Co Kim Cham vs. Valdez Tan Keh

Facts:

Petitioner Co Kim Cham had as pending civil Case initiated during

the time of the Japanese occupation. After the liberation of Manila

Judge Arsenio Dizon refused to continue hearings on his case saying

that the proclamation of Gen Douglas MacArthur has invalidated

and nullified all judicial proceedings and judgements of the courts of

the Philippines and without the enabling law, lower courts have no

jurisdiction to take cognizance of proceedings pending in the courts

of the defunct Republic of the Philippines under the Japanese.

Issues:

1. Whether or Not judicial proceedings and decisions during

the Japanese Occupation were valid and remained valid.

2. Whether or not the proclamation of General MacArthur

declared that all laws, regulations and processes of any

other Government other than that of the commonwealth

are null and void, invalidated and all judgements and

judicial acts proceeding from the courts.

3. Whether or not of they were invalidated (reference to No.

2), the courts can continue hearing the cases pending

before them

Held:

1. It is a legal truism in political and international law that all

acts and proceedings and non-political judgements of a de

facto government are good and valid. 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, which are not of a political

complexion, were good and valid, and, by virtue of the

well-known principle of postliminy (postliminium) in

international law, remained good and valid after the

liberation or reoccupation of the Philippines by the

American and Filipino forces under the leadership of

General Douglas MacArthur.

2. it 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 international law. The only

reasonable construction of the said phrase is that it refers

to governmental processes other than judicial processes of

court proceedings.

"a statute ought never to be construed to violate the law

of nations if any other possible construction remains."

If a belligerent occupant is required to establish courts of

justice in the territory occupied, and forbidden to prevent

the nationals thereof from asserting or enforcing therein

their civil rights, by necessary implication, the military

commander of the forces of liberation or the restored

government is restrained from nullifying or setting aside

the judgments rendered by said courts in their litigation

during the period of occupation.

3. the proceedings in cases then pending in said court may

continue, without necessity of enacting a law conferring

jurisdiction upon them to continue said proceedings.

The laws and courts of the Philippines did not become the

laws and courts of Japan by being continued as required

by the law of nations.

Same courts may continue exercising the same

jurisdictions and cases pending therein before the

restoration of the commonwealth until abolished and

replaced by the said government.

DECISION: WRIT OF MANDAMUS IS ISSUED to the judge of the Court

Of First Instance of Manila ordering him to take cognizance and

continue to final judgement the proceedings in Case No. 3012.

3 Kinds of De Facto Government:

1. Established through Rebellion Governments gets

possession and control through the force of the voice of

the majority and maintains itself rightful government

2. Established through Occupation (PARAMOUNT FORCE)

Maintained by the military forces who invade and occupy

the territory of the enemy.

3. Established through Insurrection Established as an

independent government by the inhabitants of the

country who rise in insurrection against the parent state.