Anastacio Laurel v Eriberto Misa

77 Phil 856, January 30, 1947

FACTS:
In May 1945, Anastacio Laurel was arrested by the US Army, was interned under a
commitment order, and was charged with treason as defined and penalized by Article 114
of the Penal Code for his active collaboration with the Japanese during the Japanese
occupation. In September 1945, he was turned over to the Commonwealth government and
has been under the custody of the Director of Prisons since then. Laurel filed for habeas
corpus, asserting that he cannot be prosecuted for treason since (1) the sovereignty of the
legitimate government in the Philippines and the correlative allegiance of Filipino citizens
thereto was suspended; and (2) there was a change of sovereignty in the country upon the
proclamation of the Philippine Republic.

ISSUES:
1. Whether the sovereignty of the legitimate government in the Philippines, and,
consequently, the correlative allegiance of Filipino citizens were suspended during
the Japanese occupation; and
2. Whether Laurel, the petitioner, can be prosecuted for the crime of treason by giving
aid and support (comfort) to the enemy during the Japanese occupation.

HELD/ RULING:
1. NO. The absolute and permanent allegiance of the inhabitants of a territory occupied
by the enemy to their legitimate government or sovereign is NOT abrogated
(formally annulled or repealed) nor severed or suspended by the enemy’s
occupation. A citizen owes absolute and permanent allegiance, which consists of
fidelity and obedience to his government or sovereign. Sovereign de jure is NOT
transferred to the occupier; hence, it must remain vested in the legitimate
government. What may be suspended is the exercise of rights of the sovereignty,
with the control and government of the territory occupied by the enemy passed
temporarily to the occupant. There is no such thing as suspended allegiance, as
sovereignty itself is not suspended and remains in force even during enemy
occupation.
2. YES. Article 114 of the Revised Penal Code was applicable to treason committed
against the national security of the legitimate government upon adhering to the
enemies by giving them aid or support (comfort), since inhabitants of the occupied
territory are still bound by their allegiance to the legitimate government during the
enemy’s occupation.

Separate Opinions:
- Concurring: Perfecto, J., defining allegiance and its classifications; Hilado, J., citing (1)
suspended allegiance and (2) change of sovereignty;
- Dissenting: Paras, J., citing cases relevant cases