G.R. No.

L-409 January 30, 1947

ANASTACIO LAUREL, pet., v. ERIBERTO MISA, resp.

FACTS:

A petition for habeas corpus was filed by Anastacio Laurel.

He claims that a Filipino citizen who adhered to the enemy giving the latter aid and comfort during
the Japanese occupation cannot be prosecuted for the crime of treason defined and penalized by the
Article 114 of the Revised Penal Code on the grounds that
1. The sovereignty of the legitimate government in the Philippines and consequently the
correlative allegiance of Filipino citizen thereto were then suspended;
2. and that there was a change of sovereignty over these Islands upon the proclamation of the
Philippine Republic.

ISSUE/S:

w/n THE ABSOLUTE ALLEGIANCE OF A FILIPINO CITIZEN TO THE GOVERNMENT BECOMES

SUSPENDED DURING ENEMY OCCUPATION.

w/n THE PETITIONER IS SUBJECT TO ARTICLE 114 OF THE REVISED PENAL CODE.

w/n THE GOVERNMENT UNDER THE COMMONWEALTH OF THE PHILIPPINES IS DISTINCT FROM
THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES

HELD:

A citizen owes an absolute and permanent allegiance (the unending allegiance owed by citizens or
subjects to their states; generally, a person who owes permanent allegiance to a state is called a
national), which consists in the obligation of fidelity and obedience to his government or sovereign.
In international law, the effect of enemy occupation on a countrys sovereignty during war is
that that latter subsists and the former cannot exercise supremacy over the latter
Temporary Allegiance, which describes the relationship between inhabitants of an occupied
territory may, at most, be considered similar only to the temporary allegiance a foreigner owes
to the government of the territory he currently resides
o Just as a citizen may be convicted of treason committed in a foreign country, an
inhabitant of a territory occupied by the military forces of the enemy may commit
treason against his own legitimate government if he adheres to the enemies of the
latter by giving them aid and comfort.
o Article 114 of the RPC was applicable to treason committed against the national
security of the legitimate government
Because the inhabitants of the occupied territory were still bound by their
allegiance to the latter during enemy occupation
o Although the military occupant is enjoined to respect or continue in force the laws
that enforce public order and regulate the social and commercial life of the country, he
has nevertheless, the powers of a de facto government and may either change the
existing laws or make new ones when the exigencies of the military service demand,
subject to restrictions imposed several international laws
o Since the preservation of the allegiance or obligation of fidelity and obedience of a
citizen to his government does not demand positive action, but only passive attitude or
not to adhere to the enemy by giving him aid or comfort
The occupant has no power to repeal or suspend the operation of law of treason
o The petitioners theory that his allegiance was suspended would lead to disastrous
consequences for small and weak nations or states, and would be repugnant to the
laws of humanity and requirements of public conscience
Such a theory would sanction the actions of invaders in forcing the people of a
free and sovereign country to be a party in the nefarious task of depriving
 themselves of their own freedom and independence and repressing the exercise
of their own sovereignty; in other words, to commit political suicide
It would allow invaders to legally recruit or enlist Quisling (a traitor who
collaborates with an enemy force occupying their country) inhabitants
to fight against their own government without incurring risk of
persecution for treason
It would even compel others to aid them in their military operation
against the resisting enemy forces in order to subdue and conquer the
whole nation
This would deprive citizens of their own independence or sovereignty

The Constitution provides that Sovereignty resides in the people of the Philippines.
The Commonwealth of the Philippines was a sovereign government, though subject to certain
limitations imposed in the Independence Act
o The question of sovereignty is a purely political question, the determination of which
by the Legislative and Executive binds the judges as, well as citizens
o The change of our form of government from Commonwealth to Republic does not affect
the prosecution of those charged with the crime of treason committed during the
Commonwealth
It is an offense against the same government and the same sovereign people as
Art. XVIII of the Constitution provides The government established by this
Constitution shall be known as the Commonwealth of the Philippines. Upon
the final and complete withdrawal of the sovereignty of the United States and
the proclamation of Philippine Independence, the Commonwealth of the
Philippines shall thenceforth be known as the Republic of the Philippines.

DISSENT:

During the long period of Japanese occupation, all the political laws of the Philippines were
suspended. This is full harmony with the generally accepted principles of the international law
adopted by our Constitution [ Art. II, Sec. 3 ] as part of law of the nation.

The inhabitants of the occupied territory should necessarily be bound to the sole authority of the
invading power whose interest and requirements are naturally in conflict with those of displaced
government, if it is legitimate for the military occupant to demand and enforce from the inhabitants
such obedience as may be necessary for the security of his forces, for the maintenance of the law and
order, and for the proper administration of the country.