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    Final - Case Digest Co Kim Chan vs. Valdez Tan Keh

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    Shairah Lou Mabaquiao
    The case involved a petition for mandamus ordering the respondent judge to continue proceedings in a civil case that was pending during the Japanese occupation of the Philippines. The respondent judge argued the lower courts had no jurisdiction over cases from the defunct Philippine government. However, the Supreme Court ruled that the Philippine Executive Commission and Republic of the Philippines during the Japanese occupation were de facto governments, and as such the judicial acts and proceedings of those governments remain valid. Therefore, the writ of mandamus was issued directing the respondent judge to take cognizance of and continue the civil case to final judgment.

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    Final - Case Digest Co Kim Chan vs. Valdez Tan Keh

    Uploaded by

    Shairah Lou Mabaquiao
    45 views2 pages
    The case involved a petition for mandamus ordering the respondent judge to continue proceedings in a civil case that was pending during the Japanese occupation of the Philippines. The respondent judge argued the lower courts had no jurisdiction over cases from the defunct Philippine government. However, the Supreme Court ruled that the Philippine Executive Commission and Republic of the Philippines during the Japanese occupation were de facto governments, and as such the judicial acts and proceedings of those governments remain valid. Therefore, the writ of mandamus was issued directing the respondent judge to take cognizance of and continue the civil case to final judgment.

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    © © All Rights Reserved

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    The case involved a petition for mandamus ordering the respondent judge to continue proceedings in a civil case that was pending during the Japanese occupation of the Philippines. The respondent judge argued the lower courts had no jurisdiction over cases from the defunct Philippine government. However, the Supreme Court ruled that the Philippine Executive Commission and Republic of the Philippines during the Japanese occupation were de facto governments, and as such the judicial acts and proceedings of those governments remain valid. Therefore, the writ of mandamus was issued directing the respondent judge to take cognizance of and continue the civil case to final judgment.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    45 views2 pages

    Final - Case Digest Co Kim Chan vs. Valdez Tan Keh

    Uploaded by

    Shairah Lou Mabaquiao
    The case involved a petition for mandamus ordering the respondent judge to continue proceedings in a civil case that was pending during the Japanese occupation of the Philippines. The respondent judge argued the lower courts had no jurisdiction over cases from the defunct Philippine government. However, the Supreme Court ruled that the Philippine Executive Commission and Republic of the Philippines during the Japanese occupation were de facto governments, and as such the judicial acts and proceedings of those governments remain valid. Therefore, the writ of mandamus was issued directing the respondent judge to take cognizance of and continue the civil case to final judgment.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    USA COLLEGE OF LAW

    MABAQUIAO, Shairah Lou-1C

    Case Name CO KIM CHAM (alias CO KIM CHAM) vs.


    EUSEBIO VALDEZ TAN KEH and ARSENIO P. DIZON, Judge of First
    Instance of Manila
    Topic  Philippine Government
    Case No. | Date G.R. No. L-5            September 17, 1945
    Ponente FERIA, J.
    Doctrine  In a de facto government the judicial acts and proceedings of
    those governments remain good and valid even after the
    liberation or reoccupation of the Philippines by the American
    and Filipino forces.

    Facts:
    Petitioner’s petition for mandamus prays for the respondent judge of the lower court to continue the
    proceedings of the civil case committed during the Japanese occupation.

    The respondent argued that the lower courts have no jurisdiction to take cognizance or continue judicial
    proceedings pending in the courts of the defunct Republic of the Philippines based on the proclamation
    issued by General Douglas McArthur.

    Petitioner also in the opinion that the government established in the Philippines during the Japanese
    occupation were no de facto governments.

    Issue/s: Ratio:
    ISSUE:

    Whether or not the Philippine Executive Yes, the Philippine Executive Commission and
    Commission and Republic of the Philippines Republic of the Philippines during the Japanese
    during the Japanese military occupation or regime military occupation or regime were de
    were de facto governments. facto governments as the second kind since it
    established and administered by military
    forces.
    Whether or not indeed the judge of the lower
    Court has jurisdiction to continue the proceedings The Judge of the lower Court has jurisdiction to
    of the pending civil case of the petitioner during continue the proceedings of the pending civil case
    the Japanese regime. of the petitioner during the Japanese regime.
    Political and international law implies that all acts
    and proceedings of the legislative, executive, and
    judicial departments of a de facto government are
    good and valid since it is a de facto then the
    judicial acts and proceedings of those
    governments remain good and valid even after the
    liberation or reoccupation of the Philippines by
    the American and Filipino forces.

    RULING

    A writ of mandamus issue, directed to the respondent judge of the Court of First Instance of
    Manila, ordering him to take cognizance of and continue to final judgment the proceedings in civil case
    No. 3012 of said court. No pronouncement as to costs.

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