SHIGENORI KURODA, vs .Major General RAFAEL JALANDONI

EN BANC

G.R. No. L-2662, March 26, 1949

PONENTE: MORAN, C.J

FACTS:

• Shigenori Kuroda, formerly a Lieutenant-General of the Japanese Imperial Army in the Philippines during a period covering 1943 and 1944 is now charged with having unlawfully disregarded and failed "to discharge his duties as such commander to control the operations of members of his command, permitting them to commit high crimes in violation of laws the laws and customs of war under E.O 68.
•  EO 68 was issued in conformity to the generally accepted principles of international law established in Hague Convention.
• Kuroda Agues that EO 68 is unconstitutional as the Philippines is not a signatory nor an adherent to the Hague Convention.
• He contends that the Commission which is represented by Atty. Melville Hussey and Robert Port of USA, prosecuting him, established pursuant to EO 68 and being Americans is therefore without jurisdiction.

ISSUE related to Art 2 Section 2 of Constitution

WHETHER OR NOT KURODA BE PROSECUTED UNDER EO 68 WHICH IS ADHERENT TO THE HAGUE CONVENTION EVEN THOUGH THE PHILIPPINES IS NOT A SIGNATORY OF IT?

OTHER ISSUE

WHETHER OR NOT KURODA CAN BE PROSECUTED BY THE MILITARY COMMISSION OF UNITED STATES OF AMERICA?

HELD:

The court held that Kuroda can be prosecuted by the Military Commission

RATIO:

1. On the first issue, it was held that yes, Kuroda can be prosecuted under E.O 68 even though Philippines is not a signatory of such E.O. Art. II Section 2 of our constitution provides that the Philippines adopt the generally accepted principles of international law as part of the law of the nation. Furthermore, when the crimes were committed, the Philippines was under the sovereignty of US and thus equally bound together with the US to the treaty as the US is a signatory of the convention.

2. The Military Commission having been convened by virtue of a valid law with jurisdiction over the crimes charged which fall under the provisions of Executive Order No. 68, and having said Kuroda in its custody, this Court will not interfere with the due process of such Military commission.

NOTES:

HAGUE CONVENTION

-       One of a number of international conventions that address different legal issues and attempt to standardize procedures between nations.  (BLACK LAW DICTIONARY)