6/2/2021 [CASE DIGEST] Laurel v.

Misa - Thousand Skies

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Constitutional Law. Political Law. E ects of Cession.

LAUREL v. MISA
77 PHIL 856FACTS:
Anastacio Laurel led a petition for habeas corpus contending that he cannot be prosecuted
for the crime of treason de ned and penalized by the Article 114 of the Revised Penal Code on
the grounds that the sovereignty of the legitimate government and the allegiance of Filipino
citizens was then suspended, and that there was a change of sovereignty over the Philippines
upon the proclamation of the Philippine Republic.

ISSUE:
1.    Is the absolute allegiance of the citizens suspended during Japanese occupation?
2.    Is the petitioner subject to Article 114 of the Revised Penal Code?

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HELD:
The absolute and permanent allegiance of the inhabitants of a territory occupied by the
enemy of their legitimate government on the sovereign is not abrogated or severed by the
enemy occupation because the sovereignty of the government or sovereign de jure is not
transferred to the occupier. There is no such thing as suspended allegiance.
The petitioner is subject to the Revised Penal Code for the change of form of government does
not a ect the prosecution of those charged with the crime of treason because it is an o ense
to the same government and same sovereign people.

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