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* .F O U R T E E N T H C O N G R E S S O F T H E R E P U B L I C 1F i r s t R e g u l a r Session 1 8 f \ [ K 1 ; / I /F T H E P H I LI PP IN E S

S E N A T E

I n t r o d u c e d by S e n a t o r B e n i g n o S. A qu in o I11

EXPLANATORY NOTEThere are quarters in our political system that succumb to the

temptation of using their power and in the process undermine the system ofjustice and accountability ju st to remain in power and position. I t ha s also beenobserved lately tha t many killings and disappearances of human rights activistsand members of the media are still unsolved up to this time and allegations ofmilitary and police involvement in the crimes are being pointed out by manyvictims and witnesses. The continuing persistent deviation by any subordinateof a state agent cannot continue without the approval and acquiescence of hisor her superior and this we cannot allow to continue. State agents like themembers of the military, the police and other allied government securityservices should always adhere to our laws and when they commit amalfeasance, misfeasance and non-feasance and in the result violate the rightsof the people. For this we should not allow impunity and it is imperative that wepunish the most responsible for the crime or violation to prevent any possibilityof 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 ispart of the administration of justice particularly on crimes and cases of humanrights violation. This doctrine is in consonance with the constitutional mandatethat in a republican system of government, public officers are vested with powerto uphold the rule of law. In cases of breach by their subordinates, they wouldalso be held accountable for their acts and answerable to the people for suchbreach of mandate and responsibility to clearly draw the lines of accountabilityand responsibility.

In connection with the above mentioned principle, this bill seeks tostrengthen the application of the doctrine of command responsibility in ourcriminal laws and punish those who are most responsible for gross humanrights violation and avoid blank wall conclusions in investigations ,of thesame, thereby ending impunity in such cases.For the foregoing, the passage of this bill is earnestly sought.

BENIGN S.A UIN O I11

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F OU R TEEN TH C ON GR ESS O F TH E REPUBLIC 1First R e g u l a r Session 1OF TH E P HI LIP P IN ES :$ Rti? 15 I t 8

SEN A TES. N o . 2159

Introduced by Senator Benign0 S. Aquino I11

AN ACTADOPTING T H E DOCTRINE O F SUPERIOR RESPONSIBILITYTO ALL ACTIONS INVOLVING MILITARY PERSONN EL, ME MB ERS O FTH E PHILIPPINE NATIONAL POLICE AND O TH ER CIVILIANSINVOLVED IN LAW ENFORCEMENT

Be it enacted by the Senate and the House of Representatives of thePhilippines in Congress assembled:

SECTION 1.This Act shall be known as the %penor ResponsibilityAct of 2008.SEC. 2. Declaration of Policy - I t is a declared policy of the State

that a public office is a public trust and that public officers andemployees must at all times be accountable to the people and serve themwith utmost responsibility. I t is also declared as a policy thataccountability is a key component in good governance and is acornerstone of any democratic society. To this end, public officials andemployees should be held liable for abuse of power when they arrogateauthority unto themselves I t is also declared that state instrumentsshould not be used to violate the rights of the people, since thegovernment exists for their betterment and protection. Towards this end,a high degree of professionalism, responsibility and accountability mustbe imposed on superiors and senior officers of government who hascontrol and supervision over the military, the police and their alliedservices, and hold such superior and senior officers, who by theirconsent, toleration or negligence in the control and supervision of theirsubordinates, the citizens whom they vowed to protect, become theirvictims.

SEC. 3. Definition of Termsa. S u p e r i o r responsibility is defined as the responsibility andaccountability of a public officer who has administrative and

operational control over the security and police forces includingother allied government security services who have direct oreffective control over the acts of his or her subordinates if suchsenior or superior officer has knowledge that a crime or offensepunishable under the Revised Penal Code and other special penallaws or any human rights violation, has been committed, is being

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SEC. 6. Elements of Command Responsibility. The followingelements must be proven in order for a superior to incur responsibilityunder this Act:1. The existence of a relationship of superiority andsubordination between the superior and the perpetratorof the underlying crime or violation.2. A n effective control on the part of the superior within hisjurisdiction and he or she exercised feasible measures inall circumstances and are within his or her power.

3. The knowledge of the superior that his or hersubordinate had committed or about to commit the crime4. The superior failed to prevent the commission of thecrime, the investigation thereof or to punish theperpetrator

SEC. 7. Presumption of Knowledge - Senior or SuperiorOfficer/s are presumed to have knowledge of the commission ofirregularities or crimes committed by his or her subord inates hereinprovided in any of the following circumstances:a) When the acts or crimes are committed in a widespreadmanner within his or her area of jurisdiction;b) When the said acts or crime have been repeatedly orregularly committed within his or her area of responsibility;orc) When members of his immediate staff, office personnelor command are involved or implicated.

SEC.8. Liability - Senior or superior officerls found to beaccountable under the doctrine of superior responsibility under this Actshall be administratively, civilly and criminally liable as a principal asdefined in Ar t . 17 of Act 3815 (Revised Penal Code) and shall suffer thepenalty provided for the crimes committed by his or her subordinates, asprovided by the Revised Penal Code and other special penal laws.

SEC.9. Implementing Rules and Regulations - The Departmentof National Defense (DND), in coordination with the Department ofJustice (DOJ), the Department of Interior and Local Government, theCommission on Human Rights and the President of the Integrated Bar ofthe Philippines ( IBP) , and the U P Law Center shall promulgate thenecessary implementing rules and regulations of this ac t within thirty(30)days after the passage of this act .SEC.lO. Separability Clause. - If any provision of this Act shallbe declared unconstitutional, any other provision not affected therebyshall remain in full force and effect.SEC. 11. Repealing Clause. - All laws, decrees, orders, rules andregulations, or parts thereof inconsistent with this Act are herebyrepealed or amended accordingly.SEC.12. Effectivity. - This Act shall take effect fifteen (15)daysafter its publication in at least two (2) newspapers of general circulation.

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