Co Kim Cham v Valdez Tan Keh

G.R. No. L-5, September 17, 1945

Facts:
Co Kim Chan prays that Judge Arsenio Dizon be ordered to continue the proceedings of
a civil case filed which were halted under the Japanese military occupation of the Philippines.
Judge Dizon, refused to take cognizance of and continue the proceedings on the ground that
the proclamation issued on October 23, 1944, by General McArthur, had the effect of
invalidating and nullifying all judicial proceedings and judgments of the court of the Philippines.
Furthermore, 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 in the absence of
an enabling law granting such authority. The judge also contends that the governments
established in the Philippines during the Japanese occupation were not de facto governments
due to the continuous presence of guerilla bands, and for being contrary to the precepts of the
Hague Conventions and the law of nations.

Issue:
Whether or not the government established in the Philippines under the names of the
Philippine Executive Commission and the Republic of the Philippines during the Japanese
Military Occupation were de facto governments.
Whether or not the judicial acts of courts during the Japanese Military Occupation in a de
facto government were valid.

Held:
Yes. According to a well-known principle in international law, the fact that a territory has
been occupied by an enemy comes again into the power of its legitimate government of
sovereignty, “does not, except in a very few cases, wipe out the effects of acts done by an
invader, which for one reason or another it is within his competence to do.
The Court also established that the judicial acts of the courts continued by the occupant
in the territory shall remain valid. To deny validity to such judicial acts would benefit the invader
or aggressor, who is presumed to be intent upon causing as much harm as possible to the
inhabitants or nationals of the enemy’s territory, and prejudice to the latter; it would cause more
suffering to the conquered and assist the conqueror or invader in realizing his nefarious design;
in fine, it would result in penalizing the nationals of the occupied territory, and rewarding the
invader for his acts of treachery and aggression.