Kuroda v. Jalandoni Digest

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Kuroda v.

Jalandoni Digest
Kuroda vs. Jalandoni
G.R. L-2662, March 26, 1949
Ponente: Moran, C.J.

Facts:
1. Petitioner Sheginori Kuroda was the former Lt. General of the Japanese Army and
commanding general of the Japanese forces during the occupation (WWII) in the country.
He was tried before the Philippine Military Commission for War Crimes and other atrocities
committed against military and civilians. The military commission was establish under
Executive Order 68.

2. Petitioner assails the validity of EO 68 arguing that it violates not only the provision of our
constitutional law but also our local laws to say nothing of the fact (that) the Philippines is not a
signatory nor an adherent to the Hague Convention on Rules and Regulations covering Land Warfare
and therefore petitioners is charged of 'crimes' not based on law, national and international."

Issue: Whether or not EO 68 is constitutional thus the military tribunal jurisdiction is valid

HELD:

EO 68 is constitutional hence the tribunal has jurisdiction to try Kuroda. EO 68 was enacted
by the President and was in accordance with Sec. 3, Art. 2 of which provides:
The Philippines renounces war as an instrument of national policy and adopts the generally accepted
principles of international law as part of the of the nation.

The promulgation and enforcement of Execution Order No. 68 the President of the Philippines has acted
in conformity with the generally accepted and policies of international law which are part of the our
Constitution including the Hague Convention the Geneva Convention and significant precedents of
international jurisprudence established by the United Nation including the principle that all those person
military or civilian who have been guilty of planning preparing or waging a war of aggression and of the
commission of crimes and offenses consequential and incidental thereto in violation of the laws and
customs of war, of humanity and civilization are held accountable therefor.

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