Co Kim Cham vs.
Valdez Tan Keh and Dizon The judicial acts and proceedings of the courts of
75 Phil 113
Feria, J.
Facts
The respondent judge Arsenio Dizon of the lower
court refused to take cognizance of and continue
the proceeding of civil case No. 3012 of said court
which was initiated under the regime of the so-
called Republic of the Philippines established
during the Japanese military occupation of the
Philippines.
He argued that the proclamation issued by Gen.
Douglas MacArthur had the effect of invalidating
and nullifying all judicial proceedings and
judgements of the courts of the said governments.
He also argued that the said governments during
the Japanese occupation were not de facto
governments.
Issue
Whether or not the governments established in the
Philippines under the names of Philippines
Executive Commission and Republic of the
Philippines during the Japanese military occupation
or regime were de facto governments.
WON the proceedings during the Japanese period
still apply or continue after the occupation
Held
The SC held yes because the governments
established in the Philippines under the names of
the Philippine Executive Commission and Republic
of the Philippines during the Japanese military
occupation or regime were DE FACTO governments.
It is classified as a de facto government of the
second kind or a government of paramount force.
justice of those governments, which are not of a
political complexion, were good and valid, and, by
virtue of the well-known principle of postliminy
(postliminium) in international law, remained good
and valid after the liberation or reoccupation of the
Philippines.
It is part of international law that acts and
proceedings of the legislative, executive, and
judicial departments of a de facto government are
valid.
 The Supreme Court held that the Philippine
Executive Commission which was organized
by Order No. 1 by the Commander of the
Japanese forces, was a civil government
established by the military forces of
occupation and therefore a de facto
government of the second kind or a
government of paramount force.
 The source of its authority comes from the
Japanese military, it is a government
imposed by the laws of war.
 The same is true with the Republic of the
Philippines.
 Apparently established and organized as a
sovereign state independent from any other
government by the Filipino people, was, in
truth and reality, a government established
by the Japanese forces of occupation.