CO KIM CHAM vs. EUSEBIO VALDEZ TAN KEH and HON. ARSENIO P.

DIZON
G.R. No. L-5
17 September 1945, En Banc, Feria, J.

FACTS

On January 2, 1942, the Imperial Japanese Forces occupied Manila signaling the
onset of Second World War. Japanese Forces issued a proclamation stating that all
laws, executive and judicial institutions, shall continue to be effective and all public
officials shall remain in their present posts and carry on faithfully their duties.
Subsequently, the Philippine Executive Commission (PEC) was established for the
purpose of coordinating the existence of central administrative organs and judicial
courts during the invasion of the Japanese forces. Later, the Republic of the Philippines
was inaugurated on October 14, 1943. However, no substantial change was effected in
the organization and jurisdiction of the different courts that functioned under the PEC
and in the laws they administered and enforced. Years after, Philippines was liberated
and American control was restored upon defeat of the Japanese forces. American
General Douglas MacArthur further proclaimed on October 23, 1944 that all laws,
regulations and processes of any of the government in the Philippines than that of the
Commonwealth are null and void and without legal effect in areas free of enemy
occupation and control.

This case is a petition for mandamus in which petitioner, Co Kim Cham, prays
that the respondent judge, Hon. Arsenio P. Dizon (Judge Dizon), of the lower court be
ordered to continue the proceedings in Civil Case No. 3012 of said court, which were
initiated under the regime of the so-called Republic of the Philippines established during
the Japanese military occupation.

Judge Dizon refused to continue the proceedings in said case on the ground that
the proclamation issued by General Douglas MacArthur had the effect of invalidating
and nullifying all judicial proceedings and judgments of the court of the Philippines
under the PEC and the Republic of the Philippines established during the Japanese
military occupation. Also lower courts have no jurisdiction to take cognizance of judicial
proceedings pending in the absence of an enabling law granting such authority. He also
stressed that the laws they enforced were laws of the Commonwealth prior to Japanese
occupation, but they had become the laws — and the courts had become the
institutions — of Japan by adoption as they became later on the laws and institutions of
the Philippine Executive Commission and the Republic of the Philippines.

ISSUES
 1. Whether or not under the rules of international law, the judicial acts and
proceedings of the courts established under the Philippine Executive
Commission and the Republic of the Philippines were good and valid and
remained to be so even after the liberation of the country

2. Whether the proclamation issued on October 23, 1944 by General MacArthur has
invalidated all judgments, judicial acts and proceedings of the courts

3. Whether the present courts of the Commonwealth, which were the same court
existing prior to the Japanese military occupation of the Philippines, may
continue those proceedings pending in said courts at the time the Philippines
were reoccupied by the United States and Filipino forces, and the
Commonwealth of the Philippines were reestablished in the Islands

HELD

1. Yes. The governments by the Philippine Executive Commission and the Republic
of the Philippines during the Japanese military occupation being de facto
governments, it necessarily follows that the judicial acts and proceedings of the
courts of justice of those governments were good and valid. And by virtue of the
well-known principle of postliminy (postliminium) in international law, the judicial
acts and proceedings of the courts remained good and valid after the liberation of
the Philippines by the American and Filipino forces. According to the
aforementioned principle, the fact that a territory which has been occupied by an
enemy comes again into the power of its legitimate government of sovereignty,
does not, except in a very few cases, wipe out the effects of acts done by an
invader. Were it otherwise, the whole social life of a community would be
paralyzed by an invasion.

2. No. Taking into consideration the well-known principles of international law, all
judgments and judicial proceedings of the de facto governments during the
Japanese military occupation were good and valid before and remained so valid
after liberation of the Philippines. Therefore, it is evident that the proclamation of
General MacArthur of October 23, 1944 has not invalidated the judicial acts and
proceedings of the courts of justice in the Philippines that were continued by the
Philippine Executive Commission and the Republic of the Philippines during the
Japanese military occupation.

3. Yes. As courts are creatures of statutes and their existence defends upon that of
the laws which confer upon them their jurisdiction, it is evident that such laws are
not abrogated by a change of sovereignty, and continue in force "ex proprio
vigore" unless repealed by legislative acts. A proclamation that said laws and
courts are expressly continued is not necessary in order that they may continue
in force. Such proclamation, if made, is but a declaration of the intention of
respecting and not repealing those laws. Therefore, even assuming that Japan
had legally acquired sovereignty over these Islands, which she had afterwards
transferred to the so-called Republic of the Philippines, and that the laws and the
courts of these Islands had become the courts of Japan, it necessarily follows
that the same courts may continue exercising the same jurisdiction over cases
pending therein before the restoration of the Commonwealth Government, unless
they are abolished or the laws creating and conferring jurisdiction upon them are
repealed by the said government.

In view of all the foregoing it is adjudged that a writ of mandamus issue, directed
to the respondent judge of the Court of First Instance of Manila, ordering him to
continue final judgment of the proceedings in Civil Case No. 3012 of said court.