Kuroda (Petitioner)

Versus
Jalandoni (Respondent)
Main Topic The Incorporation Clause
Facts:
President of the Philippines (Manuel Roxas) issued Executive Order No. 68
Establishing A National War Crimes Office prescribing the rules and regulations
governing the trial of accused war criminals on July 29, 1947. Shigenori Kuroda
(petitioner), formerly a Lieutenant-General of the Japanese Imperial Army and
Commanding General of the Japanese Imperial forces in the Philippines is charged
by the Chief of Staff of the Armed Forces of the Philippines to discharge his duties as
such command by committing brutal actions and other high crimes against civilians
and prisoners of the Imperial Japanese Forces. Petitioners argues that the
respondent has no Jurisdiction to try petitioner for acts committed in violation of the
Hague Convention and the Geneva Convention because Philippines is not a
signatory in the said convention.
Contention of the Petitioner
First- The Executive Order No. 68 issued by the President of the Philippines is
illegal on the ground that it violates not only the provision of the Constitutions but
also in local laws, the Philippines is not a signatory to the HAGUE CONVENTION ON
RULES AND REGULATIONS covering Land warfare.
Second- That the participation of Foreign Attorneys (USA) in the prosecution
of the case against petitioner, who are not authorized by the Supreme Court to
practice law in the Philippines.
Issue: Whether or not Executive Order No. 68 issued by the President is
constitutional
Whether or not Participation of foreign attorneys is allowed or authorize to
practice of law
in the Philippines
Ruling:
Executive Order No. 68 Establishing a National War Crimes Office prescribing
the rules and regulations governing the trial of accused war criminals was issued by
the President of the Philippines on the 29th day of July 1947. This court holds that
this order is valid and Constitutional. Article 2 of our Constitution provides in section
3, that The Philippines renounces war as an instrument of national policy and
adopts the generally accepted Principles of International Law as part of the nation
Promulgation of Executive Order is an exercise by the President of his power
as Commander in Chief of all armed forces of the Philippines
The Military Commission is a special military tribunal governed by a special
law and not by the Rules of Court which govern ordinary civil court. It has been
shown that Executive Order No. 68 which provides military commission is valid and

constitutional law. There is nothing said in the executive order which requires that
counsel appearing must be qualified to practice of law in the Philippines in
accordance with the Rules of Court.
The Petition is DENIED with cost de oficio