Anastacio Laurel vs. Eriberto Misa Legal Case
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Questions and Answers

What happens to the allegiance of the inhabitants of a territory occupied by the enemy?

  • It is transferred to the occupier
  • It remains vested in the legitimate government (correct)
  • It is severed by the enemy occupation
  • It is suspended during the enemy occupation

    • What does the text imply about the sovereignty of the government de jure during enemy occupation?

  • It remains vested in the legitimate government (correct)
  • It is suspended during enemy occupation
  • It is transferred to the occupier
  • It is destroyed by the enemy occupation

    • What can be suspended during the war?

  • The sovereignty itself
  • The legitimacy of the government
  • The exercise of the rights of sovereignty (correct)
  • The allegiance of the inhabitants

    • Based on the text, what is recognized by necessary implication in articles 23, 44, 45, and 52 of Hague Regulation?

    <p>Subsistence of sovereignty during enemy occupation</p> Signup and view all the answers

    What is a corollary of the conclusion that sovereignty itself is not suspended according to the text?

    <p>Subsistence of allegiance to the legitimate government</p> Signup and view all the answers

    What happened to the sovereignty of the United States in Castine according to the text?

    <p>It was suspended</p> Signup and view all the answers

    What was the basis of the petition for habeas corpus filed by Anastacio Laurel in G.R.No.L-409?

    <p>Theory that a Filipino citizen who adhered to the enemy during the Japanese occupation cannot be prosecuted for treason.</p> Signup and view all the answers

    According to the resolution, what kind of allegiance do citizens owe to their government or sovereign?

    <p>Absolute and permanent allegiance.</p> Signup and view all the answers

    Why did the Court reject the theory presented in the petition for habeas corpus?

    <p>Because a citizen owes an absolute and permanent allegiance to their government or sovereign.</p> Signup and view all the answers

    What does 'qualified and temporary allegiance' refer to in the context of the resolution?

    <p>The allegiance owed by foreigners to the government of the territory where they reside.</p> Signup and view all the answers

    According to the resolution, what does a foreigner's temporary allegiance consist of?

    <p>Fidelity and obedience to the government or sovereign of the territory where they reside.</p> Signup and view all the answers

    What does 'permanent allegiance' mean in the context of the resolution?

    <p>Obligation of fidelity and obedience to one's government or sovereign.</p> Signup and view all the answers

    Study Notes

    Allegiance and Sovereignty during Enemy Occupation

    • During enemy occupation, the allegiance of the inhabitants of a territory remains with their government de jure, not with the occupying power.
    • The sovereignty of the government de jure is not suspended, but some of its powers and functions may be suspended during war.
    • The Hague Regulation (articles 23, 44, 45, and 52) implies that the occupied territory is not annexed and the sovereign authority is not transferred to the occupying power.
    • A corollary of the conclusion that sovereignty itself is not suspended is that the occupied territory remains a separate entity, and the occupying power is not the sovereign.

    Sovereignty and Allegiance in Specific Cases

    • In the case of Castine, the sovereignty of the United States was not suspended, despite being occupied by the British during the War of 1812.
    • Anastacio Laurel's petition for habeas corpus (G.R. No. L-409) was based on the argument that he owed allegiance to the Japanese occupation government, which was rejected by the Court.
    • The resolution states that citizens owe a permanent and perpetual allegiance to their government or sovereign.
    • The Court rejected the theory presented in the petition for habeas corpus because it held that sovereignty is not suspended during enemy occupation.

    Types of Allegiance

    • 'Qualified and temporary allegiance' refers to the temporary obligation of obedience to the occupying power, which is distinct from the permanent allegiance owed to one's government or sovereign.
    • A foreigner's temporary allegiance consists of obedience to the laws and authorities of the occupying power during their stay in the occupied territory.
    • 'Permanent allegiance' refers to the permanent and perpetual obligation of loyalty and obedience to one's government or sovereign, which is not suspended during enemy occupation.

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    Description

    This is a legal case resolution involving Anastacio Laurel and Eriberto Misa. The Supreme Court of the Philippines issued a resolution on January 30, 1947, in response to a petition for habeas corpus filed by Anastacio Laurel.

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