StatConDigest - Co Kim Chan Vs. Valdez Tan Keh, GR L-5 (17 Sept.

1945)

Facts:
This petition for mandamus in which petitioner prays that the respondent judge of the lower
court be ordered to continue the proceedings in civil case No. 3012 of said court, which were
initiated under the regime of the so-called Republic of the Philippines established during the
Japanese military occupation of these Islands.

The respondent judge refused to take cognizance of and continue the proceedings in said case on
the ground that the proclamation issued on October 23, 1944, by General Douglas MacArthur had
the effect of invalidating and nullifying all judicial proceedings and judgments of the court of the
Philippines under the Philippine Executive Commission and the Republic of the Philippines
established during the Japanese military occupation.

Issue:
Whether or not the proclamation issued on October 23, 1944, by General Douglas MacArthur, in
which he declared "that all laws, regulations and processes of any of the government in the
Philippines than that of the said Commonwealth are null and void and without legal effect in areas
of the Philippines free of enemy occupation and control," affects the proceedings in civil cases
pending in court under the so-called Republic of the Philippines established during the Japanese
military occupation.

Ruling:
No. The phrase "processes of any other government" is broad and may refer not only to the
judicial processes, but also to administrative or legislative, as well as constitutional, processes of
the Republic of the Philippines or other governmental agencies established in the Islands during
the Japanese occupation.

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 principles of international law.

The court ruled that the term “processes” does not refer to judicial processes but to executive
orders of the Chairman of the Philippine Executive Committee, ordinances promulgated by the
President of the so-called Republic of the Philippines and the constitution itself of said Republic,
and others that are of the same class as the laws and regulations with which the word “processes”
is associated.

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