Anastacio Laurel vs. Eriberto Misa Habeas Corpus Case

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Is the absolute and permanent allegiance of the inhabitants of a territory occupied by the enemy severed by the enemy occupation?

No

What is the distinction made in the text between the sovereignty vested in the titular government and the exercise of the rights inherent thereto?

Sovereignty can be distinguished from the exercise of the rights inherent to it. The sovereignty itself cannot be suspended, but the exercise of the rights of sovereignty can be suspended.

What happens to the allegiance of the inhabitants to their legitimate government during enemy occupation?

The allegiance of the inhabitants to their legitimate government subsists.

What is the conclusion regarding the sovereignty of the United States in Castine, as mentioned in the text?

The sovereignty of the United States was suspended in Castine.

What happens to the exercise of the rights of sovereignty during enemy occupation?

The exercise of the rights of sovereignty can be suspended, and the control and government of the territory occupied by the enemy passes temporarily to the occupant.

Where is the recognition of the subsistence of the sovereignty of the legitimate government in a territory occupied by the military forces of the enemy found, according to the text?

The recognition is found in articles 23, 44, 45, and 52 of the Hague Regulation.

Who filed the petition for habeas corpus in G.R. No. L-409?

Anastacio Laurel

What was the theory presented in the petition for habeas corpus?

A Filipino citizen who adhered to the enemy during the Japanese occupation cannot be prosecuted for the crime of treason.

What is the nature of the allegiance that a citizen or subject owes?

Absolute and permanent allegiance

How should the absolute and permanent allegiance be distinguished from the allegiance a foreigner owes to the government of the territory where he resides?

It should not be confused with the qualified and temporary allegiance which a foreigner owes to the government of the territory where he resides.

What does the temporary allegiance of a foreigner residing in a territory consist of?

Obedience to the laws of the government or sovereign

What did the petitioner argue regarding the crime of treason defined and penalized by article 114 of the Revised Penal Code?

A Filipino citizen who adhered to the enemy during the Japanese occupation cannot be prosecuted for the crime of treason.

Explore the legal case of Anastacio Laurel vs. Eriberto Misa, involving a petition for habeas corpus in the Supreme Court of the Philippines. This case resolution addresses important legal considerations.

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