SHIGENORI KURODA vs. Major General RAFAEL JALANDONI (83 Phil 171) Case Digest

Facts:

Shigenori Kuroda, formerly a Lieutenant-General of the Japanese Army and Commanding General of the Japanese Imperial Forces in the Philippines is charged before the military commission with war crimes. The petitioner tenders that National War Crimes Office established by Executive Order 68 has no jurisdiction over his case since the Philippines is not a signatory of the Hague Convention. He also claimed that Melville Hussey and Robert Port are not attorneys authorized to practice law in the Philippines and that they do not have personality as prosecution since the United Stated is not a pary in interest in the case. 

Issue: 

Is Executive Order No. 68 illegal on the ground that the Philippines is not a signatory of the Hague Convention? 

Ruling: 

The Supreme Court held that the order is valid and constitutional in pursuant to Section 3 Article 2 of the Constitution.

It cannot be denied that the rules and regulation of the Hague and Geneva conventions form part and are wholly based on generally accepted principles of international law. Such rules and procedures therefore form part of the law of our nation even if the Philippines was not a signatory to the conventions.

Furthermore when the crimes charged against petitioner were allegedly committed in the Philippines was under the sovereignty of the United States and thus were equally bound together with the United States and with Japan to the right and obligation contained in the treaties between the belligerent countries. This rights and obligations were not erased by the assumption of full sovereignty.

Military Commission is a special military tribunal governed by special law and not by the rules of court. There is nothing in the said executive order which requires that counsel appearing before the said commission must be attorneys qualified to practice law in the Philippines.

Petition is DENIED.