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    Laurel VS Misa

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    LOUIS ABEGAIL DIESTA
    Anastacio Laurel was arrested in 1945 for collaborating with Japanese forces during their occupation of the Philippines. He claimed he could not be tried for treason since allegiance to the Philippines was suspended under occupation. The court ruled against Laurel, finding that allegiance to a country is not suspended due to occupation, as sovereignty remains with the legitimate government. It also noted that while the form of government changed from Commonwealth to Republic, the sovereign people of the Philippines remained the same. Laurel was found guilty of treason.

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    Laurel VS Misa

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    LOUIS ABEGAIL DIESTA
    56 views1 page
    Anastacio Laurel was arrested in 1945 for collaborating with Japanese forces during their occupation of the Philippines. He claimed he could not be tried for treason since allegiance to the Philippines was suspended under occupation. The court ruled against Laurel, finding that allegiance to a country is not suspended due to occupation, as sovereignty remains with the legitimate government. It also noted that while the form of government changed from Commonwealth to Republic, the sovereign people of the Philippines remained the same. Laurel was found guilty of treason.

    Original Title

    7. LAUREL VS MISA

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    Anastacio Laurel was arrested in 1945 for collaborating with Japanese forces during their occupation of the Philippines. He claimed he could not be tried for treason since allegiance to the Philippines was suspended under occupation. The court ruled against Laurel, finding that allegiance to a country is not suspended due to occupation, as sovereignty remains with the legitimate government. It also noted that while the form of government changed from Commonwealth to Republic, the sovereign people of the Philippines remained the same. Laurel was found guilty of treason.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    56 views1 page

    Laurel VS Misa

    Uploaded by

    LOUIS ABEGAIL DIESTA
    Anastacio Laurel was arrested in 1945 for collaborating with Japanese forces during their occupation of the Philippines. He claimed he could not be tried for treason since allegiance to the Philippines was suspended under occupation. The court ruled against Laurel, finding that allegiance to a country is not suspended due to occupation, as sovereignty remains with the legitimate government. It also noted that while the form of government changed from Commonwealth to Republic, the sovereign people of the Philippines remained the same. Laurel was found guilty of treason.

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    LAUREL VS.

    MISA
    G.R. No. L-200 March 28, 1946
    BENGZON, J.:

    Facts:
    Anastacio Laurel, a Filipino citizen, was arrested in Camarines Sur in May 1945, by the
    United States Army for his active collaboration with the Japanese during the Japanese
    occupation. The accused was charged with treason because he adhered to the enemy by giving
    them aid and comfort. In September 1945, he was turned over to the Commonwealth
    Government, and since then has been under the custody of the respondent Director of Prisons.
    The legality of the prisoner's arrest and detention by the military authorities of the United
    States is now beyond question. He claims that he cannot be tried for treason since his allegiance
    to the Philippines was suspended at that time. Also, he claims that he cannot be tried under a
    change of sovereignty over the country since his acts were against the Commonwealth which
    was replaced already by the Republic.

    Issue:
    Whether or not the absolute allegiance of the citizens was suspended during Japanese
    occupation

    Ruling:
    The accused was found guilty. The absolute and permanent allegiance of the inhabitants
    of a territory occupied by the enemy of their legitimate government on the sovereign is not
    abrogated or severed by the enemy occupation because the sovereignty of the government or
    sovereign de jure is not transferred to the occupier. There is no such thing as suspended
    allegiance.
    Moreover, sovereignty cannot be suspended; it is either subsisting or eliminated and
    replaced. Regarding the change of government, there is no such change since the sovereign – the
    Filipino people – is still the same. What happened was a mere change of name of government,
    from Commonwealth to the Republic of the Philippines.

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