CO KIM CHAN v.

VALDEZ TAN KEH

75 Phil 113 | September 17, 1945
Ponente: Feria, J.
FACTS:
Co Kim Chan had a pending civil case, initiated during the Japanese occupation, with the Court
of First Instance of Manila. After the Liberation of the Manila and the American occupation,
Judge Arsenio Dizon refused to continue hearings on the case, saying that a proclamation
issued by General Douglas MacArthur had invalidated and nullified all judicial proceedings
and judgments of the courts of the Philippines and, without an enabling law, the lower courts
have no jurisdiction to take cognizance of and continue judicial proceedings pending in the
courts of the defunct Republic of the Philippines (the Philippine government under the
Japanese).

The respondent judge of the lower court refused to take cognizance of and continue the
proceeding of civil case No. 3012 of said court which was initiated under the regime of the so-
called Republic of the Philippines established during the Japanese military occupation of the
Philippines. He argued that the proclamation issued by Gen. Douglas MacArthur had the effect
of invalidating and nullifying all judicial proceedings and judgments of the courts of the said
governments. He also argued that the said governments during the Japanese occupation were
not de facto governments.

ISSUE:
Whether the governments established in the Philippines (Philippine Executive Commission
and Republic of the Philippines) during the Japanese military regime were de
facto governments.

HELD:
The Supreme Court ruled that the Philippine Executive Commission, which was organized by
Order No. 1 by the Commander of the Japanese forces, was a civil government established by
the military forces and therefore a de facto government of the second kind. The source of its
authority comes from the Japanese military, it is a government imposed by the laws of war.
The same is true with the Republic of the Philippines. Apparently, established and organized
as a sovereign state, independent from any other government by the Filipino people, was, in
truth and reality, a government established by the Japanese forces of occupation.

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.