Case Digest (G.R. No. L-5) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Co Kim Cham (alias Co Cham) v. Eusebio Valdez Tan Keh and Arsenio P. Dizon, Judge of the First Instance of Manila, G.R. No. L-5, decided September 17, 1945, petitioner Co Kim Cham sought a writ of mandamus to compel Judge Arsenio P. Dizon to resume civil case No. 3012—originally filed under the “Republic of the Philippines” established during the Japanese occupation—on the ground that General MacArthur’s October 23, 1944 proclamation had rendered all Japanese-regime courts and processes null and void. On January 2, 1942, Imperial Japanese Forces occupied Manila and, by proclamation, declared that existing Commonwealth laws, courts, and officials would continue “as in the past.” On January 23, 1942, the Japanese Commander in Chief created a Philippine Executive Commission, which by Executive Orders Nos. 1 and 4 (January 30 and February 5, 1942) maintained the Supreme Court, Court of Appeals, Courts of First Instance, and lower tribunals with their prior jurisdiction. On Oct Case Digest (G.R. No. L-5) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Japanese occupation and government succession
- January 2–3, 1942: Imperial Japanese Forces occupy Manila; military administration established, all Commonwealth laws and courts continued “for the time being.”
- January 23, 1942: Japanese Commander establishes Philippine Executive Commission; orders Supreme Court, Court of Appeals, Courts of First Instance, and lower courts to function with existing jurisdiction.
- October 14, 1943: So-called Republic of the Philippines inaugurated under Japanese auspices; courts and laws remain substantially unchanged.
- October 23, 1944: General Douglas MacArthur issues proclamation declaring only Commonwealth laws valid in liberated areas; “all laws, regulations and processes of any other government” null and void.
- February 3 & 27, 1945: Manila partially liberated; Commonwealth Government formally restored.
- Civil case No. 3012 and refusal to proceed
- Under Japanese regime, petitioner filed civil case No. 3012 in the Manila Court of First Instance.
- After liberation, Judge Arsenio P. Dizon declines jurisdiction, holds MacArthur’s proclamation invalidates all non-Commonwealth processes and that enabling law is needed to revive Japanese-era proceedings.
- Petitioner seeks writ of mandamus from the Supreme Court to compel Dizon to resume and conclude case No. 3012.
Issues:
- Whether judicial acts and proceedings of courts under the Philippine Executive Commission and Republic of the Philippines were valid and remain so after liberation.
- Whether MacArthur’s October 23, 1944 proclamation nullified all judicial proceedings of those courts.
- Whether the present Commonwealth courts may continue proceedings pending in those Japanese-era courts at liberation without an enabling law.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)