"HKWWH CONGRESS OF THE FZPUBLIC 
First Regular Session 
OF THEPHILIPPINES 
EXPLANATORY NOTE 
Social justice and human rights are the cornerstones of the 1987 Philippine 
Constitution. 
Impressed in the fundamental law is the tenet, "[tlhe Congress shall give 
highest priority to the enactdent of measures that protect and enhance the right of all the 
people to human dignity, reduce social, economic, and political inequalities, and remove 
cultural inequities by equitably dfising wealth and political power for the common good." 
(Article Xm, Section 1). 
The said provision is complemented by the mandate that the 
adoption of appropriate legal measures for the protection of human rights of all persons 
within the Philippines is of premier significance. Apropos to the same is the due recognition 
accorded to human rights when the supreme law of the land expressly created an independent 
office called the Tornmission on Human Rights." 
Events in the past have focused on the so-called "salvaging of suspected criminal 
elements." This practice of "sumary extrajudicial execution" by members of the police 
force and other law enforcement agencies of persons perceived by them to be notorious 
criminds, 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, therefore, seeks to define the liability of the department heads of the 
agencies 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. It is believed that where such principle of command responsibility is impressed 
upon the minds of the heads of these various law enforcement agencies of government, 
hopeklly the summary executions of citizens will be greatly minimized, if not totally avoided. 
j 
The immediate approval of this measure is earnestly sought. 


THIRTEBNTH CONGRESS OF THE 
First Regular Session 
MPUBLIC OF THE PHILIPPINES 
SENATE 
117'7 
$,No. 
AN ACT 
DEFINING THE LIABILITY OF HEADS OF DEPARTMENTS CONCERNED FOR 
GROSS VIQLATIONS OF HUMAN RIGHTS COMMITTED BY MEMBERS OF 
THE PlFzILIppINE NATIONAL POLICE OR OTEI[ER LAW ENFORCEMENT 
AGENCXES 
Be it enacted by the Senate aHd the House of Representatives of the Fhil@pifies in 
Congress assembled; 
SECTION 1. It is a declared policy of the State that law enforcement officers must be 
demonstrably sensitive to and respectfit1 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 (PW) 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 &er its complete publication in the 
OflciaZ Gazette or in at least two (2) newspapers of general circulation, whichever comes 
earlier. 
Approved,