FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. No. 
~422 
f/ 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
There are quarters in our political system that succumb to the temptation of using their 
power and in the process undermine the system of justice and accountability just to remain in 
power and position. Many killings and disappearances of human rights activists and members of 
the media remain unsolved and allegations of military and police involvement in the crimes are 
being pointed out by many victims and witnesses. The continuing persistent deviation by any 
subordinate of a state agent cannot continue without the approval and acquiescence of his or her 
superior and this we cannot allow to continue. State agents like the members of the military, the 
police and other allied government security services should always adhere to our laws and when 
they commit a malfeasance, misfeasance and non-feasance and in the result violate the rights of 
the people. Thus, we should not allow impunity and it is imperative that we punish the most 
responsible for the crime or violation to prevent any possibility of a state turning against it own 
citizens by abusing its power using violence, intimidation and impunity. 
The entrenchment of the doctrine of superior responsibility in our laws is part of the 
administration of justice particularly on crimes and cases ofhurnan rights violation. This doctrine 
is in consonance with the constitutional mandate that in a republican system of government, 
public officers are vested with power to uphold the rule of law. In cases of breach by their 
subordinates, they would also be held accountable for their acts and answerable to the people for 
such breach of mandate and responsibility to clearly draw the lines of accountability and 
responsibility. 
Hence, this bill seeks to strengthen the application of the doctrine of command 
responsibility in our criminal laws and punish those who are most responsible for gross human 
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rights violation and avoid "blank wall" conclusions in investigations, of the same, thereby ending 
impunity in such cases. 
This bill was originally filed by President Benigno S. Aquino III during the Fourteenth 
Congress. 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. No. 2422 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
ADOPTING THE DOCTRINE OF "SUPERIOR RESPONSIBILITY" 
IN ALL ACTIONS INVOLVING MILITARY PERSONNEL, MEMBERS OF 
THE PHILIPPINE NATIONAL POLICE AND OTHER CIVILIANS 
INVOLVED IN LAW ENFORCEMENT 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "Superior Responsibility Act". 
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SECTION 2. Declaration of Policy. - It is a declared policy of the State that a public 
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office is a public trust and that public officers and employees must at all times be accountable to 
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the people and serve them with utmost responsibility. It is also declared as a policy that 
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accountability is a key component in good governance and is a cornerstone of any democratic 
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society. To this end, public officials and employees should be held liable for abuse of power 
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when they arrogate authority unto themselves. It is also declared that state instruments should 
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not be used to violate the rights of the people, since the goverument exists for their betterment 
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and protection. Towards this end, a high degree of professionalism, responsibility and 
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accountability must be imposed on superiors and senior officers of goverument who has control 
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and supervision over the military, the police and their allied services, and hold such superior and 
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senior officers, who by their consent, toleration or negligence in the control and supervision of 
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their subordinates, the citizens whom they vowed to protect, become their victims. 
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SECTION 3. Definition of Terms. - As used in this Act, the term: 
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a. "Superior responsibility" refers to the responsibility and accountability of a public 
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officer who has administrative and operational control over the security and police forces 
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including other allied government security services who have direct or effective control over the 
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acts of his or her subordinates if such senior or superior officer has knowledge that a crime or 
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offense punishable under the Revised Penal Code and other special penal laws or any human 
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rights violation, has been committed, is being committed, or shall be committed by his or her 
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subordinates, or by others and despite such knowledge, such senior or superior officer did not 
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take corrective action either before, during or immediately after its commission and failed to 
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prevent any feasible measure within his powers to prevent the breach; 
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b. "Superior" refers to a person exercising effective control over his/ her subordinates. 
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c. "Effective control" refers to the matedal ability of a superior to control the actions of 
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his/her subordinates in preventing and/or or punishing a criminal conduct. 
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d. "Knowledge" refers to the awareness that the relevant crimes or violation were 
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committed or are about to be committed. It could take in the following forms: 
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I. Actual knowledge 
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ii. Serious personal dereliction on the part of the superior as to constitute willful and 
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wanton disregard of the possible consequences. 
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iii. An imputation of constructive knowledge that is, despite pleas to the contrary, the 
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superior, under the facts and circumstances of the particular case, must have known 
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of the crimes committed and charged and acquiesced therein. 
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SECTION 4. Persons Covered. ~ This Act shall cover the following: 
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(a) Superior civilians who has administrative and operational control of the following 
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government offices: 
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l. AFP and its component units including the CAFGUs. 
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2. Department of National Defense 
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3. National Security Council 
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4. Philippine National Police 
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5. Bureau ofJail Management 
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6. Bureau of Corrections 
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7. Bureau of Fire Protection 
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8. Philippine Coastguard 
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9. National Bureau of Investigation 
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10. Other government offices involved in law enforcement which may be created by law. 
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Provided that they have direct knowledge of any crime and human rights violation by 
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reason of his or her office, which consciously disregarded information on such violation by their 
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subordinates. 
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(b) All officers and their subordinates m active service of the Armed Forces of the 
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Philippines. 
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(c) All officers and subordinates of the Philippine National Police. 
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SECTION 5. Acts covered. - Any act or crime punishable under the Revised Penal Code 
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(Act 3815) other special penal laws, as well as the Articles of War (Commonwealth Act 408) are 
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hereby covered. 
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SECTION 6. Elements of Command Responsibility. - The following elements must be 
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proven in order for a superior to incur responsibility under this Act: 
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1. The existence of a relationship of superiority and subordination between the superior 
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and the perpetrator of the underlying crime or violation. 
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2. An effective control on the part of the superior within his jurisdiction and he or she 
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exercised feasible measures in all circumstances and are within his or her power. 
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3. The knowledge of the superior that his or her subordinate had committed or about to 
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commit the crime 
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4. The superior failed to prevent the commission of the crime, the investigation thereof 
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or to punish the perpetrator 
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SECTION 7. Presumption of Knowledge. - Senior or Superior Officers are presumed to 
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have knowledge of the commission of irregularities or crimes committed by his or her 
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subordinates herein provided in any ofthe following circumstances: 
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a) When the acts or crimes are committed in a widespread manner within his or her area 
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of jurisdiction; 
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b) When the said acts or crime have been repeatedly or regularly committed within his or 
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her area ofresponsibility; or 
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c) When members of his immediate staff, offIce personnel or command are involved or 
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implicated. 
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SECTION 8. Liability. - Senior or superior officers found to be accountable under the 
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doctrine of superior responsibility under this Act shall be administratively, civilly and criminally 
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liable as a principal as defined under Act No. 3815 or the Penal Code, Article 17, and shall suffer 
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the penalty provided for the crimes committed by his or her subordinates, as provided by the 
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Revised Penal Code and other special penal laws. 
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SECTION 9. Implementing Rules and Regulations. -
The Department of National 
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Defense (DND), in coordination with the Department of Justice (DOI), the Department of 
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Interior and Local Govemment, the Commission on Human Rights and the President of the 
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Integrated Bar of the Philippines (IBP), and the UP Law Center shall promulgate the necessary 
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implementing rules and regulations of this act within thirty (30) days after the passage of this 
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Act. 
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SECTION 10. Separability Clause. - If any provision of this Act shall be declared 
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unconstitutional, any other provision not affected thereby shall remain in full force and effect. 
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SECTION 11. Repealing Clause. - All laws, decrees, orders, rules and regulations, or 
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parts thereof inconsistent with this Act are hereby repealed or amended accordingly. 
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SECTION 12. Effectivity. -
This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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