[G.R. No.

L-49 November 12, 1945]

William Peralta, a member of the
Metropolitan Constabulary of Manila, was
prosecuted for the crime of robbery and was
sentenced to life imprisonment as defined
and penalized by Act. No. 65 of the National
Assembly of the Republic of the Philippines.

The petition for habeas corpus is based on

the contention that the Court of Special and
Exclusive Criminal Jurisdiction created by
Ordinance No. 7 was a political
instrumentality of the military forces of
Japan and which is repugnant to the aims of
Commonwealth of the Philippines for it does
not afford fair trial and impairs the
Constitutional rights of the Accused.
WHETHER OR NOT THE CREATION OF
THE COURT OF SPECIAL AND
EXLUSIVE CRIMINAL JURISDICTION,
AND OF SUMMARY PROCEDURE
ADOPTED FOR THAT COURT IS VALID;
WHETHER OR NOT THE SENTENCE
WHICH IMPOSES UPON THE
PETITIONER THE PENALTY OF LIFE
IMPRISONMENT DURING JAPANESE
MILITARY OCCUPATION IS VALID; AND
WHETHER OR NOT THE PUNITIVE
SENTENCE CEASED TO BE VALID FROM
THE TIME OF THE RESTORATION OF
COMMONWEALTH, BY VIRTUE OF THE
PRINCIPLE OF POSLIMINIUM?
1. YES. There is no room for doubt to the validity of Ordinance No. 7 since the
criminal jurisdiction established by the invader is drawn entirely from the law
martial as defined in the usages of nations. It is merely a government agency.

2. Yes. The sentence rendered, likewise, is good and valid since it was within the
power and competence of the belligerent occupant to promulgate Act. No. 65.

3. Yes. All judgments of political complexion of the courts during Japanese regime
ceased to be valid upon reoccupation of the Islands, as such, the sentence which
convicted the petitioner of a crime of a political complexion must be considered
having ceased to be valid.
We therefore hold that the punitive sentence under consideration, although good
and valid during military occupation of the Philippines by the Japanese forces,
ceased to be good and valid ipso facto upon the reoccupation of these Island and the
restoration therein of the Commonwealth Government.

In view of all the foregoing, the writ of habeas corpus prayed for is hereby
granted and it is ordered that the petitioner be released forthwith, without
pronouncement as to costs.
 When a foreign power occupies a state and exercises the powers of
government, the political laws of the said state are deemed automatically
suspended but the former government automatically comes to life and
will be in force and in effect again upon the re-establishment of the
former government.
____________________________________________
(Taylor, International Law, p.615)