Co Kim Cham vs.

Valdez Tan Keh government is restrained from nullifying or setting aside

the judgments rendered by said courts in their litigation
Facts: during the period of occupation.

Petitioner Co Kim Cham had as pending civil Case initiated
during the time of the Japanese occupation. After the
liberation of Manila Judge Arsenio Dizon refused to
continue hearings on his case saying that the proclamation
of Gen Douglas MacArthur has invalidated
and nullified all judicial proceedings and judgements of the
courts of the Philippines and without the enabling law,
lower courts have no jurisdiction to take cognizance of
proceedings pending in the courts of the defunct Republic
of the Philippines under the Japanese.
Issues:
1. Whether or Not judicial proceedings and decisions
during
the Japanese Occupation were valid and remained valid.
2. Whether or not the proclamation of General MacArthur
declared that all laws, regulations and processes of any
other Government other than that of the commonwealth
are null and void, invalidated and all judgements and
judicial acts proceeding from the courts.
3. Whether or not of they were invalidated (reference to
No.
2), the courts can continue hearing the cases pending
before them
Held:
1. It is a legal truism in political and international law that
all
acts and proceedings and non-political judgements of a de
facto government are good and valid. The governments by
the Philippine Executive Commission and the Republic of
the Philippines during the Japanese military occupation
being de facto governments, it necessarily follows that the
judicial acts and proceedings of the courts of justice of
those governments, which are not of a political
complexion, were good and valid, and, by virtue of the
well-known principle of postliminy (postliminium) in
international law, remained good and valid after the
liberation or reoccupation of the Philippines by the
American and Filipino forces under the leadership of
General Douglas MacArthur.
3. the proceedings in cases then pending in said court may
continue, without necessity of enacting a law conferring
jurisdiction upon them to continue said proceedings.
The laws and courts of the Philippines did not become the
laws and courts of Japan by being continued as required
by the law of nations.
Same courts may continue exercising the same
jurisdictions and cases pending therein before the
restoration of the commonwealth until abolished and
replaced by the said government.
DECISION: WRIT OF MANDAMUS IS ISSUED to the
judge of the Court
Of First Instance of Manila ordering him to take
cognizance and
continue to final judgement the proceedings in Case No.
3012.
3 Kinds of De Facto Government:
1. Established through Rebellion – Governments gets
possession and control through the force of the voice of
the majority and maintains itself rightful government
2. Established through Occupation – (PARAMOUNT
FORCE)
Maintained by the military forces who invade and occupy
the territory of the enemy.
3. Established through Insurrection – Established as an
independent government by the inhabitants of the
country who rise in insurrection against the parent state.

2. it should be presumed that it was not, and could not have

been, the intention of General Douglas MacArthur, in
using the phrase "processes of any other government" in
said proclamation, to refer to judicial processes, in
violation of said principles of international law. The only
reasonable construction of the said phrase is that it refers
to governmental processes other than judicial processes of
court proceedings. "a statute ought never to be construed to
violate the law
of nations if any other possible construction remains."
If a belligerent occupant is required to establish courts of
justice in the territory occupied, and forbidden to prevent
the nationals thereof from asserting or enforcing therein
their civil rights, by necessary implication, the military
commander of the forces of liberation or the restored