Republic of the Philippines
HOUSE OF REPRESENTATIVES
CONGRESS OF THE PHILIPPINES
Quezon City, Metro Manila

FIFTEENTH CONGRESS

First Regular Session

946
House Bill No.

Introduced by Honorable REYNALDO V. UMALI

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. | 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 fo 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 tuming 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 In view thereof, early considefation and approval of this bill is earnestly
sought. 3

V. UMALI
Representative
Second District, Province of Oriental Mindoro


Republic of the Philippines
HOUSE OF REPRESENTATIVES
CONGRESS OF THE PHILIPPINES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

a ;
House Bill No.__“ 48

Introduced by Honorable REYNALDO V. UMALI

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 2010".

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 suchsenior
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 material 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.

li. Serious personal dereliction on the part of the superior as to constitute
willful and wanton disregard of the possible consequences.

ili, 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 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. 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.

(©) 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.

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 officers 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 (DOV), 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,