Shigenori Kuroda vs.

Major General Rafael Jalandoni, Brigadier General Calixto Duque, Colonel

Margarito Toralba, Colonel Ireneo Buenconsejo, Colonel Pedro Tabuena, Major Federico Aranas,
Melville Hussey and Robert Port
Facts:
 Shigenori Kuroda was formerly a Lieutenant General of Japanese Imperial Army and Commanding
General of Japanese Imperial Forces in the PH during 1943 – 1944
o He is charged before military commission for having unlawfully disregarded and failed to
discharge his duties to command, and permitting Japanese military to commit brutal atrocities
and other high crimes against noncombatant civilians and prisoners of Imperial Japanese Forces
in violation of laws and customs of war
 He is praying before the SC to establish the illegality of E.O. 68 and to enjoin and prohibit the
respondents Hussey and Port from participating in the prosecution of his case before the military
commission and to permanently prohibit them from proceeding
 Arguments:
o EO 68 is illegal bc it violates the provision of constitution and also our local laws and that the
PH is not a signatory nor adherent to the Hague Convention on rules & regulations covering land
warfare so petitioner is charged of crimes not based on national or intl law; commission was w/o
jurisidiction to try
o Participation of Hussey and Port who are not attys authorized by SC to practice law in PH is
diminution of our personality as an independent state and appointment as prosec is violation of
consti bc they aren’t qualified to practice law in PH
o Hussey and Port have no personality as prosecution bc US is not a party in interest
 EO 68 established the National War Crimes Office which prescribed the rule and regulation governing
the trial of accused war criminal
Issue: W/N EO 68 is constitutional
Held:
YES
 Art 2 sec 2: The Philippines renounces war as an instrument of national policy and adopts the generally
accepted principles of international law as part of the of the nation.
 In accordance with the generally accepted principle of international law of the present day all those
person 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
 HERE, the promulgation and enforcement of EO 68 the Pres acted in conformity with the generally
accepted and policies of international law which are part of the our Constitution. Such promulgation is
an exercise by the Pres of his power as Commander in chief of all our armed forces.
o Yamashita vs Styer: An importance incident to a conduct of war is the adoption of measure by
the military command not only to repel and defeat the enemies but to seize and subject to
disciplinary measure those enemies who in their attempt to thwart or impede our military effort
have violated the law of war
 Consequently, the Pres as Commander in Chief is fully empowered to consummate the trial and
punishment of war criminal through the issuance and enforcement EO 68
Re: Hague Convention
 rules and regulation of the Hague and Geneva conventions form, part of and are wholly based on
the generally accepted principals of international law. Such rule and principles therefore form part of
the law of our nation even if the Philippines was not a signatory to the convention for our Constitution
has been deliberately general and extensive in its scope and is not confined to the recognition of
rule and principle of international law as contained in treaties to which our government may have
been or shall be a signatory