CO KIM CHAM v. EUSEBIO VALDEZ TAN KEH AND ARSENIO P.

DIZON, JUDGE
OF FIRST INSTANCE OF MANILA

G.R. No. L-5

Date: 1945-09-17

FACTS:

The applicant, Co Kim Cham archived a solicitation to drive the respondent,

Arsenio Dizon, who is an adjudicator of a lower court to be mentioned to proceed with
his case after the American occupation. The respondent has decided not to follow up on
the said case. This is influenced by the declaration of General Douglas McArthur which
doesn’t give any credit to legal proceedings.

ISSUE:

Whether or not the judicial acts and proceedings that were created during
Japanese colonization were deemed valid and continued to be valid even after era of
the Americans.

RULING:

YES, judicial acts and proceedings that were created during Japanese
colonization are valid and continue to be valid even after era of the Americans.

RATIO DECIDENDI:

Processes or procedures of an accepted government are considered to be

legitimate. Given that the administration that was set up during the Japanese military
occupation were de facto governments, the legal demonstrations and of those
legislatures stay substantial even after the independence or of the Philippines by both
the American and Filipino powers.