Co Kim Chan vs. Valdez Tan Keh Case Digest

Co Kim Cham vs. Valdez Tan Keh

"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.

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.

3.

Issues:

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.

1.

Whether or Not judicial proceedings and decisions during the Japanese Occupation were valid and remained valid.

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.

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.

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.

3.

Whether or not of they were invalidated (reference to No. 2), the courts can continue hearing the cases pending before them

Held: 1.

2.

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:

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. 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.

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.