Practice question
Foreign troops temporarily occupy part of the Philippines during war and displace the lawful civil authorities. No lawful transfer of sovereignty occurs. An occupier claims that effective military control alone makes it the sovereign. Under Laurel v. Misa, is the claim correct?
- Yes, because possession always transfers sovereignty.
- No, because military occupation alone does not transfer the legitimate sovereign’s sovereignty.
- Yes, because public offices can no longer function normally.
- No, because an occupant can never issue any binding order.
- Yes, but only over residents who remain in the occupied area.
Legal references
- Laurel v. Misa, G.R. No. L-409, January 30, 1947, majority resolution, sovereignty and allegiance during occupation: https://lawphil.net/judjuris/juri1947/jan1947/gr_l-409_1947.html
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