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Questions and Answers
What happens to the allegiance of the inhabitants of a territory occupied by the enemy?
What does the text imply about the sovereignty of the government de jure during enemy occupation?
What can be suspended during the war?
Based on the text, what is recognized by necessary implication in articles 23, 44, 45, and 52 of Hague Regulation?
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What is a corollary of the conclusion that sovereignty itself is not suspended according to the text?
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What happened to the sovereignty of the United States in Castine according to the text?
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What was the basis of the petition for habeas corpus filed by Anastacio Laurel in G.R.No.L-409?
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According to the resolution, what kind of allegiance do citizens owe to their government or sovereign?
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Why did the Court reject the theory presented in the petition for habeas corpus?
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What does 'qualified and temporary allegiance' refer to in the context of the resolution?
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According to the resolution, what does a foreigner's temporary allegiance consist of?
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What does 'permanent allegiance' mean in the context of the resolution?
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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.
