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Co Kim Cham vs. Valdez Tan Keh and Dizon 75 Phil 113 Feria, J.


The respondent judge 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 socalled 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.


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.


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. 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.