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    Co Kim Cham V Valdez Tan Keh

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    Niña Alvia
    Petitioner Co Kim Cham has a pending civil case in the Court of First Instance of Manila that was initiated during the Japanese occupation. Judge Arsenio Dizon refused to continue hearings, arguing that a proclamation by General MacArthur invalidated all legal proceedings under the Japanese. However, it is argued that the Japanese occupation established a de facto government, so those legal proceedings remain valid. Additionally, the proclamation's phrase "processes of any other government" likely referred to political/legislative processes, not judicial acts. The Supreme Court ultimately ruled the Japanese occupation was a de facto government, so the legal proceedings were still valid and the courts had jurisdiction to continue the case.

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    Co Kim Cham V Valdez Tan Keh

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    Niña Alvia
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    Petitioner Co Kim Cham has a pending civil case in the Court of First Instance of Manila that was initiated during the Japanese occupation. Judge Arsenio Dizon refused to continue hearings, arguing that a proclamation by General MacArthur invalidated all legal proceedings under the Japanese. However, it is argued that the Japanese occupation established a de facto government, so those legal proceedings remain valid. Additionally, the proclamation's phrase "processes of any other government" likely referred to political/legislative processes, not judicial acts. The Supreme Court ultimately ruled the Japanese occupation was a de facto government, so the legal proceedings were still valid and the courts had jurisdiction to continue the case.

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    Co Kim Cham v Valdez Tan Keh

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    Petitioner Co Kim Cham has a pending civil case in the Court of First Instance of Manila that was initiated during the Japanese occupation. Judge Arsenio Dizon refused to continue hearings, arguing that a proclamation by General MacArthur invalidated all legal proceedings under the Japanese. However, it is argued that the Japanese occupation established a de facto government, so those legal proceedings remain valid. Additionally, the proclamation's phrase "processes of any other government" likely referred to political/legislative processes, not judicial acts. The Supreme Court ultimately ruled the Japanese occupation was a de facto government, so the legal proceedings were still valid and the courts had jurisdiction to continue the case.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    31 views2 pages

    Co Kim Cham V Valdez Tan Keh

    Uploaded by

    Niña Alvia
    Petitioner Co Kim Cham has a pending civil case in the Court of First Instance of Manila that was initiated during the Japanese occupation. Judge Arsenio Dizon refused to continue hearings, arguing that a proclamation by General MacArthur invalidated all legal proceedings under the Japanese. However, it is argued that the Japanese occupation established a de facto government, so those legal proceedings remain valid. Additionally, the proclamation's phrase "processes of any other government" likely referred to political/legislative processes, not judicial acts. The Supreme Court ultimately ruled the Japanese occupation was a de facto government, so the legal proceedings were still valid and the courts had jurisdiction to continue the case.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Co Kim Chan v. Valdez Tan Keh 2.

    The respondent judge, Judge Arsenio Dizon, refused to continue


    G.R. Np. L-5a | November 16, 1945 | En Banc | De facto government hearings on the case which were initiated during the Japanese military
    occupation on the ground that the proclamation issued by General
    MacArthur that “all laws, regulations and processes of any other
    government in the Philippines than that of the said Commonwealth are
    Petitioner: Co Kim Chan null and void and without legal effect in areas of the Philippines free of
    Respondents: Eusebio Valdez Tan Keh enemy occupation and control” had the effect of invalidating and
    nullifying all judicial proceedings and judgments of the court of the
    SUMMARY: Petitioner, Co Kim Cham has filed a pending civil case under the Philippines during the Japanese military occupation, and that the lower
    Court of First Instance of Manila and Judge Arsenio P. Dizon during the duration courts have no jurisdiction to take cognizance of and continue judicial
    of the Japanese occupation. Judge Dizon, however refused to continue the proceedings pending in the courts of the defunct Republic of the
    hearing in lieu of the proclamation issued by General Douglas McArthur (during Philippines in the absence of an enabling law granting such authority.
    the American re-occupation) which allegedly invalidated and nullified all judicial 3. Respondent additionally contends that the government established
    proceedings and judgments of the court during the Japanese occupation. during the Japanese occupation were no de facto government.
    Furthermore, it is argued by the respondent that the Japanese occupation was not
    to be considered a de facto government. ISSUE/S:
    1. W/N the judicial acts and proceedings made under Japanese occupation
    ISSUE: W/N the judicial acts and proceedings made under Japanese occupation were valid and remained valid even after the American re-occupation
    were valid and remained valid even after the American re-occupation (YES) (YES - All acts and proceedings of the legislative, executive, and
    judicial departments of a de facto government are good and valid).
    W/N the October 23, 1944 proclamation issued by General MacArthur declaring 2. W/N the October 23, 1944 proclamation issued by General MacArthur
    that “all laws, regulations and processes of any other government in the declaring that “all laws, regulations and processes of any other
    Philippines than that of the said Commonwealth are null and void and without legal government in the Philippines than that of the said Commonwealth are
    effect in areas of the Philippines free of enemy occupation and control” has null and void and without legal effect in areas of the Philippines free of
    invalidated all judgments and judicial acts and proceedings of the courts (NO) enemy occupation and control” has invalidated all judgments and judicial
    acts and proceedings of the courts (NO - The phrase “processes of
    W/N the courts of the Commonwealth have jurisdiction to continue now the any other government” is broad and may refer not only to the
    proceedings in actions pending in the courts at the time the Philippine Islands judicial processes (against international law), but also to
    were reoccupied or liberated by the American and Filipino forces (YES) administrative or legislative, as well as constitutional, processes of
    the Republic of the Philippines or other governmental agencies
    RULING: The Republic of the Philippines under the Japanese occupation is established in the Islands during the Japanese occupation).
    thereby to be considered a de facto government. The Court en banc approved the 3. W/N the courts of the Commonwealth have jurisdiction to continue now
    petition for mandamus to compel the respondent judge, Judge Dizon of the the proceedings in actions pending in the courts at the time the
    Court of First Instance of Manila, to continue the proceedings in the said case. Philippine Islands were reoccupied or liberated by the American and
    While the motion for reconsideration filed by the respondents were thereby Filipino forces (YES – The invader does not usually take the
    denied. administration of justice into his own hands, but continues the
    ordinary courts or tribunals to administer the laws of the country
    which he is enjoined, unless absolutely prevented by law).
    DOCTRINE: (Article II, Section I) A de facto government is a government
    established under the defiance of a legitimate sovereign. HELD/RATIO:
    1. All acts and proceedings of the legislative, executive, and judicial
    FACTS: departments of a de facto government are good and valid. If the
    1. Petitioner Co Kim Cham had a pending Civil Case with the Court of First governments established in these Islands under the names of the
    Instance of Manila initiated during the time of the Japanese occupation. Philippine Executive Commission and Republic of the Philippines during
    the Japanese military occupation or regime were de facto governments,

    1
    the judicial acts and proceedings of those governments remain good and the said case. While the motion for reconsideration filed by the respondents
    valid even after the liberation or reoccupation of the Philippines by the were thereby denied.
    American and Filipino forces. The governments by the Philippine Executive
    Commission and the Republic of the Philippines during the Japanese
    military occupation being de facto governments, necessarily follows that the
    judicial acts and proceedings of the courts of justice of those governments,
    which are not of a political complexion, were good and valid, and, by virtue
    of the well-known principle of postliminy in international law, remained good
    and valid after the liberation or re-occupation of the Philippines by the
    American and Filipino forces under the leadership of General Douglas
    MacArthur.
    a. Political and international law recognizes that all acts and
    proceedings of a de facto government (supported by the military
    force and deriving their authority from the laws of war) are good
    and valid.
    2. t should be presumed that it was not, and could not have been, the intention
    of General Douglas MacArthur, in using the phrase “processes of any other
    government” in said proclamation, to refer to judicial processes, in violation
    of said principles of laws of nation. The legislative power of a commander in
    chief of military forces who liberates or reoccupies his own territory which
    has been occupied by an enemy, during the military and before the
    restoration of the civil regime, is as broad as that of the commander in chief
    of the military forces of invasion and occupation. It is to be presumed that
    General Douglas MacArthur, who was acting as an agent or a
    representative of the Government and the President of the United States,
    constitutional commander in chief of the United States Army, did not intend
    to act against the principles of the law of nations asserted by the Supreme
    Court of the United States from the early period of its existence, applied by
    the Presidents of the United States, and later embodied in the Hague
    Conventions of 1907.
    3. In the Executive Order of President McKinley to the Secretary of War, “in
    practice, (the municipal laws) are not usually abrogated but are allowed to
    remain in force and to be administered by the ordinary tribunals
    substantially as they were before the occupation. “From a theoretical point
    of view, it may be said that the conqueror is armed with the right to
    substitute his arbitrary will for all preexisting forms of government,
    legislative, executive and judicial. From the standpoint of actual practice
    such arbitrary will is restrained by the provision of the law of nations which
    compels the conqueror to continue local laws and institution so far as
    military necessity will permit.

    DISPOSITION: ACCORDINGLY, The Republic of the Philippines under the


    Japanese occupation is thereby to be considered a de facto government. The Court
    en banc approved the petition for mandamus to compel the respondent judge,
    Judge Dizon of the Court of First Instance of Manila, to continue the proceedings in

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