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Misa Case Digest - 77 PHIL 856 - JANUARY 30, 1947 - Legal Assassins

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ANASTACIO LAUREL, petitioner, Your email address

vs.
ERIBERTO MISA, respondent.
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77 PHIL 856
JANUARY 30, 1947

FACTS:
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Sometime in May 1945, Anastacio Laurel, herein petitioner, a Filipino
Aglipay vs. Ruiz
citizen, was arrested by the US Army and was interned, under a
commitment order ―for his active collaboration with the Japanese In Re: Garcia
during the Japanese occupation. He was charged with treason as Gonzales vs. Hechanova
de ned and penalized by Art. 114 of the Penal Code. However, in
Limjoco vs. Estate of Fragante
September 1945, he was turned over to the Commonwealth

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government and since then he has been under the custody of the Moy Ya Lim Yao vs.
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Director of Prisons. Petitioner then led a petition for habeas corpus Commissoner of Immigration
mainly asserting that he cannot be prosecuted for the crime of
treason for the reason (1) that the sovereignty of the legitimate
government in the Philippines and, consequently, the correlative Categories
allegiance of Filipino citizens thereto was then suspended; and (2) that
there was a change of sovereignty over these Islands upon the Audio Codals

proclamation of the Philippine Republic. Audio Lectures

Case Digest

ISSUES: Civil Law

1. Whether the sovereignty of the legitimate government in the Civil Procedure

Philippines and, consequently, the correlative allegiance of Commercial Law
Filipino citizens were suspended during the Japanese
occupation. Constitution
2. Whether the petitioner can be prosecuted for the crime of
Corporation Code
treason by giving aid and support to the enemy during the
Japanese occupation. Corporation Law

Criminal Law

Criminal Procedure
HELD:
Evidence
1. NO. The absolute and permanent allegiance of the
inhabitants of a territory occupied by the enemy to their Insurance Law
legitimate government or sovereign is not abrogated or Judicial Ethics
severed by the enemy‘s occupation, because the sovereignty
of the government or sovereign de jure is not transferred Labor Law
thereby to the occupier and if it is not transferred to the Labor Relations
occupant it must necessarily remain vested in the legitimate
government; that the sovereignty vested in the titular Labor Standards
government must be distinguished from the exercise of the
Legal Ethics
rights inherent thereto, and may be destroyed, or severed
and transferred to another, but it cannot be suspended Negotiable Instruments
because the existence of sovereignty cannot be suspended
Persons and Family Relations
without putting it out of existence or divesting the possessor
thereof at least during the so-called period of suspension; Political Law
that what may be suspended is the exercise of the rights of
sovereignty with the control and government of the territory Property
occupied by the enemy passes temporarily to the occupant; Remedial Law
x x x and that as a corollary of the conclusion that the
sovereignty itself is not suspended and subsists during the Rules of Court
enemy occupation, the allegiance of the inhabitants to their Special Proceedings
legitimate government or sovereign subsists, and therefore
there is no such thing as suspended allegiance. Taxation Law

Wills and Succession

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2. YES. Article 114 of the Revised Penal Code was applicable to Archives
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treason AUDIO LECTURES
committed against CASE DIGESTS
the national security of the PRIVACY POLICY CONTACT US ABO
legitimate government because the inhabitants of the
occupied territory were still bound by their allegiance to the July 2020
latter during the enemy‘s occupation. Just as a citizen or June 2020
subject of a government or sovereign may be prosecuted for
and convicted of treason committed in a foreign country, in June 2018
the same way a inhabitant of a territory occupied by the
July 2017
military forces of the enemy may commit treason against his
own legitimate or sovereign if he adheres to the enemies of June 2017
the latter by giving them aid and comfort.

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