Kim Chan vs Tan Keh; G.R. No. L-5a; 16 Nov 1945; 75 Phil 371

in Legal Chyme by

Respondent judge refused to take cognizance of and continued the proceeding in petitioner’s civil case on the ground that the proclamation of Gen. MacArthur had the effect of invalidating and nullifying all judicial proceedings and judgment of the court of the Philippines under the Philippine Executive Commission and the Republic of the Philippines established during the Japanese military occupation and that the lower courts have no jurisdiction to take cognizance of and continue proceedings pending in the courts of the defunct Republic of the Philippines in the absence of an enabling law granting such authority.

Whether or not the judicial acts and proceedings of the court existing during Japanese occupation were valid.

YES. It It is a legal truism in political and international law that all acts and proceedings of the legislative, executive and judicial departments of a de facto government are good and valid.

Leave a Reply

Your email address will not be published.


This site uses Akismet to reduce spam. Learn how your comment data is processed.