Kuroda v. Jalandoni [G.R. No. L-2662. March 26, 1949].docx

Digested Cases In Constitution I: Requirement for Atty. Nachura Jr.

Sec. 1-H (AY 2018-2019)

TOPIC: Powers of the President (Military Powers)

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Kuroda v. Jalandoni [G.R. No. L-2662. March 26, 1949] Petitioner: Shigenori Kuroda Respondent/s:  Maj. Rafael Jalandoni, et al. Ponente: Moran, C. J. Facts

Petitioner Shigenori Kuroda, the Commanding General of the Japanese Imperial Forces in the Philippines during the Japanese occupation, was charged before the Philippine Military Commission of war crimes and other atrocities committed against militaries and civilians. The military commission was establish under Executive Order No. 68. The petitioner assails the validity and constitutionality of E.O. No. 68 that created the National War Crimes Office and prescribed rules on the trial of accused war criminals. He contended that the Philippines is not a signatory to the Hague Convention on Rules and Regulations covering Land Warfare (War Crimes) and therefore he is charged of crimes crime s not based on law, national nati onal and international. internat ional. Petitioner likewise like wise assails that the US is not a party of interest in the case hence the 2 US prosecutors cannot practice law in the Philippines. Issues Whether or not E.O. No. 68 is constitutional Held Yes. EO 68 is constitutional hence the tribunal has jurisdiction to try Kuroda. Rationale Executive Order No. 68 which was issued by the President of the Philippines on the 29 July 1947 is valid in accordance with Section 3, Article 2 of The Constitution, which states that, “The Philippines renounces war as an instrument of national policy, and adopts the generally accepted principles of international law as part of the law of the nation.” Hence, its promulgation and enforcement is in accordance with generally accepted principles of international law including the Hague Convention and Geneva Convention, and other international jurisprudence established by the UN, including the principle that all persons (military or civilian) guilty of plan, preparing, waging a war of aggression and other offenses in violation of laws and customs of war. The Philippines may not be a signatory to the said conventions at that time but the rules and regulations

Digested Cases In Constitution I: Requirement for Atty. Nachura Jr.

Sec. 1-H (AY 2018-2019)

of both are wholly based on the generally accepted principles of international law. They were accepted even by the two (2) belligerent nations (US and Japan) Furthermore, the promulgation of said executive order is an exercise by the President of his powers as Commander in Chief of all our armed forces. The promulgation of said executive order is an exercise by the President of his powers as Commander in Chief of all our armed forces which makes him fully empowered to consummate his unfinished aspect of war, namely, the trial and punishment of war criminals, through the issuance and enforcement of the E.O. No. 68.