Lesson:

CASE:

Caption:

Title: Co Kim Cham v. Valdez, G.R. No. L-5, September 17, 1945

Citation:

G.R. No. L-5 September 17, 1945

Petitioner:

CO KIM CHAM

Respondent:

EUSEBIO VALDEZ TAN KEH and ARSENIO P. DIZON, Judge of First Instance of Manila

Ponente:

FERIA, J

Facts:

 On January 2, 1942, the Imperial Japanese Forces occupied the City of Manila, and on the next day
theirCommander in Chief proclaimed "the Military Administration under law over the districts occupied by the
Army." Insaid proclamation, it was also provided that "so far as the Military Administration permits, all the laws
now in force inthe Commonwealth, as well as executive and judicial institutions, shall continue to be effective
for the time being asin the past," and "all public officials shall remain in their present posts and carry on
faithfully their duties as before.
 On January 23, 1942, a civil government or central administration organization under the name of "Philippine
Executive Commission wasorganized by Order No. 1 was issued by the Commander in Chief of the Japanese
Forces in the Philippines, and Jorge B. Vargas was instructed to proceed to the immediate coordination of the
existing central administrative organs and judicial courts, based upon what had existed therefore,with approval
of the said Commander in Chief.
 On January 30 and February 5, 1942, respectively The Chairman of the Executive Commission, as head of the
central administrative organization, issued Executive Orders Nos. 1 and 4, in which the Supreme Court, Court
ofAppeals, Courts of First Instance, and the justices of the peace and municipal courts under the
Commonwealth were continued with the same jurisdiction, in conformity with the instructions given to the said
Chairman of the Executive Commission by the Commander in Chief of Japanese Forces in the Philippines in the
latter's Order No. 3 ofFebruary 20, 1942, concerning basic principles to be observed by the Philippine Executive
Commission inexercising legislative, executive and judicial powers.
  On October 14, 1943, the so-called Republic of the Philippines was inaugurated, but no substantial change
waseffected thereby in the organization and jurisdiction of the different courts that functioned during the
PhilippineExecutive Commission, and in the laws they administered and enforced
 On October 23, 1944, a few days after the historic landing in Leyte, General Douglas MacArthur
issued aproclamation to the People of the Philippines which declared:
1. That the Government of the Commonwealth of the Philippines is, subject to the
supreme authority of theGovernment of the United States, the sole and only government having
legal and valid jurisdiction over thepeople in areas of the Philippines free of enemy occupation
and control;
2. That the laws now existing on the statute books of the Commonwealth of the
Philippines and theregulations promulgated pursuant thereto are in full force and effect and
legally binding upon the people inareas of the Philippines free of enemy occupation and control;
and
3. That all laws, regulations and processes of any other government in the Philippines
than that of the saidCommonwealth are null and void and without legal effect in areas of the
Philippines free of enemy occupationand control

 On February 3, 1945, the City of Manila was partially liberated and on February 27, 1945, General MacArthur,
onbehalf of the Government of the United States, solemnly declared "the full powers and responsibilities under
theConstitution restored to the Commonwealth whose seat is here established as provided by law."

Issues:

 (1) Whether the judicial acts and proceedings of the court existing in thePhilippines under the Philippine
Executive Commission and the Republic of the Philippines were good and valid andremained so even after the
liberation or reoccupation of the Philippines by the United States and Filipino forces;
 (2)Whether the proclamation issued on October 23, 1944, by General Douglas MacArthur, Commander in Chief
ofthe United States Army, in which he declared "that all laws, regulations and processes of any of the
government inthe Philippines than that of the said Commonwealth are null and void and without legal effect in
areas of thePhilippines free of enemy occupation and control," has invalidated all judgements and judicial acts
and proceedingsof the said courts; and
 (3) If the said judicial acts and proceedings have not been invalidated by said proclamation,whether the present
courts of the Commonwealth, which were the same court existing prior to, and continuedduring, the Japanese
military occupation of the Philippines, may continue those proceedings pending in said courtsat the time the
Philippines were reoccupied and liberated by the United States and Filipino forces, and theCommonwealth of
the Philippines were reestablished in the Islands.

Ruling: