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Gargaritano - PSC4 3A

The Supreme Court ruled against Shigenori Kuroda, an Imperial Japanese Army Officer accused of war crimes during the Philippine occupation. The court affirmed that the Philippines has the right to try war criminals for acts committed on its soil and that the Military Commission was lawfully established. Kuroda's challenge to the commission's jurisdiction was dismissed as he was considered an enemy alien and a prisoner of war.

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4 views1 page

Gargaritano - PSC4 3A

The Supreme Court ruled against Shigenori Kuroda, an Imperial Japanese Army Officer accused of war crimes during the Philippine occupation. The court affirmed that the Philippines has the right to try war criminals for acts committed on its soil and that the Military Commission was lawfully established. Kuroda's challenge to the commission's jurisdiction was dismissed as he was considered an enemy alien and a prisoner of war.

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Joe Joe
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© © All Rights Reserved
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Joelito T. Gargaritano Jr.

G.R. No. L-966, March 26, 1949

SHIGENORI KURODA, petitioner,

vs.

Major General RAFAEL JALANDONI, Brigadier General CALIXTO DUQUE, Colonel


MARGARITO TORALBA, Colonel IRENEO BUENCONSEJO, Colonel PEDRO
TABUENA, Major FEDERICO ARANAS, MELVILLE S. HUSSEY and ROBERT PORT,
respondents.

Facts:
Shigenori Kuroda was an Imperial Japanese Army Officer during the Occupation of the
Philippines, and he was accused of committing war crimes during the occupation. A Military
Commission was created by the Phiippine Government to try him for his crimes. He challenged
the legality of the comission stating that “it violated his rights”, ‘the Philippines has no right to
try him”, and “The United States-Philippine Military Agreement under which the commission
was formed was not valid.’

Issue:
Whether the creation of the Military Commission is legal and if the Philippine government has
the right to try him for his crimes.

Ruling:
The Supreme court RULED againts Kuroda saying that:

“The Philippines has the right to try war criminals for acts committed on its soil.
The Military Commission was lawfully created by the President using powers under the
international laws of war.Kuroda did not have a right to challenge the jurisdiction of the
commission since he was an enemy alien and a prisoner of war. The agreement between the
Philippines and the U.S. to set up the commission was valid and based on recognized
international practices.”

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