Co Kim Chan vs Valdez Case Digest
Petitioner filed a motion for mandamus praying that the respondent judge be ordered to continue the proceedings in civil case no. 3012, which was initiated under the regime of the so-called Republic of the Philippines established during the Japanese military occupation of the islands.
Facts
When the Imperial Japanese Forces occupied the City of Manila they proclaimed among other things that “all laws now in force in the Commonwealth, as well as the executive and judicial institution, shall continue to be effective for the time being as in the past. When General Mac Arthur returned in Leyte, he proclaimed that “the laws existing in the statute books of the Commonwealth of the Philippines are in all full force and effect and legally binding” and that “all laws, regulations, and processes of any other government on the Philippines than that of the said commonwealth are null and void without legal effect.
Issue
Whether the government established during the Japanese occupation was a de facto government.
Ruling and Analysis
Yes.
The government established under the names of the Philippine Executive Commission and the Republic of the Philippines during the Japanese occupation was a civil government and a de facto government of the second kind: that which is established and maintained by military forces who invade and occupy a territory of the enemy in the course of the war. The distinguishing characteristics of this kind of de facto government are;
- that its existence is maintained by active military power within the territories, and against the rightful authority of an established and lawful government; and
- that while it exists it must necessarily be obeyed in civil matters by private citizens who, by acts of obedience rendered in submission to such force, do not become responsible, as wrongdoers, for those acts, though not warranted by the laws of the rightful government.
Co Kim Chan vs Valdez Case Digest
