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Co Kim Cham vs.

Valdez Tan Keh and Dizon The judicial acts and proceedings of the courts of
75 Phil 113 justice of those governments, which are not of a
Feria, J. political complexion, were good and valid, and, by
virtue of the well-known principle of postliminy
Facts (postliminium) in international law, remained good
and valid after the liberation or reoccupation of the
The respondent judge Arsenio Dizon of the lower Philippines.
court refused to take cognizance of and continue
the proceeding of civil case No. 3012 of said court It is part of international law that acts and
which was initiated under the regime of the so- proceedings of the legislative, executive, and
called Republic of the Philippines established judicial departments of a de facto government are
during the Japanese military occupation of the valid.
Philippines.
 The Supreme Court held that the Philippine
He argued that the proclamation issued by Gen. Executive Commission which was organized
Douglas MacArthur had the effect of invalidating by Order No. 1 by the Commander of the
and nullifying all judicial proceedings and Japanese forces, was a civil government
judgements of the courts of the said governments. established by the military forces of
occupation and therefore a de facto
He also argued that the said governments during government of the second kind or a
the Japanese occupation were not de facto government of paramount force.
governments.
 The source of its authority comes from the
Issue Japanese military, it is a government
imposed by the laws of war.
Whether or not the governments established in the
Philippines under the names of Philippines  The same is true with the Republic of the
Executive Commission and Republic of the Philippines.
Philippines during the Japanese military occupation
or regime were de facto governments.  Apparently established and organized as a
sovereign state independent from any other
government by the Filipino people, was, in
WON the proceedings during the Japanese period truth and reality, a government established
still apply or continue after the occupation by the Japanese forces of occupation.

Held

The SC held yes because the governments


established in the Philippines under the names of
the Philippine Executive Commission and Republic
of the Philippines during the Japanese military
occupation or regime were DE FACTO governments.

It is classified as a de facto government of the


second kind or a government of paramount force.