; 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No, 1551 
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INTRODUCED BY SEN, JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The entrenchment of the doctrine of superior responsibility in our laws is 
part of the administration of justice particularly on crimes and cases of human 
rights violation. This doctrine is in consonance with the constitutional mandate 
that in a republican system of govemment, 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. 
In connection with the .. above mentioned principle, 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 rights 
violation and avoid "blank wall" conclusions in investigations, of the same, thereby 
ending impunity in such cases. 
The passage of this bill is hereby earnestly sought. 
OY EJERCITO ESTRADA 
Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
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Senate Bill No. _1_5_5_1_' 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
ADOPTING THE DOCTRINE OF "SUPERIOR RESPONSIBILITY" TO 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: 
SECTION 1. This Act shall be known as the "Superior Responsibility Act 
of 2013". 
SEC. 2. Declaration of Policy -It is a declared' policy of the State that a 
public office is a public trust and that public officers and employees must at all 
times be accountable to the people and serve them with utmost responsibility. It is 
also declared as a policy that accountability is a key component in good 
governance and is a cornerstone of any democratic society. To this end, public 
officials and employees should be held liable for abuse of power when they 
arrogate authority unto themselves. 
It is also declared that state instruments 
should not be used to violate the rights of the people, since the government exists 
for their betterment and protection. Towards this end, a high degree of 
profeSSionalism, responsibility and accountability must be imposed on superiors 
and senior officers of government who has control and supervision over the 
military, the police and their allied services, and hold such superior and senior 
officers, who by their consent, toleration or negligence in the control and 
supervision of their subordinates, the citizens whom they vowed to protect, 
become their victims. 
SEC. 3. Definition of Terms -
a) Superior responsibility is defined as the responsibility and accountability of 
a public officer who has administrative and operational control over the 
security and police forces including other allied government security 
services who have direct or effective control over the acts of his or her 
subordinates if such senior or superior officer has knowledge that a crime 
or offense punishable under the Revised Penal Code and other special 
penal laws or any human rights violation, has been committed, is being 
committed, or shall be committed by his or her subordinates, or by others 
and despite such knowledge, such senior or superior officer did not take 
corrective action either before, during or immediately after its commission 


.
and failed to prevent any feasible measure within his powers to prevent the 
breach 
b) Superior is a person exercising effective control over his/ her subordinates., 
c) Effective control meanS the m'aterial ability of a superior to control the 
actions of his/her subordinates in preventing and/or or punishing a criminal 
conduct. 
d) Knowledge in this context is defined as the awareness that the relevant 
crimes or violation were committed or are about to be committed. It could 
take in the following forms: 
i. 
Actual knowledge 
ii. Serious personal dereliction on the part of the superior as to 
constitute willful and 
wanton disregard 
of the possible 
consequences. 
iii. An imputation of constructive knowledge, that is, despite pleas to 
the contrary, the superior, under the facts and circumstances of 
the particular case, must have known of the crimes committed 
and charged and acquiesced therein. 
SEC. 4. Persons Covered -This Act shall cover the following: 
(a) Superior civilians who has administrative and operational control of the 
following government offi.ces: 
1. AFP and its component units including the CAFGUs. 
2. Department of National Defense 
3. National Security Council 
4. Philippine National Police 
5. Bureau of Jail Management 
6. Bureau of Corrections 
7. Bureau of Fire Protection 
8. Philippine Coastguard 
9. National Bureau of Investigation 
10. Other government offices involved in law enforcement which may be 
created by law Provided that they have direct knowledge of any 
crime and human rights violation by reason of his or her office, 
which consciously disregarded information on such violation by their 
sUbordinates. 
(b) All officers and their subordinates in active service of the Armed Forces of 
the Philippines. 
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, 
(c) All officers and subordinates of the Philippine National Police. 
SEC. 5. Acts Covered -Any act or crime punishable under the Revised Penal 
Code (Act 3815) other special penal laws, as well as the Articles of War 
(Commonwealth Act 408) are hereby covered. 
SEC. 6. Elements of Command Responsibility. The following elements 
must be proven in order for a superior to incur responsibility under this Act: 


· , 
1. The existence of a relationship of superiority and subordination between 
the superior and the perpetrator of the underlying crime or violation. 
2. An effective control on the part of the superior within his jurisdiction and he 
or she exercised feasible measures in all circumstances and are within his 
or her power. 
3. The knowledge of the superior that his or her subordinate had committed 
or about to commit the crime. 
4. The superior failed to prevent the commission of the crime, the 
investigation thereof or to punish the perpetrator 
SEC. 7. Presumption of Knowledge -Senior or Superior Officerls are 
presumed to have knowledge of the commission of irregularities or crimes 
committed by his or her subordinates herein provided in any of the following 
circumstances: 
a) When the acts or crimes are committed in a widespread manner within his 
or her area of jurisdiction; 
b) When the s;lid acts or crime have been repeatedly or regularly committed 
within his or her area of responsibility; or 
c) When members of his immediate staff, office personnel or command are 
involved or implicated. 
SEC. 8. Liability -Senior or superior officerls found to be accountable under 
the doctrine of superior responsibility under this Act shall be administratively, 
civilly and criminally liable as a prinCipal as defined in Art. 17 of Act 3815 (Revised 
Penal Code) and shall suffer the penalty provided for the crimes committed by his 
or her subordinates, as provided by the Revised Penal Code and other special 
penal laws. 
SEC. 9. Implementing Rules and Regulations -The Department of National 
Defense (DND), in coordination with the Department of Justice (DOJ), the 
Department of Interior and Local Government, the Commission on Human Rights 
and the President of the Integrated Bar of the Philippines (IBP), and the UP Law 
Center shall promulgate the necessary implementing rules and regulations of this 
act within thirty (30) days after the passage of this Act. 
SEC. 10. Separability Clause. -If any provision of this Act shall be declared 
unconstitutional, any other prOVision not affected thereby shall remain in full force 
and effect. 
SEC. 11. Repealing Clause. -All laws, decrees, orders, rules and regulations, 
or parts thereof inconsistent with this Act are hereby repealed or amended 
accordingly. 
SEC. 12. Effectivity. -This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved,