Nov 1, 2010

Co Kim Chan vs. Valdez Tan Keh

75 PHIL 131

FACTS: Petitioner filed a motion for mandamus which prays that the respondent judge be ordered to continue the proceeding which was initiated under the regime of the so-called Republic of the Philippines established during the Japanese military occupation. It is based on the proclamation issued by Gen. Douglas McArthur which had the effect of invalidating and nullifying all judicial proceedings and judgments of the courts of the Philippines. Furthermore, it was contended that the lower courts have no jurisdiction to take cognizance of and continue judicial proceedings pending the court of the defunct republic in the absence of enabling law.

ISSUES: Whether the government established in the said Japanese occupation is in fact a de facto government.

Whether the judicial acts and proceedings of the courts existing in the Philippines under the Philippine Executive Commission were good and valid even after the liberation or reoccupation of the Philippines by the US Forces.

HELD: In political and international law, all acts and proceedings of the legislative, executive and judicial department of a de facto government is valid. Being a de facto government, judicial acts done under its control, when they are not political in nature, to the extent that they effect during the continuance and control of said government remain good.

All judgment and judicial proceedings which are not of political complexion were good and valid before and remained as such even after the occupied territory had come again into the power of true and original sovereign.

Wherefore, the respondent judge is directed to take cognizance of the civil case (3012) and continue the proceedings.

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