Constitutional Law. Political Law.

Fundamental Principles and State Policies. Article II, Section 2. Incorporation Clause.
KURODA v. JALANDONI
42 O.G. 4282
FACTS:
Shigenori Kuroda, a former Lieutenant-General of the Japanese Imperial Army, is charged before a military
commission of the Armed Forces of the Philippines. He seeks to establish the illegality of EO 68 on the grounds that
it violates our Constitution and that the petitioners are not charged of crimes based on law since the Philippines is not
a signatory to the Hague Convention on Rules and Regulations covering Land Warfare.
ISSUE:
1) Whether or not EO 68 is unconstitutional; and
2) Whether or not Kuroda may be charged for violation of Hague Convention’s rules and regulations
HELD:
Executive Order 68, establishing a National War Crimes Office is valid and constitutional. The president has acted in
conformity with the generally accepted policies of international law which are also part of the Constitution pursuant to
the incorporation clause stipulated in Section 2, Article II of the Constitution. The rules and regulation of Hague
Convention form part of and are wholly based on generally accepted principles of international law and were even
accepted by the United States and Japan for they are signatories to said convention. Such rules and regulations
therefore form part of the law of the Philippines regardless of whether or not it was a signatory to the same. Thus,
Kuroda may be charged for violation of its rules and regulations.

Lessons Applicable: characteristics of human rights, constitutional guarantee that no person shall be deprived of
liberty without due process of law
Laws Applicable: Bill of Rights
MEJOFF v. DIRECTOR OF PRISONS
90 Phil. 70 (1951)
FACTS:
Boris Mejoff, an alien of Russian descent who was brought to this country from Shanghai as a secret operative by the
Japanese forces during the latter's regime in these Islands.
He was arrested on March 18, 1948 as a Japanese spy, by U. S. Army Counter Intelligence Corps. and later there
was an order for his release.
But on April 5, 1948, the Board of Commissioners of Immigration declared that Mejoff had entered the Philippines
illegally in 1944 and ordered that he be deported on the first available transportation to Russia.
He was transferred to Cebu Provincial Jail and then Bilibid Prison at Muntinlupa on October, 1948.
He then filed a petition for writ of habeas corpus on the basis that too long a detention may justify the issuance of a
writ of habeas corpus
ISSUE: W/N the writ of habeas corpus should be granted since he was detained longer than a reasonable time
HELD: NO. Denied.
The meaning of "reasonable time" depends upon the circumstances, specially the difficulties of obtaining a passport,
the availability of transportation, the diplomatic arrangements concerned and the efforts displayed to send the
deportee away.
Considering that this Government desires to expel the alien, and does not relish keeping him at the people's
expense, we must presume it is making efforts to carry out the decree of exclusion by the highest officer of the land.
On top of this presumption assurances were made during the oral argument that the Government is really trying to
expedite the expulsion of this petitioner.
On the other hand, the record fails to show how long he has been under confinement since the last time he was
apprehended. Neither does he indicate neglected opportunities to send him abroad. And unless it is shown that the
deportee is being indefinitely imprisoned under the pretense of awaiting a chance for deportation or unless the
Government admits that it cannot deport him or unless the detainee is being held for too long a period our courts will
not interfere.
Nevertheless, supposing such precedents apply in this jurisdiction, still we have no sufficient data fairly to fix a
definite deadline.
PERFECTO, J., dissenting: The constitutional guarantee that no person shall be deprived of liberty without due
process of law has been intended to protect all inhabitants or residents who may happen to be under the shadows of
Philippine flag.
Labels: 1949, Case Digest, characteristics of human rights, G.R. No. L-2855, human rights, human rights law, human
rights law case digest, July 30, mejoff v. director of prisons, universal.

Luke 1:46-55English Standard Version (ESV)

Mary's Song of Praise: The Magnificat
46 And Mary said,
“My soul magnifies the Lord,
47 and my spirit rejoices in God my Savior,
48 for he has looked on the humble estate of his servant.
For behold, from now on all generations will call me blessed;
49 for he who is mighty has done great things for me,
and holy is his name.
50 And his mercy is for those who fear him
from generation to generation.
 51 He has shown strength with his arm;
he has scattered the proud in the thoughts of their hearts;
52 he has brought down the mighty from their thrones
and exalted those of humble estate;
53 he has filled the hungry with good things,
and the rich he has sent away empty.
54 He has helped his servant Israel,
in remembrance of his mercy,
55 as he spoke to our fathers,
to Abraham and to his offspring forever.”