Kuroda vs.

Jalandoni
G.R. L-2662, March 26, 1949
Facts:
1. Petitioner Sheginori Kuroda was the former Lt. General of the Japanese Army and commanding general
of the Japanese forces during the occupation (WWII) in the country. He was tried before the Philippine
Military Commission for War Crimes and other atrocities committed against military and civilians. The
military commission was establish under Executive Order 68.

2. Petitioner assails the validity of EXecutive Order 68 arguing it is unconstitutional and hence the military
commission did not have the jurisdiction to try him on the following grounds:
- that the Philippines is not a signatory to the Hague Convention (War Crimes)

3. Petitioner likewise assails that the US is not a party of interest in the case hence the 2 US prosecutors
cannot practice law in the Philippines.

Issue: Whether or not EXecutive Order 68 is constitutional thus the military tribunal jurisdiction is valid

HELD:

1. Executive Order 68 is constitutional hence the tribunal has jurisdiction to try Kuroda. EO 68 was enacted
by the President and was in accordance with Sec. 3, Art. 2 of Constitution which renounces war as an
instrument of national policy. Hence it is in accordance with generally accepted principles of international
law including the Hague Convention and Geneva Convention, and other international jurisprudence
established by the UN, including the principle that all persons (military or civilian) guilty of plan, preparing,
waging a war of aggression and other offenses in violation of laws and customs of war. The Philippines
may not be a signatory to the 2 conventions at that time but the rules and regulations of both are wholly
based on the generally accepted principles of international law. They were accepted even by the 2
belligerent nations (US and Japan)

2. As to the participation of the 2 US prosecutors in the case, the US is a party of interest because its
country and people have been greatly aggrieved by the crimes which petitioner was being charged of.

3. Moreover, the Phil. Military Commission is a special military tribunal and rules as to parties and
representation are not governed by the rules of court but the provision of the special law cited in the
foregoing.