KURODA vs. JALANDONI [G.R. No. L-2662; March 26, 1949]

Facts:

          Shigenori Kuroda was the highest ranking Japanese officer stationed in the Philippines during the Japanese occupation. He was then charged before the Military Commission due to the cruelty that were done against non combatant civilians and prisoners during the war. His trial was in pursuant to EO No. 68 which established the National War Crimes Office and prescribing rules and regulations governing the trial of accused war criminals. Kuroda is questioning the legality of the said EO arguing that the same is not provided in the Constitution. He further underscores the fact that the Philippines is not a signatory of the Hague Convention on Rules and Regulations Covering Land Warfare hence we cannot impose against him any criminal charges because it has no laws to base on, national or international.

Issue:

        Whether or not Kuroda can be charged in Philippine courts.

Held:

          Yes.

        EO No. 68 is constitutional hence the Philippine courts can take cognizance of the case at bar. EO 68 is in pursuant to the constitutional provision that stated in Article 2 of the Philippine Constitution. The Hague Convention and other similar conventions whose principles are generally accepted are considered as part of the law of the land.