Constitutional Law 1 Digest by-J.

Baliton

Co Kim Chan v Valdez Tan Keh and Arsenio Dizon

G.R. No. L-51
November 16, 1945

FACTS: Petitioner Co Kim Chan had a pending civil case

during the Japanese occupation. They filed a mandamus
seeking to continue the proceedings

However, Judge Arsenio Dizon refused to continue the

hearings on the case as after the Liberation of the Philippines,
all judicial proceedings and judgments were invalidated and
nullified with the proclamation of General Douglas Mac Arthur
declaring all laws and regulations and processes of any
government in the Philippines than that of the said
Commonwealth are null and void and without the legal effect in
areas of the Philippines free of enemy occupation and control.

It was contended that without enabling law granting such

authority, courts have no jurisdiction to take cognizance of and
continue judicial proceedings pending in the courts of the
Philippines.

ISSUE:
Whether or not the judicial acts and proceedings from the
Japanese period remain valid even so after the liberation or
reoccupation of the Philippines from Japan to United States?

HELD:
Yes, judicial acts and proceedings shall still remain valid
even if there is a reoccupation. All judicial proceedings shall be
recognized even they were made during a de facto government

De jure Government vs De Facto Government

Effects of Change in Sovereignty
1 | Co Kim Chan v Valdez Tan Keh
Constitutional Law 1 Digest by-J.Baliton

(Japanese occupation is also considered as de facto

government). This is so because invalidating them would
violate the laws of the land. As laws in de facto government still
remain in force even legislative acts which are not of political
complexion remain good and valid even so after the
reoccupation of the Philippine by the American and Filipino
forces from Japanese military occupation.

2 | Co Kim Chan v Valdez Tan Keh