* .  
FOURTEENTHCONGRESSOFTHEREPUBLIC 
1 
First Regular Session 
1 8 f \ [ K  1’; 
‘/I/ 
OF THE PHILIPPINES 
SENATE 
Introduced by Senator Benigno S. Aquino I11 
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. I t  has also been 
observed lately that many killings and disappearances of human rights activists 
and members of the media are still unsolved up to this time 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. For this 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 of human 
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. 
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. 
For the foregoing, the passage of this bill is earnestly sought. 
BENIGN 
?a?= 
S. A UINO I11 


FOURTEENTH CONGRESS OF THE REPUBLIC 
1 
First Regular Session 
1 
OF THE PHILIPPINES 
:$ 
Rti? 15 
I t  8 
SENATE 
S. No. 2159 
Introduced by Senator Benign0 S. Aquino I11 
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 ‘‘%penor Responsibility 
Act of 2008. 
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 I t  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 
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b. 
C. 
d. 
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 
Superior is a person exercising effective control over his/ her 
subordinates. 
Effective control means the material ability of a superior to 
control the actions of his/her subordinates in preventing and/or 
or punishing a criminal conduct. 
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. 
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. 
iii. 
SEC. 4. Persons Covered - This Act shall cover the following: 
(a) Superior civilians who has administrative and operational control 
of the following government offices: 
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. 
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. 
Other government offices involved in law enforcement 
(b) All officers and their subordinates in active service of the Armed 
Forces of the Philippines. 
(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. 
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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 
Officer/s 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 said 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.lO. 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. 
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Approved, 
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