Co Kim Cham vs.

Valdez Tan KehFacts:Petitioner Co Kim Cham had as pending civil Case nationals thereof from asserting or enforcing thereintheir civil rights, by necessary implication,
initiated duringthe time of the Japanese occupation. After the liberation of ManilaJudge Arsenio
Dizon refused to continue hearings on his case sayingthat the proclamation of Gen Douglas
MacArthur has invalidatedand 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 courtsof the defunct Republic of the Philippines under
the Japanese.Issues:1.
Whether or Not judicial proceedings and decisions duringthe Japanese Occupation were valid
and remained valid.2.
Whether or not the proclamation of General MacArthurdeclared that all laws, regulations and
processes of anyother Government other than that of the commonwealthare 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 pendingbefore themHeld:1.
the militarycommander of the forces of liberation or the restoredgovernment is restrained from
nullifying or setting asidethe judgments rendered by said courts in their litigationduring the
period of occupation.3.
the proceedings in cases then pending in said court maycontinue, without necessity of enacting
a law conferring jurisdiction upon them to continue said proceedings.The laws and courts of the
Philippines did not become thelaws and courts of Japan by being continued as requiredby the
law of nations.Same courts may continue exercising the same jurisdictions and cases pending
therein before therestoration of the commonwealth until abolished andreplaced by the said
government.DECISION: WRIT OF MANDAMUS IS ISSUED to the judge of the CourtOf First
Instance of Manila ordering him to take cognizance andcontinue to final judgement the
proceedings in Case No. 3012.3 Kinds of De Facto Government:1.
Established through Rebellion

Governments getspossession and control through the force of the voice of the majority and
maintains itself rightful government2.
It is a legal truism in political and international law that allacts and proceedings and non-political
judgements of a defacto government are good and valid. The governments bythe Philippine
Executive Commission and the Republic of the Philippines during the Japanese military
occupationbeing de facto governments, it necessarily follows that the judicial acts and Established through Occupation
proceedings of the courts of justice of those governments, which are not of a (PARAMOUNT FORCE)Maintained by the military forces who invade and occupythe territory of
politicalcomplexion, were good and valid, and, by virtue of thewell-known principle of the enemy.3.
postliminy (postliminium) ininternational law, remained good and valid after theliberation or
reoccupation of the Philippines by theAmerican and Filipino forces under the leadership of
General Douglas MacArthur.2.
Established through Insurrection

Established as anindependent government by the inhabitants of thecountry who rise in

it should be presumed that it was not, and could not havebeen, the intention of General insurrection against the parent state
Douglas MacArthur, inusing the phrase "processes of any other government" insaid
proclamation, to refer to judicial processes, inviolation of said principles of international law.
The onlyreasonable construction of the said phrase is that it refersto governmental processes
other than judicial processes of court proceedings."a statute ought never to be construed to
violate the lawof 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 preventthe