FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
S.B. NO. 2608 
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INTRODUCED BY SENATOR VILLAR 
EXPLANATORY NOTE 
The maxim "A Public Office is a Public Trust" carries great weight and 
imply sense of duty and responsibility. The higher is the office, the greater is the 
authority or power and the misuse or abuse of this power is not only a gross breach 
of trust but also a crime against the people. 
. 
Command responsibility as a concept has been clearly defined and adhered 
to as a doctrine under public international law especially with the creation of the 
International Criminal Court (ICC). Under the pertinent provisions of the Rome 
Statute, the ICC aims to combat impunity for war crimes, crimes against humanity 
and genocide. The adoption of the' generally accepted principles of ihternational 
. law as part of the laws of the land pursuant to the Constitution makes the doctrine 
of command responsibility an essential part of our laws in consonance with a 
recognized international commitment. 
The issue of human rights violations in the country has been a subject of 
great concern. As reported by the U.S. State Department in its 2006 report, our 
very own security forces have been pointed to as responsible for serious human 
rights abuses despite the efforts of civilian authorities specially the Commission of 
Human Rights to control them. In making the officers of our armed services liable 
for crimes committed by their subordinates with their knowledge and acquiescence 
shall prevent further violations of human rights and perpetration of enforced 
disappearances and extrajudicial killings. 
The principle and practice of command responsibility must be 
institutionalized into our political system pursuant to the fundamental law, existing 
rules and the generally accepted principles of public international law. For this 
purpose, this bill provides for a legal basis to make government officials culpable 
for the acts of their subordinates and provides for a vinculum for government 
officials to be called to account for their acts, especially murders committed to 
silence political opposition and journalists. 
In view of the foregoing, the passage of this bill is earnestly sought in order 
to address the need of our people for justice and accountability under a strong and 
living democracy. 
MAN 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S.B. NO. 2608 
INTRODUCED BY SENATOR VILLAR 
AN ACT 
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NOV 22 . P 5 :41 
PROVIDING A FRAMEWORK FOR THE OBSERVANCE OF 
COMMAND RESPONSIBILITY IN GOVERNMENT SERVICE 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
Sec. 1. Declaration of Policy. -It shall be the policy of the State: 
A. To uphold the Constitutional principle that public office is a public trust; 
B. To implement the basic Constitutional premise that public employees 
must at all times be accountable to the people, serve them with utmost 
responsibility, integrity, loyalty and efficiency, and act with patriotism 
and justice; and 
C. To make public officials and superiors accountable for the acts of their 
subordinates under the principle of Command Responsibility. 
Sec. 2. Definition of Terms. -The following terms shall mean: 
A. Command Responsibility - is the responsibility of an official or 
superior for crimes or offenses committed by their subordinates subject 
to their effective control or supervision or which their subordinates were 
about to commit or have committed, and such official or superior did 
not take measures to prevent such commission of crimes or offenses, or 
having learned about such crimes or offenses did not act to prevent and 
punish the offending subordinates. 
B. Official/Superior - is the person who has actual powers to exercise 
effective control over the actions of their subordinates considering their 
position, their capacity to issue orders, the procedure for appointment; 
and the tasks that their subordinates are performing; and that they have 
the material ability to prevent and punish criminal acts of their 
subordinates. The control may be de jure or de facto and the 
official/superior may be military or civilian. 


C. Subordinate - is the person or persons under the effective control of the 
official/superior. 
Sec. 3. Scope. - This law shall apply to all employees of the government whether 
in the Executive, Legislative and Judicial branches, Constitutional Commissions 
and all government owned and controlled corporations. 
Sec. 4. Application of Command Responsibility. - Any government official or 
superior shall be responsible for the crimes or offenses committed by their 
subordinates in relation to their function or office if the official or superior has 
knowledge that a crime will be committed or has been. committed by their 
subordinate and, despite such knowledge, did not take any measures to prevent 
such commission of crimes or offense, and having learned about such crime or 
offense did not act to prevent and punish the offending subordinate. 
Sec. 5. Responsibility of Military Commanders and Superiors. -
A. A military officer or person effectively acting as a' military commander 
shall be criminally responsible for crimes committed by forces under 
their effective command and control, or effective authority and control 
as the case may be, as a result of their failure to exercise control 
properly over such forces, where: 
1. That military commander or person either knew or, owing to the 
circumstances at the time, should have known that the forces were 
committing or about to commit such crimes; and 
' 
2. That military commander or person failed to take all necessary and 
reasonable measures within his or her power to prevent or repress 
their commission or to submit the matter to the competent authorities 
for investigation and prosecution. 
B. With respect to superior and subordinate relationships not described in 
Section 5.A, a superior shall be criminally responsible for crimes 
committed by subordinates under his or her effective authority and 
control, as a result of his or her failure to exercise control properly over 
such subordinates, where: 
1. The superior either knew, or consciously disregarded information 
which clearly indicated, that the subordinates were committing or 
about to commit such crimes; 
2. The crimes concerned activities that were within the effective 
responsibility and control of the superior; and 
3. The superior failed to take all necessary and reasonable measures 
within his or her power to prevent or repress their commission or to 
submit the matter to the competent authorities for investigation and 
prosecution 
Sec. 6. Penalties. -For violation of the acts stated in this Act, the following 
penalties may be imposed: 


A. Imprisonment for a specified number of years, which may not exceed a 
maximum of twenty (20) years; or 
B. Forfeiture of proceeds, properties and assets derived directly or 
indirectly from the commission of the crime, without prejudice to the 
rights of bona fide third parties. 
Provided that, in all cases, the penalty provided shall carry with it the accessory 
penalty of perpetual disqualification from holding public office. 
Sec. 7. Implementing Rules and Regulations. - Within sixty (60) days from the 
effectivity of this Act, the necessary rules and regulations for the proper 
implementation of its provisions shall be formulated by the Department of Justice, 
jointly with the Armed Forces of the Philippines, Philippine National Police, Civil 
Service Commission and the Office of the Government Corporate Counsel. The 
said rules and regulations shall provide for the parameters underwhich the 
provisions ofthis Act shall be enforced. 
Sec. 8. Separability Clause. - If any part, section or provision of this Act shall be 
held invalid or unconstitutional, the other provisions shall not be affected thereby. 
Sec. 9. Repealing Clause. - All other acts, laws, executive orders, presidential 
issuances, rules and regulations or any part thereof which are inconsistent herewith 
are hereby deemed repealed or modified accordingly. 
Sec. 10. Effectivity Clause. -The provisions of this Act shall take effect fifteen 
(15) days from its publication in the Official Gazette or in at least two (2) national 
newspapers of general circulation. 
Approved,