Kuroda vs Jalandoni

83 Phil 171

Facts:

Shinegori Kuroda, a former lieutenant-general of the Japanese Imperial Army

and commanding general of the Japanese Imperial Forces in the Philippines was
charged before the Philippine Military Commission for war crimes. Being the
commanding general of the enemy forces during the war period, he was tried for
failing to discharge his duties well and permitting the brutal atrocities and other
high crimes committed by his men against noncombatant civilians and prisoners
of the Japanese forces, in clear violation of the laws and customs of war.

Kuroda, in his petition, argues that the Military Commission is not a valid court
because the law that created it, Executive Order No. 68, is unconstitutional. He
further contends that using as basis the Hague Convention’s Rules and
Regulations covering Land Warfare for the war crimes committed cannot stand
ground as the Philippines was not a signatory of such rules in such convention.
Furthermore, he alleges that the United States is not a party of interest in the
case and that the two US prosecutors cannot practice law in the Philippines.

Issues:

1. Whether or not Executive Order No. 68 is constitutional.

2. Whether or not the US is a party of interest to this case.

Ruling:

The Supreme Court ruled that Executive Order No. 68, creating the National War
Crimes Office and prescribing rules on the trial of accused war criminals is
constitutional as it is aligned with Sec. 3, Article 2 of the Constitution which states
that, “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.” The generally accepted principles of international law includes those
formed during the Hague Convention, the Geneva Convention and other
international jurisprudence established by the United Nations. These include the
principle that all persons, military or civilian, who have been guilty of planning,
preparing or waging a war of aggression and of the commission of crimes and
offenses in violation of laws and customs of war, are to be held accountable. In
the doctrine of incorporation, the Philippines abides by these principles and
therefore has a right to try persons that commit such crimes and most especially
when it is committed againsts its citizens. It abides with it even if it was not a
signatory to these conventions by the mere incorporation of such principles in the
constitution.

The United States is a party of interest because the country and its people have
been equally, if not more greatly, aggrieved by the crimes with which the
petitioner is charged for. By virtue of Executive Order No. 68, the Military
Commission is a special military tribunal and that the rules as to parties and
representation are not governed by the rules of court but by the very provisions
of this special law.