7/25/2019 PIL 1-6 CASES

1/7

PIL CASE DIGEST

#1 KURODA V JALANDONI

FactsShinegori Kuroda, a former Lieutenant-General of the a!anese Im!erial Arm"and Commanding General of the a!anese Im!erial Forces in the Phili!!ines

#as charged $efore the Phili!!ine %ilitar" Commission for #ar crimes& As he#as the commanding general during such !eriod of #ar, he #as tried forfailure to discharge his duties and !ermitting the $rutal atrocities and otherhigh crimes committed $" his men against noncom$atant ci'ilians and!risoners of the a!anese forces, in 'iolation of of the la#s and customs of#ar&Kuroda, in his !etition, argues that the %ilitar" Commission is not a 'alidcourt $ecause the la# that created it, E(ecuti'e )rder *o& +, isunconstitutional& e further contends that using as $asis the agueCon'ention.s /ules and /egulations co'ering Land 0arfare for the #ar crimecommitted cannot stand ground as the Phili!!ines #as not a signator" of

such rules in such con'ention& Furthermore, he alleges that the 1nited Statesis not a !art" of interest in the case and that the t#o 1S !rosecutors cannot!ractice la# in the Phili!!ines&

Issue2&0hether or not E(ecuti'e )rder *o& + is constitutional3&0hether or not the 1S is a !art" of interest to this case

/ulingThe Su!reme Court ruled that E(ecuti'e )rder *o& +, creating the *ational

0ar Crimes )4ce and !rescri$ing rules on the trial of accused #ar criminals,is constitutional as it is aligned #ith Sec 5,Article 3 of the Constitution #hichstates that 6The Phili!!ines renounces #ar as an instrument of national!olic" and ado!ts the generall" acce!ted !rinci!les of international la# as!art of the la# of the nation&7 The generall" acce!ted !rinci!les ofinternational la# includes those formed during the ague Con'ention, theGene'a Con'ention and other international 8uris!rudence esta$lished $"1nited *ations& These include the !rinci!le that all !ersons, militar" orci'ilian, #ho ha'e $een guilt" of !lanning, !re!aring or #aging a #ar ofaggression and of the commission of crimes and o9enses in 'iolation of la#sand customs of #ar, are to $e held accounta$le& In the doctrine of

incor!oration, the Phili!!ines a$ides $" these !rinci!les and therefore has aright to tr" !ersons that commit such crimes and most es!eciall" #hen it iscommitted againsts its citi:ens& It a$ides #ith it e'en if it #as not a signator"to these con'entions $" the mere incor!oration of such !rinci!les in theconstitution&The 1nited States is a !art" of interest $ecause the countr" and its !eo!leha'e $een e;uall", if not more greatl", aggrie'ed $" the crimes #ith #hichthe !etitioner is charged for&

7/25/2019 PIL 1-6 CASES

2/7

PIL CASE DIGEST

Commission is a s!ecial militar" tri$unal and that the rules as to !arties andre!resentation are not go'erned $" the rules of court $ut $" the 'er"!ro'isions of this s!ecial la#&

#2 CO KIM CHAM V VALDEZ TAN KEH

Facts of the case=Co Kim Chan had a !ending ci'il case, initiated during the a!aneseoccu!ation, #ith the Court of First Instance of %anila& After the Li$eration ofthe %anila and the American occu!ation, udge Arsenio Di:on refused tocontinue hearings on the case, sa"ing that a !roclamation issued $" GeneralDouglas %acArthur had in'alidated and nulli>ed all 8udicial !roceedings and8udgments of the courts of the Phili!!ines and, #ithout an ena$ling la#,lo#er courts ha'e no 8urisdiction to ta?e cogni:ance of and continue 8udicial!roceedings !ending in the courts of the defunct /e!u$lic of the Phili!!ines

@the Phili!!ine go'ernment under the a!anese&

The court resol'ed three issues=2& 0hether or not 8udicial !roceedings and decisions made during thea!anese occu!ation #ere 'alid and remained 'alid e'en after the Americanoccu!ationB3& 0hether or not the )cto$er 35, 2 !roclamation %acArthur issued in#hich he declared that 6all la#s, regulations and !rocesses of an" othergo'ernment in the Phili!!ines than that of the said Common#ealth are nulland 'oid and #ithout legal e9ect in areas of the Phili!!ines free of enem"occu!ation and control7 in'alidated all 8udgments and 8udicial acts and

!roceedings of the courtsB5& And #hether or not if the" #ere not in'alidated $" %acArthur.s!roclamation, those courts could continue hearing the cases !ending $eforethem&

/atio=Political and international la# recogni:es that all acts and !roceedings of ade facto go'ernment are good and 'alid& The Phili!!ine E(ecuti'eCommission and the /e!u$lic of the Phili!!ines under the a!aneseoccu!ation ma" $e considered de facto go'ernments, su!!orted $" themilitar" force and deri'ing their authorit" from the la#s of #ar&

%unici!al la#s and !ri'ate la#s, ho#e'er, usuall" remain in force unlesssus!ended or changed $" the con;ueror& Ci'il o$edience is e(!ected e'enduring #ar, for 6the e(istence of a state of insurrection and #ar did notloosen the $onds of societ", or do a#a" #ith ci'il go'ernment or the regularadministration of the la#s& And if the" #ere not 'alid, then it #ould not ha'e$een necessar" for %acArthur to come out #ith a !roclamation a$rogatingthem&The second ;uestion, the court said, hinges on the inter!retation of the

7/25/2019 PIL 1-6 CASES

3/7

PIL CASE DIGEST

!hrase 6!rocesses of an" other go'ernment7 and #hether or not he intendedit to annul all other 8udgments and 8udicial !roceedings of courts during thea!anese militar" occu!ation&IF, according to international la#, non-!olitical 8udgments and 8udicial!roceedings of de facto go'ernments are 'alid and remain 'alid e'en after

the occu!ied territor" has $een li$erated, then it could not ha'e $een%acArthur.s intention to refer to 8udicial !rocesses, #hich #ould $e in'iolation of international la#&A #ell-?no#n rule of statutor" construction is= 6A statute ought ne'er to $econstrued to 'iolate the la# of nations if an" other !ossi$le constructionremains&7Another is that 6#here great incon'enience #ill result from a !articularconstruction, or great mischief done, such construction is to $e a'oided, orthe court ought to !resume that such construction #as not intended $" thema?ers of the la#, unless re;uired $" clear and une;ui'ocal #ords&7Annulling 8udgments of courts made during the a!anese occu!ation #ould

clog the doc?ets and 'iolate international la#, therefore #hat %acArthur saidshould not $e construed to mean that 8udicial !roceedings are included in the!hrase 6!rocesses of an" other go'ernments&7In the case of 1S 's /eiter, the court said that if such la#s and institutionsare continued in use $" the occu!ant, the" $ecome his and deri'e their forcefrom him& The la#s and courts of the Phili!!ines did not $ecome, $" $eingcontinued as re;uired $" the la# of nations, la#s and courts of a!an&It is a legal ma(im that, e(ce!ting of a !olitical nature, 6la# once esta$lishedcontinues until changed $" some com!etent legislati'e !o#er& IT IS *)TCA*GED %E/EL

7/25/2019 PIL 1-6 CASES

4/7

PIL CASE DIGEST

5& Since the la#s remain 'alid, the court must continue hearing the case!ending $efore it&HHH5 ?inds of de facto go'ernment= one esta$lished through re$ellion @go'tgets !ossession and control through force or the 'oice of the ma8orit" andmaintains itself against the #ill of the rightful go'ernment

through occu!ation @esta$lished and maintained $" militar" forces #hoin'ade and occu!" a territor" of the enem" in the course of #arB denoted asa go'ernment of !aramount forcethrough insurrection @esta$lished as an inde!endent go'ernment $" theinha$itants of a countr" #ho rise in insurrection against the !arent state

#3 MEJOFF V DIRECTOR OF PRISONSFacts

7/25/2019 PIL 1-6 CASES

5/7

PIL CASE DIGEST

Facts

)n A!ril 2, 2, the Phili!!ine Go'ernment re!resented $" its Secretar" ofthe De!artment of Trade and Industr" signed the Final Act $inding thePhili!!ine Go'ernment to su$mit to its res!ecti'e com!etent authorities the

0T) @0orld Trade )rgani:ation Agreements to see? a!!ro'al for such& )nDecem$er 2, 2, /esolution *o& J #as ado!ted $" the Phili!!ine Senateto ratif" the 0T) Agreement&This is a !etition assailing the constitutionalit" of the 0T) agreement as it'iolates Sec 2, Article II, !ro'iding for the de'elo!ment of a self reliant andinde!endent national econom", and Sections 2 and 23, Article II, !ro'idingfor the 6Fili!ino >rst7 !olic"&

Issue

0hether or not the /esolution *o& J ratif"ing the 0T) Agreement is

unconstitutional

/uling

The Su!reme Court ruled the /esolution *o& J is not unconstitutional& 0hilethe constitution mandates a $ias in fa'or of Fili!ino goods, ser'ices, la$orand enter!rises, at the same time, it recogni:es the need for $usinesse(change #ith the rest of the #orld on the $ases of e;ualit" and reci!rocit"and limits !rotection of Fili!ino interests onl" against foreign com!etition andtrade !ractices that are unfair& In other #ords, the Constitution did not intendto !ursue an isolationalist !olic"& Furthermore, the constitutional !olic" of a

6self-reliant and inde!endent national econom"7 does not necessaril" ruleout the entr" of foreign in'estments, goods and ser'ices& It contem!latesneither 6economic seclusion7 nor 6mendicanc" in the internationalcommunit"&7The Senate, after deli$eration and 'oting, ga'e its consent to the 0T)Agreement there$" ma?ing it 6a !art of the la# of the land7& The Su!remeCourt ga'e due res!ect to an e;ual de!artment in go'ernment& It !resumesits actions as regular and done in good faith unless there is con'incing !roofand !ersuasi'e agreements to the contrar"& As a result, the rati>cation of the0T) Agreement limits or restricts the a$soluteness of so'ereignt"& A treat"engagement is not a mere o$ligation $ut creates a legall" $inding o$ligation

on the !arties& A state #hich has contracted 'alid international o$ligations is$ound to ma?e its legislations such modi>cations as ma" $e necessar" toensure the ful>llment of the o$ligations underta?en&

#6 LIM ET. AL V EXEC. SEC

FACTS=

7/25/2019 PIL 1-6 CASES

6/7

PIL CASE DIGEST

7/25/2019 PIL 1-6 CASES

7/7

PIL CASE DIGEST

1nder these aus!ices, the FA gi'es legitimac" to the current