Professional Documents
Culture Documents
00 Laurel vs. Misa
00 Laurel vs. Misa
857
858
859
RESOLUTION
862
www.central.com.ph/sfsreader/session/0000016fec20788c2bbf5136003600fb002c009e/t/?o=False 8/51
1/28/2020 PHILIPPINE REPORTS ANNOTATED VOLUME 077
863
866
under whose protection he is.' United States vs. Wong Kim Ark,
18 S. Ct., 456, 461; 169 U. S., 649; 42 Law. ed., 890. "Allegiance is
that duty which is due from every citizen to the state, a political
duty binding on him who enjoys the protection of the
Commonwealth, to render service and fealty to the federal
government. It is that duty which is reciprocal to the right of
protection, arising from the political relations between the
government and the citizen. Wallace vs. Harmstad, 44 Pa. (8
Wright), 492, 501. "By 'allegiance' is meant the obligation to
fidelity and obedience which the individual owes to the
government under which he lives, or to his sovereign, in return
www.central.com.ph/sfsreader/session/0000016fec20788c2bbf5136003600fb002c009e/t/?o=False 12/51
1/28/2020 PHILIPPINE REPORTS ANNOTATED VOLUME 077
867
868
www.central.com.ph/sfsreader/session/0000016fec20788c2bbf5136003600fb002c009e/t/?o=False 14/51
1/28/2020 PHILIPPINE REPORTS ANNOTATED VOLUME 077
duty which the subject owes to the sovereign, correlative with the
protection received.
"It is a comparatively modern corruption of ligeance (ligeantia),
which is derived from liege (ligius), meaning absolute or
unqualified. It signified originally liege fealty, i. e., absolute and
unqualified fealty. 18 L. Q. Rev., 47.
869
www.central.com.ph/sfsreader/session/0000016fec20788c2bbf5136003600fb002c009e/t/?o=False 15/51
1/28/2020 PHILIPPINE REPORTS ANNOTATED VOLUME 077
872
www.central.com.ph/sfsreader/session/0000016fec20788c2bbf5136003600fb002c009e/t/?o=False 18/51
1/28/2020 PHILIPPINE REPORTS ANNOTATED VOLUME 077
www.central.com.ph/sfsreader/session/0000016fec20788c2bbf5136003600fb002c009e/t/?o=False 19/51
1/28/2020 PHILIPPINE REPORTS ANNOTATED VOLUME 077
www.central.com.ph/sfsreader/session/0000016fec20788c2bbf5136003600fb002c009e/t/?o=False 20/51
1/28/2020 PHILIPPINE REPORTS ANNOTATED VOLUME 077
876
I. SUSPENDED ALLEGIANCE
877
* * * * * * *
878
tional law took place. By the time the Nazis came to power it was
thoroughly established that launching an aggressive war or the
institution of war by treachery was illegal and that the defense of
legitimate warfare was no longer available to those who engaged
in such an enterprise. It is high time that we act on the juridical
principle that aggressive war-making is illegal and criminal.
"The re-establishment of the principle of justifiable war is
traceable in many steps. One of the most significant is the Briand-
Kellogg Pact of 1928 by which Germany, Italy, and Japan, in
common with the United States and practically all the nations of
the world, renounced war as an instrument of national policy,
bound themselves to seek the settlement of disputes only by
pacific means, and condemned recourse to war for the solution of
international controversies. "Unless this Pact altered the legal
status of wars of aggression, it has no meaning at all and comes
close to being an act of deception. In 1932 Mr. Henry L. Stimson,
as United States Secretary of State, gave voice to the American
concept of its effect. He said, 'war between nations was renounced
by the signatories of the BriandKellogg Treaty. This means that it
has become illegal throughout practically the entire world It is no
longer to be the source and subject of rights. It is no longer to be
the principle around which the duties, the conduct, and the rights
www.central.com.ph/sfsreader/session/0000016fec20788c2bbf5136003600fb002c009e/t/?o=False 24/51
1/28/2020 PHILIPPINE REPORTS ANNOTATED VOLUME 077
* * * * * * *
879
www.central.com.ph/sfsreader/session/0000016fec20788c2bbf5136003600fb002c009e/t/?o=False 28/51
1/28/2020 PHILIPPINE REPORTS ANNOTATED VOLUME 077
www.central.com.ph/sfsreader/session/0000016fec20788c2bbf5136003600fb002c009e/t/?o=False 31/51
1/28/2020 PHILIPPINE REPORTS ANNOTATED VOLUME 077
_______________
www.central.com.ph/sfsreader/session/0000016fec20788c2bbf5136003600fb002c009e/t/?o=False 32/51
1/28/2020 PHILIPPINE REPORTS ANNOTATED VOLUME 077
887
888
www.central.com.ph/sfsreader/session/0000016fec20788c2bbf5136003600fb002c009e/t/?o=False 33/51
1/28/2020 PHILIPPINE REPORTS ANNOTATED VOLUME 077
"To have bound those of our people who constituted the great
majority who never submitted to the Japanese oppressors, by the
laws, regulations, processes and other acts of those two puppet
governments, would not only have been utterly unjust and
downright illegal, but would have placed them in the absurd and
impossible condition of being simultaneously submitted to two
mutually hostile governments, with their respective constitutional
and legislative
889
www.central.com.ph/sfsreader/session/0000016fec20788c2bbf5136003600fb002c009e/t/?o=False 34/51
1/28/2020 PHILIPPINE REPORTS ANNOTATED VOLUME 077
891
899
901
903
www.central.com.ph/sfsreader/session/0000016fec20788c2bbf5136003600fb002c009e/t/?o=False 47/51
1/28/2020 PHILIPPINE REPORTS ANNOTATED VOLUME 077
904
www.central.com.ph/sfsreader/session/0000016fec20788c2bbf5136003600fb002c009e/t/?o=False 48/51
1/28/2020 PHILIPPINE REPORTS ANNOTATED VOLUME 077
www.central.com.ph/sfsreader/session/0000016fec20788c2bbf5136003600fb002c009e/t/?o=False 50/51
1/28/2020 PHILIPPINE REPORTS ANNOTATED VOLUME 077
_______________
www.central.com.ph/sfsreader/session/0000016fec20788c2bbf5136003600fb002c009e/t/?o=False 51/51