Kuroda v. Jalandoni, G.R. No. L-2662, March 26, 1949

D E C I S I O N

(En Banc)

MORAN, C.J.:

I.      THE FACTS

Petitioner Shigenori Kuroda, the Commanding General of the Japanese Imperial Forces in the Philippines during the Japanese occupation, was charged before the Philippine Military Commission of war crimes. He questioned the constitutionality of E.O. No. 68 that created the National War Crimes Office and prescribed rules on the trial of accused war criminals. He contended the Philippines is not a signatory to the Hague Convention on Rules and Regulations covering Land Warfare and therefore he is charged of crimes not based on law, national and international. 

II.    THE ISSUES

Was E.O. No. 68 valid and constitutional?

III.   THE RULING

[The Court DENIED the petition and upheld the validity and constitutionality of E.O. No. 68.]

YES, E.O. No. 68 valid and constitutional.

Article 2 of our Constitution provides in its section 3, that –

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.

In accordance with the generally accepted principle of international law of the present day including the Hague Convention the Geneva Convention and significant precedents of international jurisprudence established by the United Nation all those person military or civilian who have been guilty of planning preparing or waging a war of aggression and of the commission of crimes and offenses consequential and incidental thereto in violation of the laws and customs of war, of humanity and civilization are held accountable therefor. Consequently in the promulgation and enforcement of Execution Order No. 68 the President of the Philippines has acted in conformity with the generally accepted and policies of international law which are part of the our Constitution.

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Petitioner argues that respondent Military Commission has no jurisdiction to try petitioner for acts committed in violation of the Hague Convention and the Geneva Convention because the Philippines is not a signatory to the first and signed the second only in 1947. 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 principals of international law. In facts these rules and principles were accepted by the two belligerent nations the United State and Japan who were signatories to the two Convention. Such rule and principles therefore form part of the law of our nation even if the Philippines was not a signatory to the conventions embodying them for our Constitution has been deliberately general and extensive in its scope and is not confined to the recognition of rule and principle of international law as contained in treaties to which our government may have been or shall be a signatory.