Laurel vs Misa Case Digest – GR No. L-409, January 30, 1947

Laurel vs Misa Case Digest

Laurel vs Misa Case Digest


Facts

Anastacio Laurel filed for a petition for habeas corpus based on the theory that a Filipino citizen who adhered to the enemy giving the latter aid and comfort during the Japanese occupation can not be prosecuted for the crime of treason defined and penalized by Article 114 of the Revised Penal Code for the reason that the sovereignty of the legitimate government in the Philippines and, consequently the correlative allegiance of Filipino citizens thereto was then suspended.


Alcantara vs Director of Prisons Case Digest GR No. L-6, November 29, 1945


Issue

Whether the sovereignty of the legitimate government in the Philippines was then suspended.

Ruling

The absolute and permanent allegiance of the inhabitants of a territory occupied by the enemy to their legitimate government or sovereignty is not abrogated or severed de jure is not transferred thereby to the occupier, and if it is not transferred to the occupant it must necessarily remain vested in the legitimate government.

The petition is denied


Laurel vs Misa Case Digest

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