The Japanese Belligerent Occupation

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HISTORY 1

HS102EN

Jeric C. Tigolo
The
Japanese
(Belligerent)
According to the rules of Land Warfare of the United States
Army, belligerent or so-called military occupation is a question
of fact. It presupposes a hostile invasion as a result of which the
invader has rendered the invaded government incapable of
publicly exercising its authority, and that the invader is in
position to substitute and has substituted his own authority for
that of the legitimate government of the territory invaded."
(International Law Chiefly as Interpreted and Applied by the
United States, by Hyde, Vol. II, pp. 361, 362.) "Belligerent
Introduction occupation must be both actual and effective. Organized
resistance must be overcome and the forces in possession must
have taken measures to establish law and order. It doubtless
suffices if the occupying army can, within a reasonable time,
send detachments of troops to make its authority felt within the
occupied district." (Id., p. 364.) "Occupation once acquired
must be maintained . . .. It does not cease, however, . . .. Nor
does the existence of a rebellion or the operations of guerrilla
bands cause it to cease, unless the legitimate government is re-
established and the occupant fails promptly to suppress such
The belligerent occupation of the Philippines by
the Japanese invaders became an accomplished
fact from the time General Wainright,
Commander of the American and Filipino forces
in Luzon, and General Sharp, Commander of the
forces in Visayas and Mindanao, surrendered and
Overview ordered the surrender of their forces to the
Japanese invaders, and the Commonwealth
Government had become incapable of publicly
exercising its authority, and the invader had
substituted his own authority for that of the
legitimate government in Luzon, Visayas, and
Mindanao.
Jan. 23,
1942

Jan. &

Overview Jan. 2,
1942
Feb.,
1942

Oct. 14,
1942
With the occupation of Manila, the
Commander in Chief of the Japanese Forces
proclaimed, on January 2, 1942, the military
administration over the territory occupied by
the army, and ordered that “all the laws now
in force in the Commonwealth, as well as
Jan. 2,
executive and judicial institutions shall 1942
continue to be effective for the time being as
in the past”, and “all public officials shall
remain in their present posts and carry on
faithfully their duties as before”.
O
Order No. 1 of the Japanese Commander in
Chief, on January 23, 1942, organized the
Philippine Executive Commission.

The Philippine Executive Commission (PEC),


was organized and issued by Order No. 1 by the Jan. 23,
Commander-in-Chief of the Japanese Forces in 1942
the Philippines. Jorge B. Vargas was appointed
chairman and was instructed to the immediate
coordination of the central organs and of
judicial courts, based upon what had existed
theretofore with the approval of the
Commander-in-Chief.
J
The Chairman of the Executive Commission, as head of
the central administrative organization, issued Executive
Orders Nos. 1 and 4, dated January 30 and February 5,
1942, respectively, in which the Supreme Court, Court of
Appeals, Courts of First Instance, and the justices of the
peace and municipal courts under the Commonwealth
were continued with the same jurisdiction, in conformity Jan. &
with the instructions given to the said Chairman of the
Executive Commission by the Commander in Chief of Feb.,
Japanese Forces in the Philippines in the latter's Order
No. 3 of February 20, 1942, concerning basic principles to
1942
be observed by the Philippine Executive Commission in
exercising legislative, executive and judicial powers.
Section 1 of said Order provided that "activities of the
administration organs and judicial courts in the
Philippines shall be based upon the existing statutes,
orders, ordinances and customs. . . ." J
October 14, 1943, the (Second) Philippine
Republic was inaugurated, with Jose P.
Laurel as President. Jose Yulo, as Chief Justice of
the Supreme Court, administered the oath to
Laurel.
Oct. 14,
The so-called Republic of the Philippines was
inaugurated, but no substantial change was effected 1942
thereby in the organization and jurisdiction of the
different courts that functioned during the
Philippine Executive Commission, and in the laws
they administered and enforced.

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