Shigenori Kuroda v.

Jalandoni
G.R. No. L-2662, March 26, 1949

FACTS
Shigenori Kuroda, formerly a Lieutenant-General of the Japanese Imperial Army and
Commanding General of the Japanese Imperial Forces in the Philippines during a period covering
1943 and 1944... charged 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 commander to control the operations of members of his 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"
Executive Order No. 68 is illegal on the ground that the 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... the participation in the prosecution
of the case... of attorneys Melville Hussey and Robert Port... is a diminution of our personality as
an independent state... and their appointments as prosecutors are a violation of our Constitution
for the reason that they are not qualified to practice law in the Philippines. That Attorneys Hussey
and Port have no personality as prosecutors.

ISSUE
In accordance with the generally accepted principles of international law of the present day,
including the Hague Convention, the Geneva Convention and significant precedents of
international jurisprudence established by the United Nations, all those 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 consequential and incidental thereto, in violation of the laws
and customs of war, of humanity and civilization, are held accountable therefor.

RULINGS
Executive Order No. 68... was issued by the President of the Philippines on the 29th day of July,
1947... is valid and... constitutional. Article 2 of our Constitution provides in its 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 law of the nation." 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 of our Constitution. The promulgation of said executive order is an exercise by the
President of his powers as Commander in Chief of all our armed forces Consequently, the President
as Commander in Chief is fully empowered to consummate this unfinished aspect of war, namely,
the trial and punishment of war criminals, through the issuance and enforcement of Executive

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Order No. 68. The Military Commission having been convened by virtue of a valid law, with
jurisdiction over the crimes charged which fall under the provisions of Executive Order No. 68
and having jurisdiction over the person of the petitioner by having said petitioner in its custody...
or all the foregoing, the petition is denied with costs de official.

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