Legally Yours,  Political Law

Laurel v. Misa

Anastacio Laurel filed a petition for habeas corpus contending that he cannot be prosecuted for the crime of treason defined and penalized by the Article 114 of the Revised Penal Code on the grounds that the sovereignty of the legitimate government and the allegiance of Filipino citizens was then suspended, and that there was a change of sovereignty over the Philippines upon the proclamation of the Philippine Republic.

1.    Is the absolute allegiance of the citizens suspended during Japanese occupation?
2.    Is the petitioner subject to Article 114 of the Revised Penal Code?

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.
The petitioner is subject to the Revised Penal Code for the change of form of government does not affect the prosecution of those charged with the crime of treason because it is an offense to the same government and same sovereign people.

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