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    Laurel vs. Misa (G.R. No.l-409, January 30, 1947)

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    PAOLO ABUYO
    The Supreme Court ruled that (1) the sovereignty of the legitimate Philippine government was not suspended during the Japanese occupation, and (2) the law on treason still applied during the occupation. The Court held that a citizen's allegiance to their legitimate government is not severed by enemy occupation, as sovereignty is not transferred to the occupier. Further, citizens are not compelled to adhere or provide aid to the occupying force, as doing so would amount to temporarily transferring allegiance away from the legitimate government.

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    Laurel vs. Misa (G.R. No.l-409, January 30, 1947)

    Uploaded by

    PAOLO ABUYO
    36 views1 page
    The Supreme Court ruled that (1) the sovereignty of the legitimate Philippine government was not suspended during the Japanese occupation, and (2) the law on treason still applied during the occupation. The Court held that a citizen's allegiance to their legitimate government is not severed by enemy occupation, as sovereignty is not transferred to the occupier. Further, citizens are not compelled to adhere or provide aid to the occupying force, as doing so would amount to temporarily transferring allegiance away from the legitimate government.

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    7. Laurel vs. Misa (G.R. No.l-409, January 30, 1947)

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    The Supreme Court ruled that (1) the sovereignty of the legitimate Philippine government was not suspended during the Japanese occupation, and (2) the law on treason still applied during the occupation. The Court held that a citizen's allegiance to their legitimate government is not severed by enemy occupation, as sovereignty is not transferred to the occupier. Further, citizens are not compelled to adhere or provide aid to the occupying force, as doing so would amount to temporarily transferring allegiance away from the legitimate government.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    36 views1 page

    Laurel vs. Misa (G.R. No.l-409, January 30, 1947)

    Uploaded by

    PAOLO ABUYO
    The Supreme Court ruled that (1) the sovereignty of the legitimate Philippine government was not suspended during the Japanese occupation, and (2) the law on treason still applied during the occupation. The Court held that a citizen's allegiance to their legitimate government is not severed by enemy occupation, as sovereignty is not transferred to the occupier. Further, citizens are not compelled to adhere or provide aid to the occupying force, as doing so would amount to temporarily transferring allegiance away from the legitimate government.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Sovereignty is not abrogated1 (and thus the allegiance thereto is not transferred) during

    belligerent (hostile and aggressive) occupation. Thus, the law on treason is still in effect during such
    times.

    7. Laurel vs. Misa (G.R. No.L-409, January 30, 1947)

    Facts. The SC, in a resolution, acted on the petition for the writ of habeas corpus2 filed by
    petitioner Laurel based on the theory 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 treason3 defined and penalized by Art 114 of the RPC
    for the reason that

    (1) That the sovereignty of the legitimate govt in the Phils and, consequently, the
    correlative allegiance of Filipino citizens thereto was then suspended; and

    (2) that there was a change of sovereignty over these Islands upon the proclamation of
    the Phil Republic.

    Issues.

    (1) Is the sovereignty of the legitimate govt in the Phils suspended during the
    Japanese occupation?
    (2) Does the law on treason still apply even during the Japanese occupation?

    Held.

    (1) No. The absolute and permanent allegiance of the inhabitants of a territory
    occupied by the enemy to their legitimate govt or sovereign is not abrogated or
    severed by the enemy occupation, because the sovereignty of the govt or
    sovereign de jure is not transferred thereby to the occupier.
    (2) Yes. Since the preservation of allegiance of the obligation of fidelity and
    obedience of a citizen or subject to his government or sovereign does not demand
    from him a positive action but only passive attitude or forbearance from adhering
    to the enemy by giving the latter aid and comfort, the occupant has no power to
    repeal or suspend the operation of the law of treason, essential for the
    preservation of the allegiance owed by the inhabitants to their legitimate
    government, or compel them to adhere and give aid and comfort to him; because
    it is evident that such action is not demanded by the exigencies of the military
    services or not necessary for the control of the inhabitants and the safety and
    protection of his army, and because it is tantamount to practically transferring
    temporarily to the occupant their allegiance to the titular government or
    sovereignty.

    1
    Abrogate- repeal or do away with (a law, right, or formal agreement).
    2
    The "Great Writ" of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite
    imprisonment. Translated from Latin it means "show me the body." Habeas corpus has historically been an important instrument to
    safeguard individual freedom against arbitrary executive power.
    3
    The crime of betraying one's country, especially by attempting to kill the sovereign or overthrow the government.

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