G.R. NO.

L-409 JANUARY 30, 1947

ANASTACIO LAUREL

VS.

ERIBERTO MISA

FACTS:

Petitioner Eriberto Misa filed a petition for habeas corpus, asserting 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 for the reasons: (1) that the sovereignty of the legitimate
government of the Philippines and the correlative allegiance of the Filipino Citizens thereto was then
suspended; (2) there was a change of sovereignty over the islands upon the proclamation of the
Philippine Republic.

ISSUE:

Whether or Not the petitioner is subject to article 114 of the Revised Penal Code

RULING:

Yes, the petitioner is subject to Article 114 of the Revised Penal code for 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.

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.