SHIGENORI KURODA, 

vs .Major General RAFAEL JALANDONI RATIO:

EN BANC
G.R. No. L-2662             March 26, 1949
PONENTE: MORAN, C.J
FACTS:
 Shigenori Kuroda, formerly a Lieutenant-General of the
Japanese Imperial Army in the Philippines during a period
covering 1943 and 1944 is now charged 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 high crimes in violation
of laws the laws and customs of war under E.O 68.
 EO 68 was issued in conformity to the generally accepted
principles of international law established in Hague
Convention.
 Kuroda Agues that EO 68 is unconstitutional as the
Philippines is not a signatory nor an adherent to the Hague
Convention.
 He contends that the Commission which is represented by
Atty. Melville Hussey and Robert Port of USA, prosecuting
him, established pursuant to EO 68 and being Americans is
therefore without jurisdiction.
ISSUE related to Art 2 Section 2 of Constitution
1. On the first issue, it was held that yes, Kuroda can be prosecuted
under E.O 68 even though Philippines is not a signatory of such E.O.
Art. II Section 2 of our constitution provides that the Philippines adopt
the generally accepted principles of international law as part of the
law of the nation. Furthermore, when the crimes were committed, the
Philippines was under the sovereignty of US and thus equally bound
together with the US to the treaty as the US is a signatory of the
convention.
2. 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 said Kuroda in
its custody, this Court will not interfere with the due process of such
Military commission.
NOTES:
HAGUE CONVENTION
- One of a number of international conventions that
address different legal issues and attempt to
standardize procedures between nations. (BLACK LAW
DICTIONARY)

WHETHER OR NOT KURODA BE PROSECUTED UNDER EO 68

WHICH IS ADHERENT TO THE HAGUE CONVENTION EVEN
THOUGH THE PHILIPPINES IS NOT A SIGNATORY OF IT?

OTHER ISSUE

WHETHER OR NOT KURODA CAN BE PROSECUTED BY THE

MILITARY COMMISSION OF UNITED STATES OF AMERICA?

HELD:

The court held that Kuroda can be prosecuted by the Military

Commission