Kuroda vs Jalandoni FACTS Petitioner Shigenori Kuroda was formerly a Lt.

-General of the Japanese Imperial Army in the Philippines during the war. Now that the war has ceased, he is being prosecuted for war crimes before a military Commission. Said military commission was created by Executive Order No. 68, created by President Manuel L. Quezon in the exercise his emergency powers as Chief of Staff of the AFP, to try war criminals by virtue of the Hague Convention where Japan and US were signatories, and the Geneva Convention where the PH is a signatory. Such war crimes were the commission of brutal atrocities and other high crimes against civilians. Petitioner argues that such EO, being adherent to the Rules of the Hague Convention where in the PH is not a signatory, is in violation of our constitution therefore, invalid. ISSUE HELD WON the PH can try war criminals based on an international law, of which it is not a signatory. Yes According to the Section 2 of Art II of our Consti, The PH renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all nations. It cannot be denied that the rules and regulation of the Hague and Geneva conventions form part of and are wholly based on the generally accepted principles of international law. Such rule and principles therefore form part of the law of our nation even if the PH was not a signatory to the conventions embodying them for our Consti has been deliberately general and extensive in its scope and is not confined to the recognition of rule and principle of international law as continued inn treaties to which our govt may have been or shall be a signatory. Furthermore, when the crimes charged against petitioner were allegedly committed the PH was under the sovereignty of the US and thus we were equally bound together with the US and with Japan to the right and oblig contained in the treaties between the belligerent countries. These rights and obligs were not erased by our assumption of full sovereignty. Therefore, the change of our govt from Commonwealth to Republic does not affect the prosecution of those charged with the crime of treason committed during the commonwealth because it is an offense against the same sovereign people. DISSENT: Perfecto The commission empanelled under authority of EO 68 of the President of the Philippines was invalid, the EO 68 being violative of our Consti for the ff reasons: 1.) All laws should be made by the Legislative branch of our govt. the EO was made by the President in the exercise of his extraordinary powers as Chief of Staff of the AFP 2.) The president can only make use of these emergency powers during times of war or emergency. 3.) The EO was promulgated during peacetime or, after the war has ceased, during which the President no longer had the power to perform such act. 4.) The EO and the military commission it created were done in violation of our Consi and are therefore VOID.