G.R. No.

L-409 January 30, 1947

ANASTACIO LAUREL vs ERIBERTO MISA

FACTS:

Laurel was charged with treason during the Japanese occupation. Anastacio Laurel filed
a petition for habeas corpus contending that he cannot be prosecuted for the crime of
treason defined and penalized by the Article 114 of the Revised Penal Code on the
grounds that the sovereignty of the legitimate government and the allegiance of Filipino
citizens was then suspended, and that there was a change of sovereignty over the
Philippines upon the proclamation of the Philippine Republic.

ISSUE:

Whether sovereignty of the legitimate government and the allegiance of Filipinos was
suspended during the Japanese occupation.

RULE:

"The defense of the State is a prime duty of Government, and in the fulfillment of that
duty all citizens may be required by law to render personal, military or civil service."
Thus, section 2 of Article II of the Constitution provides: That duty of defense
becomes more imperative in time of war and when the country is invaded by an
aggressor nation.

APPLICATION:

No. The absolute and permanent allegiance (Permanent allegiance is the unending
allegiance owed by citizens or subjects to their states. Generally, a person who owes
permanent allegiance to a state is called a national.) of the inhabitants of a territory
occupied by the enemy of their legitimate government or sovereign is not abrogated
(repealed) or severed by the enemy occupation because the sovereignty of the
government or sovereign de jure is not transferred thereby to the occupier. It remains
vested in the legitimate government. (Article II, section 1, of the Constitution provides
that "Sovereignty resides in the people and all government authority emanates from
them.")

CONCLUSION:

This Court resolves, without prejudice to write later on a more extended opinion, to deny
the petitioner's petition, as it is hereby denied, for the reasons above set forth and for
others to be stated in the said opinion, without prejudice to concurring opinion therein, if
any.