Constitutional Law 1

Title: Laurel v. Misa 77 PHIL 856

Date: January 30, 1947

Ponente: Bengzon J.

ANASTACIO LAUREL, petitioner, ERIBERTO MISA, respondent.

FACTS
A petition for habeas corpus was filed by Anastacio Laurel. He claims that a Filipino citizen who adhered
to the enemy giving the latter aid and comfort during the Japanese occupation cannot be prosecuted for
the crime of treason for the reasons that the sovereignty of the legitimate government in the Philippines
and consequently the correlative allegiance of Filipino citizen thereto were then suspended; and that
there was a change of sovereignty over these Islands upon the proclamation of the Philippine Republic.

ISSUE/S
WHETHER OR NOT THE ABSOLUTE ALLEGIANCE OF A FILIPINO CITIZEN TO THE GOVERNMENT BECOMES
SUSPENDED DURING OCCUPATION.
HELD/RATIO DECIDENDI
NO! The absolute and permanent allegiance of the inhabitants of a territory occupied by the enemy of
their legitimate government or sovereign is not abrogated or severed by the enemy occupation because
the sovereignty of the government or sovereign de jure is not transferred thereby to the occupier. It
remains vested in the legitimate government.

What may be suspended is the exercise of the rights of sovereignty with the control and government of
the territory occupied by the enemy passes temporarily to the occupant. The political laws which prescribe
the reciprocal rights, duties and obligation of government and citizens, are suspended in abeyance during
military occupation.
Notes

DISSENT:

During the long period of Japanese occupation, all the political laws of the Philippines were
suspended. This is full harmony with the generally accepted principles of the international law
adopted by our Constitution [ Art. II, Sec. 3 ] as part of law of the nation.

The inhabitants of the occupied territory should necessarily be bound to the sole authority of the
invading power whose interest and requirements are naturally in conflict with those of displaced
government, if it is legitimate for the military occupant to demand and enforce from the inhabit ants
such obedience as may be necessary for the security of his forces, for the maintenance of the law and
order, and for the proper administration of the country.