G.R. No. L-2662; March 26, 1949
SHIGENORI KURODA, petitioner, vs. Major General RAFAEL JALANDONI, et al., respondents.

FACTS

Petitioner Shigenori Kuroda, a former Lieutenant-General of the Japanese Imperial Army in the Philippines during 1943-1944, was charged before a military commission convened by the Armed Forces of the Philippines for war crimes, specifically for permitting atrocities against civilians and prisoners in violation of the laws and customs of war. He challenged the legality of Executive Order No. 68, issued by the President, which established the National War Crimes Office and prescribed rules for the trial of war criminals. Kuroda argued that the order was unconstitutional, that the Philippines was not a signatory to the Hague and Geneva Conventions, and that the participation of two American attorneys (Melville S. Hussey and Robert Port) as prosecutors was illegal as they were not authorized to practice law in the Philippines.

ISSUE

1. Whether Executive Order No. 68 is constitutional and valid.
2. Whether the military commission has jurisdiction to try Kuroda for alleged violations of the Hague and Geneva Conventions.
3. Whether the participation of American attorneys as prosecutors is lawful.

RULING

The Supreme Court upheld the constitutionality and validity of Executive Order No. 68 and dismissed the petition.
1. The Court ruled that Executive Order No. 68 is constitutional. The President, as Commander-in-Chief, has the authority to create a military commission for the trial of war criminals as an aspect of waging war, even after hostilities have ceased. The order aligns with the generally accepted principles of international law, which are part of Philippine law under Article II, Section 3 of the Constitution .
2. The military commission has jurisdiction. The rules of the Hague and Geneva Conventions form part of generally accepted principles of international law, binding on the Philippines regardless of its signature status. At the time the alleged crimes were committed, the Philippines was under U.S. sovereignty, which was a signatory, and upon independence, the Philippines inherited the right to try and punish crimes against its people.
3. The participation of the American attorneys is lawful. Their appointment as prosecutors does not violate Philippine sovereignty or the Constitution, as they are acting under the authority of the United States, which has an interest in the prosecution of war crimes committed during its period of sovereignty. Their role does not constitute the practice of law within the jurisdiction in a manner that requires Philippine bar admission.

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