FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 1228 
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INTRODUCED BY SEN. MANNY VILLAR 
EXPLANATORY NOTE 
The practice of "summary extrajudicial execution" by members of the police force 
and other law enforcement agencies of persons perceived by them to be notorious 
criminals has been going on for so long a time and it seems to be a part of the standard 
operating procedures of these law enforcers. As a democratic state, ours is supposed to 
be a government of laws and thus, the right to due process guaranteed under the 
Constitution must be upheld and enforced at all times. 
This bill seeks to define the liability of the department heads of the agenci{'ls 
concerned for acts committed by their subordinates. 
Accordingly, where gross 
violations of human rights are committed by law enforcers, their superiors, extending up 
to the level of department head, shall be jointly' liable with the offending officers for 
purposes of criminal prosecution. 
In applying the principle of command responsibility, the burden must rest on 
these superiors to prove that they have taken conscientious measures to prevent such 
violations of human rights. 
Where such principle of command responsibility is 
impressed upon the minds of the heads of these various law enforcement agencies of 
government, it is expected that the summary executions of citizens will be greatly 
minimized, if not totally avoided. 
The immediate approval of this measure is earnestly sought. 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
10 JUl 12 .p 2 :03 
SENATE 
Senate Bill No. 1228 
INTRODUCED BY SEN. MANNY VILLAR 
AN ACT 
DEFINING THE LIABILITY OF HEADS OF DEPARTMENTS 
CONCERNED FOR GROSS VIOLATIONS OF HUMAN RIGHTS 
COMMITTED BY MEMBERS OF THE PHILIPPINE NATIONAL POLICE 
OR OTHER LAW ENFORCEMENT AGENCIES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. It is a declared policy of the State that law enforcement officers 
must be demonstrably sensitive to and respectful of the human rights of citizens and 
that the heads of such agencies must take every precaution to prevent such violations 
which pit the powers of the State against defenseless citizens. This is especially true of 
extra-judicial executions entailing the use of stealth and overwhelming force. 
In 
applying the principle of command responsibility, the burden must rest on the heads of 
departments concerned to show that they have taken conscientious measures to 
prevent such violations and breakdowns of discipline. 
SEC. 2. In cases where gross violations of human rights are committed by 
members of the Philippine National Police (PNP) or other law enforcement agencies, 
the principle of command responsibility shall apply. 
SEC. 3. Accordingly the superiors of the offenders, extending to the level of the 
heads of department concerned shall be held jointly liable with the offending officers for 
purposes of criminal prosecution. 
SEC. 4. Material witnesses as may be determined by the prosecutor or the court 
shall be placed immediately and without further proceedings under the Witness 
Protection Program of the Government. 
SEC. 5. All laws, decrees, orders, rules and regulations, or parts thereof which 
are inconsistent with any provision of this Act are hereby deemed repealed or amended 
accordingly. 
SEC. 6. This Act shall take effect fifteen (15) days after its complete publication 
in the Official Gazette or in at least two (2) newspapers of general circulation, whichever 
comes earlier. 
Approved, 
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