Case Digest

Topics: Law, Philippines, Constitution Pages: 4 (1259 words) Published: August 1, 2013
1.) Kuroda v. Jalandoni 83 Phil 171


The Commanding General of the Japanese Imperial Forces of the Philippines during World War II was Shigenori Kuroda was a Lieutenant, which the petitioner. He was charged before the Philippine Military Tribunal by the Chief of Staff of the Armed Forces of the Philippines for unlawfully failed to discharge his duties thus permitting to commit brutal and high crimes against the non-combatant civilians and prisoners of The Imperial Japanese forces. Kuroda argued that Executive Order No. 68 which was issued by President Manuel Roxas establishing a National war crimes office prescribing rule and regulation governing the trial of accused war criminals was illegal. It violated the provision of the Philippine Constitution and a local law since the Philippines was not a signatory or an adherent to the Hague Convention on Rules and Regulations covering Land Warfare. Therefore, he was charged of crimes not based on national and international laws. The second argument was that American attorneys Hussey and Port should not be allowed to practice law in the Philippines since it was a violation of the Philippine Constitution. ISSUES:

* Whether or not Executive Order No. 68 constitutional
It’s yes, because Executive Order No. 68 is valid and constitutional. In addition to the promulgation and enforcement of Executive Order No. 68 the President of the Philippines has acted in conformity with the generally accepted principles of international law which are part of our constitution. The President as Commander in chief was fully empowered in the issuance and enforcement of Executive Order No. 68. 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 principles of international law. In facts, these rules and principles were accepted by the United States and Japan who were signatories to the Conventions. The rules and principles...
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