Co Kim Cham vs.

Valdez Tan Keh and Dizon

75 Phil 113
Feria, J.

Facts

The respondent judge of the lower court refused to take cognizance of and continue the
proceeding of civil case No. 3012 of said court which was initiated under the regime of the so-
called Republic of the Philippines established during the Japanese military occupation of the
Philippines. He argued that the proclamation issued by Gen. Douglas MacArthur had the effect
of invalidating and nullifying all judicial proceedings and judgements of the courts of the said
governments. He also argued that the said governments during the Japanese occupation were not
de facto governments.

Issue

Whether or not the governments established in the Philippines under the names of Philippines
Executive Commission and Republic of the Philippines during the Japanese military occupation
or regime were de facto governments.

Held

The Supreme Court held that the Philippine Executive Commission which was organized by
Order No. 1 by the Commander of the Japanese forces, was a civil government established by the
military forces of occupation and therefore a de facto government of the second kind. The source
of its authority comes from the Japanese military, it is a government imposed by the laws of war.
The same is true with the Republic of the Philippines. Apparently established and organized as a
sovereign state independent from any other government by the Filipino people, was, in truth and
reality, a government established by the Japanese forces of occupation.