Kuroda vs. Jalandoni, 83 Phil. 185, L - 2662 March 26, 1949

Facts : Shigenori Kuroda, a formerly a Lietenant-General of the japanese imperial army and commanding general of the japanese imperial forces in the philippines during a period covering 1943 and 1944 who is now charge before a military commission convened by the chief of staff of the armed forces of the philippines with having unlawfully disregarded and failed to discharge his duties as such command, permitting them to commit brutal atrocities and other high crimes against noncombatant civilians and prisoners of the imperial japanese forces in the violations of the laws and customer of war.

Petitioner argues that respondent Military Commission has no jurisdiction to try petitioner for its acts committed in violation of Hague Convention and the Geneva convention because the Philippines is not signatory to Hague Convention and signed the Geneva only in 1947. He also challenges the participation of the two American attorneys in the prosecution of his case on the ground that said attorneys are not qualified to practice law in the Philippines.

Issues:

1. Whether or not the executive order no. 68 is a ground for the violations of our provision of constitutions law and to our local law.

2. Whether or not Atty. Melville S. Hussey and Robert Port is allowed to practice the law professions in the philippines.


Ruling : The court holds that the Executive Order is valid and Constitutional.

Article 2 of our Constitution provides in its section 3 that ” The Philippines renounces war as an instruments of national policy and adopts the generally accepted principle of international law as part of the law of nation.”

In accordance with the generally accepted principles of international law of the present day, including the Hague and Geneva Convention and significant precedents of international jurisprudence established by the U.N, all the persons, military or civilian, who have been guilty of planning, preparing, or waging a war of aggression and commission of the crimes and offenses consequential and incidental thereto, in violation of the laws and customs of war of humanity and civilization, are held accountable therefore. Consequently, in the promulgation and enforcement of Executive Order no. 68, the President of the Philippines has acted in conformity with the generally accepted principles and policies of international law which are part our Constitution.

On the second issue, the court ruled that the appointment of the two American attorneys is not violative of our national sovereignty. It is only fair and proper that the U.S which has submitted the vindication of crimes against her government and her people to a tribunal of our nation should be allowed representation in the trial of those very crimes. The lest that we could do in the spirit of comity is to allow this representation in said trial.

The petition was denied.