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Yamashita vs. Styer [ SEPARATE OPINION OZAETA, J. ]

TOMOYUKI YAMASHITA, petitioner, vs. WILHELM D. STYER, Commanding General, United States Army Forces, Western Pacific, respondent. [ SEPARATE OPINION OZAETA, J. ]

G.R. No. L-129 | 1945-12-19

SEPARATE OPINION

OZAETA, J., concurring and dissenting: 

I concur in the dismissal of the petition for habeas corpus and prohibition on the ground that the Military Commission trying the petitioner has been legally constituted, and that such tribunal has jurisdiction to try and punish the petitioner for offenses against the law of war. (Ex parte Quirin, 317 U. S., 1; 63 Sup. Ct., 2.) 

I dissent, however, from that portion of the opinion of the Court which cites and applies herein its decision in the case of Raquiza vs. Bradford (pp. 50, 61, ante), to the effect that an attempt of our civil courts to exercise jurisdiction over the...