6/2/2021 Case Digest: Laurel vs Misa – maArTTYseries

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M. in CASE DIGESTS September 21, 2020 215 Words

Case Digest: Laurel vs Misa

G.R. No. L-409, January 30, 1947

FACTS:

Anastacio Laurel filed a petition for habeas corpus based on a theory 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 article 114 of the Revised Penal Code, for the reason (1)
that the sovereignty of the legitimate government in the Philippines and, consequently, the correlative
allegiance of Filipino citizens thereto was then suspended; and (2) that there was a change of sovereignty
over these Islands upon the proclamation of the Philippine Republic.

ISSUE:

Whether or not Anastacio Laurel can be prosecuted for the crime of treason?

RULING:

Yes, Anastacio Laurel can be prosecuted for the crime of treason.

Laurel’s contentions are without merit because (1) the absolute and permanent allegiance of the
inhabitants of a territory occupied by the enemy of their legitimate government or sovereign is not
abrogated or severed by the enemy occupation, because the sovereignty of the government or sovereign
de jure is not transferred thereby to the occupier; and (2) the change of form of government does not
affect the prosecution of those charged with the crime of treason because it is an offense to the same
government and same sovereign people.

see full text here (https://lawphil.net/judjuris/juri1947/jan1947/gr_l-409_1947.html)

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