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Laurel Vs Misa Digest

1) Anastacio Laurel filed a petition for habeas corpus arguing that as a Filipino citizen who aided the Japanese during their occupation of the Philippines, he could not be prosecuted for treason against the legitimate Philippine government. 2) The court ruled that the sovereignty of the legitimate Philippine government was not suspended during the Japanese occupation. 3) The court found that the allegiance of inhabitants to their legitimate government is not severed by an enemy occupation, as sovereignty remains vested in the legitimate government, not the occupying force. Therefore, Laurel's claim of suspended allegiance was rejected.

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219 views2 pages

Laurel Vs Misa Digest

1) Anastacio Laurel filed a petition for habeas corpus arguing that as a Filipino citizen who aided the Japanese during their occupation of the Philippines, he could not be prosecuted for treason against the legitimate Philippine government. 2) The court ruled that the sovereignty of the legitimate Philippine government was not suspended during the Japanese occupation. 3) The court found that the allegiance of inhabitants to their legitimate government is not severed by an enemy occupation, as sovereignty remains vested in the legitimate government, not the occupying force. Therefore, Laurel's claim of suspended allegiance was rejected.

Uploaded by

Maria Theresa Guillen
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© © All Rights Reserved
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G.R. No.

L-409 January 30, 1947

ANASTACIO LAUREL, petitioner,

vs.

ERIBERTO MISA, respondent.

FACTS:

Anastacio Laurel filed a petition for habeas corpus based on a 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 treason defined and penalized by article 114 of the Revised Penal Code, for the reason

(1) that the sovereignty of the legitimate government in the Philippines 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 Philippine
Republic:

ISSUE:

WON the sovereignty of the legitimate government in the Philippines was then suspended during the
Japanese military occupation

RULING:

NO.

Considering that the absolute and permanent allegiance of the inhabitants of a territory occupied by the
enemy of their legitimate government or sovereign is not abrogated or severed by the enemy occupation,
because the sovereignty of the government or sovereign de jure is not transferred thereby to the occupier
and if it is not transferred to the occupant it must necessarily remain vested in the legitimate government.
The sovereignty vested in the titular government (which is the supreme power which governs a body
politic or society which constitute the state) must be distinguished from the exercise of the rights inherent
thereto, and may be destroyed, or severed and transferred to another, but it cannot be suspended
because the existence of sovereignty cannot be suspended without putting it out of existence or divesting
the possessor thereof at least during the so-called period of suspension; that what may be suspended is
the exercise of the rights of sovereignty with the control and government of the territory occupied by the
enemy passes temporarily to the occupant; that the subsistence of the sovereignty of the legitimate
government in a territory occupied by the military forces of the enemy during the war,

As a corollary of the conclusion that the sovereignty itself is not suspended and subsists during the enemy
occupation, the allegiance of the inhabitants to their legitimate government or sovereign subsists, and
therefore there is no such thing as suspended allegiance, the basic theory on which the whole fabric of
the petitioner's contention rests.

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