G.R. No.

L-2662 March 26, 1949

SHIGENORI KURODA, petitioner,
vs.
Major General RAFAEL JALANDONI, Brigadier General CALIXTO DUQUE, Colonel
MARGARITO TORALBA, Colonel IRENEO BUENCONSEJO, Colonel PEDRO
TABUENA, Major FEDERICO ARANAS, MELVILLE S. HUSSEY and ROBERT
PORT, respondents.

Facts:
• This is a petition filed by Shigenori Kuroda, questioning the constitutionality of E.O. 68 on the
grounds that it violates the laws of the Philippines.
• Shigenori Kuroda is a former Lieutenant-General of the Japanese Imperial Army and the
Commanding General of the Japanese Imperial Forces in the Philippines during 1943 to 1944.
• He was charged before the military commission for unlawfully failing 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 violation of the laws
and customs of war.
• This is one of the provisions of E.O. 68 or an Order Establishing a National War Crimes Office
and Prescribing Rules and Regulations Governing the Trial of Accused War Criminal, which
was issued by President Manuel Roxas on July 19, 1947.
• Hence, Kuroda questions its constitutionality, saying that it is illegal for violating the
Constitution and local laws as Philippines is not a signatory nor an adherent to the Hague
Convention on Rules and Regulations covering Land Warfare. He asserts therefore that he is
charged of crimes which are not based on either national or international law.
• Kuroda further asserts that the Military Commission has no jurisdiction to try him for his acts
violating the Hague and Geneva Convention because the Philippines is not a signatory to the
first Convention.

Issue:
• Whether or not the Military Commission has jurisdiction over Shigenori Kuroda.

Ruling:
• Yes. According to Article 2, Section 3 of the 1935 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.
• In accordance with the generally accepted principles of international law including the Hague
Convention, Geneva Convention, and significant precedents of international jurisprudence
established by United Nations, all military or civilian personnel who are guilty of planning,
preparing, or waging a war of aggression that are in violation of the laws and customs of war,
of humanity, and civilization, are held accountable.
• While it is true that the Philippines only signed the 2nd Geneva Convention in 1947, still, its
rules and principles are based on the generally accepted principles of international law. Hence,
it forms part of our Constitution since the provision is general and extensive in its scope.