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 EO 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 EO 68 is constitutional thus the military tribunal jurisdiction is valid
Decision:
1. EO 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 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 this special law.
Facts: Kuroda was the highest ranking Japanese officer stationed in the Philippines during the Japanese
occupation. He was then charged before the Military Commission due to the atrocities that were done
against non combatant civilians and prisoners during the war. His trial was in pursuant to EO No. 68
which established the National War Crimes Office and prescribing rules and regulations governing the
trial of accused war criminals. Kuroda is questioning the legality of the said EO arguing that the same is
not provided for in the Constitution. He further underscores the fact that the Philippines is not a signatory

of the Hague Convention on Rules and Regulations Covering Land Warfare hence we cannot impose
against him any criminal charges because it has no laws to base on, national or international.
ISSUE: Whether or not Kuroda can be charged in Philippine courts?
Decision: EO No. 68 is constitutional hence the Philippine courts can take cognizance of the case at bar.
EO No 68 is in pursuant to the constitutional provision that states 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. The Hague Convention and other similar conventions whose principles are
generally accepted are hence considered as part of the law of the land.