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SHIGENORI KURODA

vs. MAJOR GENERAL RAFAEL JALANDONI, BRIGADIER GENERAL CALIXTO DUQUE, COLONEL MARGARITO
TORALBA, COLONEL IRENEO BUENCONSEJO, COLONEL PEDRO TABUENA, MAJOR FEDERICO ARANAS,
MELVILLE S. HUSSEY & ROBERT PORT

G.R. No. L-2662


March 26. 1949

FACTS:
Pursuant to EO No. 68, Kuroda was charged with war crimes before the Military Commission after
the war with the Japanese had ended.
Kuroda argued that the Military Commission had no jurisdiction since EO No. 68 is not valid.
Violates provisions of Constitution + Local Laws
Philippines is not a signatory nor an adherent to the Hague Convention on Rules and
Regulations covering Land Warfare, and therefore, petitioner is charged of `crimes not
based on law, national and international.

LAW/S:
EXECUTIVE NO. 68
Established the National War Crimes Office + prescribed rules and regulations governing
the trial of accused war criminals
Based on Art. 2 Sec. 3 of Phil. Constitution:
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.
LAW OF THE HAGUE CONVENTIONS
Laws of war and war crimes in the body of secular international law

ISSUE/S:
Whether or not EO No. 68 is constitutional.

RULING:
EO No. 68 is valid.
EO No 68 is in pursuant to the constitutional provision that states the Philippines
renounces war as an instrument of national policy.
The Hague Convention and other similar conventions whose principles are generally
accepted principles of international law are hence considered as part of the law of the
land.

NOTES:
HUMAN RIGHTS CONCEPTS:
Civil & Political Rights
Generally accepted principles of public international law
Promulgation and enforcement of Execution Order No. 68 is in conformity with the generally
accepted and policies of international law which are part of the Constitution.
Rules and regulation of the Hague and Geneva conventions form part and are wholly based on
generally accepted principles of international law. Such rules and procedures therefore form
part of the law of our nation even if the Philippines was not a signatory to the conventions.
By the doctrine of incorporation, the Philippines abides by these principles even if it was not a
signatory to these conventions by the mere incorporation of such principles in the Constitution.