Question & AnswerQ&A (EXECUTIVE ORDER NO. 68)
The purpose is to establish a National War Crimes Office charged with the speedy trial of all Japanese accused of war crimes committed in the Philippines during World War II and to prescribe the rules and regulations governing such trials.
The National War Crimes Office is established within the Office of the Judge Advocate General of the Army of the Philippines and functions under its direction, supervision and control.
Military commissions shall be convened by, or under the authority of, the President of the Philippines.
The military commissions have jurisdiction over all persons charged with war crimes who are in the custody of the convening authority at the time of trial. They also have jurisdiction over all offenses such as planning or waging war of aggression, violations of laws or customs of war, and inhuman acts against civilian populations or prisoners.
Members are appointed by the President or by authority delegated by him. They must be competent and free from personal interest or prejudice, and a specially qualified member is designated as the law member with the final say on evidentiary rulings.
Each commission shall consist of not less than three (3) members.
Conviction and sentence require the affirmative vote of not less than two-thirds (2/3) of the members present.
The accused has the right to receive a copy of the charges in advance, have counsel of choice or appointed, testify in his own behalf, present evidence, cross-examine witnesses, and have proceedings translated if necessary.
The commission may admit any evidence it finds probative, including official documents without signature proof, reports from Red Cross or medical personnel, affidavits, letters, diaries, copies of unavailable originals, and judicial notice of official documents and common knowledge.
Penalties include death by hanging or shooting, imprisonment for life or for any term, fines, or other punishments deemed proper by the commission.
All sentences must be approved by the Chief of Staff; death or life imprisonment sentences require confirmation by the President of the Philippines before execution.
Trials are conducted with public sessions, reading of charges in open court, pleading by the accused, presentation of prosecution’s and defense’s evidence, cross-examination, and final deliberation by the commission often followed by announcement of the judgment and sentence in open court.
The Chief of Staff can approve, mitigate, remit, commute, suspend, reduce, or otherwise alter sentences, or remand the case for rehearing, but cannot increase the severity of the sentence.
No, following orders is not a defense but may be considered as mitigation if the commission deems it just.
An amount of seven hundred thousand pesos (P700,000.00) is set aside for the operation of the National War Crimes Office.