and, without an
enabling law, lower courts have no jurisdiction to take cognizance of and
continue judicial proceedings pending in the courts of the defunct Republic
of the Philippines (the Philippine government under the Japanese).
Issues:
1. Whether or not judicial proceedings and decisions made during the
Japanese occupation were valid and remained valid even after the
American occupation;
2. Whether or not the October 23, 1944 proclamation MacArthur issued in
which he declared that all laws, regulations and processes of any other
government in the Philippines than that of the said Commonwealth are
null and void and without legal effect in areas of the Philippines free of
enemy occupation and control invalidated all judgments and judicial acts
and proceedings of the courts;
3. And whether or not if they were not invalidated by MacArthurs
proclamation, those courts could continue hearing the cases pending
before them.
Ratio:
Political and international law recognizes that all acts and proceedings of a
de facto government are good and valid. The Philippine Executive
Commission and the Republic of the Philippines under the Japanese
occupation may be considered de facto governments, supported by the
military force and deriving their authority from the laws of war.
Municipal laws and private laws, however, usually remain in force unless
suspended or changed by the conqueror. Civil obedience is expected even
during war, for the existence of a state of insurrection and war did not
loosen the bonds of society, or do away with civil government or the
regular administration of the laws. And if they were not valid, then it would
not have been necessary for MacArthur to come out with a proclamation
abrogating them.
The second question, the court said, hinges on the interpretation of the
phrase processes of any other government and whether or not he
intended it to annul all other judgments and judicial proceedings of courts
during the Japanese military occupation.
IF, according to international law, non-political judgments and judicial
proceedings of de facto governments are valid and remain valid even after
the occupied territory has been liberated, then it could not have been