Prof. ANJU O. VILLANUEVA RN, LPT, Ph.D.

1
Guest Lecturer
NATIONAL TRAINING CENTER (NTC)
PNPTI, Camp Vicente, Calamba City

COURSE : PUBLIC SAFETY JUNIOR LEADERSHIP COURSE

SUBJECT : DOCTRINE OF COMMAND RESPONSIBILITY

MODULE III (LEADERSHIP)

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A. DEFINITIONS OF TERMS

1. Command Responsibility

– in a broad definition, it is the responsibility/accountability of an

official or superior (military commander or civilian leader) for acts, crimes or
offenses committed/omitted by their subordinates subject to their effective
control or supervision or which their subordinates were about to commit or
have committed , and such he/or she did not take measures to prevent such
commission of negative acts or having knowledge about such acts
committed/omitted and he/she did not act to prevent and punish the subject
subordinates;

- Internationally, it is known to be the Superior responsibility, the

Yamashita Standard, or the Medina Standard.

- Technically, the Philippine National Police (PNP) refers it to the duty

or obligation of every Police Commissioned Officer (PCO) to closely supervise,
the discharge of duties of subordinates as well as the responsibility to monitor,
coordinate, and control the activities of other units operating within his/her
area of jurisdiction; and if situation warrant, to take preventive nor corrective
measures.

2. Protect Person (in an armed conflict) –

a person wounded, sick, or shipwrecked, whether civilian or

military;
Prof. ANJU O. VILLANUEVA RN, LPT, Ph.D. 2
Guest Lecturer
NATIONAL TRAINING CENTER (NTC)
PNPTI, Camp Vicente, Calamba City

a prisoner of war or any person deprived of liberty for reasons

related to armed conflicts;

a civilian or any person not taking a direct part or having ceased to

take part in the hostilities in the power of the adverse party.

a person who, before the beginning of hostilities was considered a

stateless person or refugee under the relevant international
instruments accepted by the parties to the conflict concerned or
under the national legislation of the state of refugee or state of
residence;

a member of the medical personnel assigned exclusively to

medical purposes or to the administration of medical units or to the
operation of or administration of medical transports; or

a member of the religious personnel who is exclusively engaged in

the work of their ministry and attached to the armed forces of a
party to the conflict, its medical units or medical transports, or non-
denominational, non-combatant military personnel carrying out
functions similar to religious personnel.

3. 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
task 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 maybe military or civilian.

4. Subordinate – is the person or persons under the effective control of

the official/superior.
Prof. ANJU O. VILLANUEVA RN, LPT, Ph.D. 3
Guest Lecturer
NATIONAL TRAINING CENTER (NTC)
PNPTI, Camp Vicente, Calamba City

5. Chain of Command – is a formal line of authority, communication and

responsibility from the top of the organization, or strategic apex, to the bottom,
or the operating core. It clarifies who reports to whom and establishes order on
which authority, with attendant power, is wielded and delegated from the
highest echelon to the lowest hierarchical level. I called it “Who let it flow?”
(Dr.Anju Villanueva)

6. Neglect of Duty (under Doctrine of Command Responsibility) –

Any government official or supervisor, or officer of the Philippine National
Police (PNP) or that of any other law enforcement agency shall be held
accountable x x x if he has knowledge that a crime or offense shall be
committed, is being committed, or has been committed by his subordinates, or
by others within his area of responsibility and, despite such knowledge , he did
not take preventive or corrective action, either before, during, or immediately
after its commission.

Command responsibilities encompasses three distinct duties; the

duty to prevent, repress, or report a subordinates crimes.

7. Presumption of Knowledge – A government official of supervisor, or

PNP commander, is presumed to have knowledge of the commission of
irregualarities or criminal offenses in any of the following circumstances:
i. When the irregularities or illegal acts are widespread within his area of
responsibility.
ii. When the irregularities or illegal acts have been repeatedly or regularly
committed within his area of responsibility; or
iii. When members of his immediate staff or office personnel are involved.

8. Armed Forces - means all organized armed forces, groups, units that
belong to a party to an armed conflict which are under a command responsible
to that party for the conduct of its subordinates, and shall be subject to an
Prof. ANJU O. VILLANUEVA RN, LPT, Ph.D. 4
Guest Lecturer
NATIONAL TRAINING CENTER (NTC)
PNPTI, Camp Vicente, Calamba City

internal disciplinary system which enforces compliance with International

Humanitarian Law.

9. “Effective command and control” or “effective authority and

control” – means having the material ability to pevent and punish the
commission of offenses by subordinates.

10. International Humanitarian Law (IHL)

- is a set of rules which seek, for humanitarian reasons, to limit the

effects of armed conflict. It protects persons who are not or are no longer
participating in the hostilities and restricts the means and methods of warfare.

IHL covers two areas: the protection of those who are not, or no
longer, taking part in fighting; and
restrictions on the means of warfare – in particular weapons –
and the methods of warfare, such as military tactics.

- It also provides system for repressing violations of its rules based

on the individual criminal responsibility of those responsible to include a failure
to act. IHL or international humanitarian law is also known the law of war or
the law of armed conflict.

Hague Convention of 1899 and 1907 “Laws and Customs of War

on Land” (Hague IV); and “Adaptation to Maritime War of the
Principles of the Geneva Convention” (Hague X) October 18,
1907 which states “The laws, rights, and duties of war apply not
only to armies, but also to militia and volunteer corps fulfilling
these conditions: x To be commanded by a person responsible
for his subordinates x x To have fixed distinctive emblem
recognizable at a distance x x x To carry arms openly x x x x To
conduct their operations in accordance with the laws and
customs of war..
Prof. ANJU O. VILLANUEVA RN, LPT, Ph.D. 5
Guest Lecturer
NATIONAL TRAINING CENTER (NTC)
PNPTI, Camp Vicente, Calamba City

11. International Criminal Court or ICC - is an intergovernmental

organization and international tribunal seated in The Hague, Netherlands. It is
the first and only permanent international court with jurisdiction to prosecute
individuals for the violation of international crimes sets by the IHL like
genocide, crimes against humanity, war crimes and the crime of aggression.

12. Three (3) Strike Policy – pertains to the Office of the Chief, PNP
Memorandum dated January 10, 2011, entitled “Guidelines on the
Accountability of the Immediate Officer for the Involvement of His
Subordinates I Criminal Offenses and Implementation of 3-Strike Policy.

B. RELATIVE DIRECTIVES, MEMORANDA, COURT ANNOTATIONS

and PHILIPPINE LEGISLATION TREATING “DOCTRINE OF
COMMAND RESPONSIBILITY”

1. THE 1987 CONSTITUTION OF THE REPUBLIC OF THE

PHILIPPINES, ARTICLE III, BILL OF RIGHTS

i. Section 1. No person shall be deprived of life, liberty, or property

without due process of law, nor shall any person be denied the
equal protection of the laws.
ii. Section 2. The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the
judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to
be seized.
Prof. ANJU O. VILLANUEVA RN, LPT, Ph.D. 6
Guest Lecturer
NATIONAL TRAINING CENTER (NTC)
PNPTI, Camp Vicente, Calamba City

2. In 1988, “Respect for Human Rights and Improvement of Discipline

in the AFP” addressed to the Chief of Staff of the Armed Forces of the
Philippines (AFP), the Department of National Defence of the
Philippines reiterated that:
The [Department of National Defence’s] long standing directive
to take the necessary bold steps to weed out and punish, x x
x not only the military personnel who directly commit the
acts complained, but also, x x x the commanders who
countenance such abuse by way of summarily dropping the
case, intimidating the complainant and his witnesses, “cover-up”
of the incidents, failure to report to superior authorities, and/or
sheer inaction on the complaint.
I would also like to re-stress the instruction that “the
commanding officer of an erring military personnel shall be
similarly held accountable either as conduct unbecoming an
officer or as accessory after the fact in cases where he
refuses to act, delays action or otherwise aids and abets the
wrongdoing of his subordinate which is the subject of a valid
complaint. investigator and its use.

3. The Soldier’s Rules (1989) Armed Forces of the Philippines (AFP) -

providing a list of the most basic principles of behavior for soldiers,
and states that a soldier must “endeavour to prevent any breach of
the above rules. Report any violations to your superior.”

4. The AFP Handbook on Discipline (1989) of the Philippines states:

The immediate CO [commanding officer] of errant military
personnel is held accountable either as conduct unbecoming
pursuant to AW 96, or as accessory after the fact in cases where he
refuses to act, delays or otherwise aids or abets the wrong doing of his
subordinates which is the subject of a valid complaint or duly issued
warrant of arrest.
Prof. ANJU O. VILLANUEVA RN, LPT, Ph.D. 7
Guest Lecturer
NATIONAL TRAINING CENTER (NTC)
PNPTI, Camp Vicente, Calamba City

5. The Code of Ethics (1991) of the Philippines provides:

“Commanders shall exercise their authority over their
subordinates with prudence and shall accept responsibility for their
actions.”

6. The Guidelines on Human Rights and Improvement of Discipline in

the AFP, issued in 1989 by the Office of the Chief of Staff of the Armed
Forces of the Philippines (AFP), provides:

Commanders who are proven through due process to have

countenanced human rights abuses by way of summarily dropping
complaints, intimidating the complainant and/or witnesses, “cover-up” of
the incidents, failure to report to superiors, and/or shows inaction on the
complaint, shall be held accountable either as conduct unbecoming an
officer or as accessory.
Commanders of Major Services, Area Commanders and
AFPWSSUS shall devise a system which offers investigators and
prosecutors convenient means of identifying and prosecuting
personnel engaged in gun-for-hire or protection racket, extortion,
condonation of vices, and other felonious activities designed to discredit
the government in general and the AFP in particular.

7. EXECUTIVE ORDER NO. 226, February 17, 1995,

INSTITUTIONALIZATION OF THE DOCTRINE OF "COMMAND
RESPONSIBILITY" IN ALL GOVERNMENT OFFICES,
PARTICULARLY AT ALL LEVELS OF COMMAND IN THE
PHILIPPINE NATIONAL POLICE AND OTHER LAW ENFORCEMENT
AGENCIES.

WHEREAS, strict and effective management and control of

an organization by the supervisor is critical in ensuring
Prof. ANJU O. VILLANUEVA RN, LPT, Ph.D. 8
Guest Lecturer
NATIONAL TRAINING CENTER (NTC)
PNPTI, Camp Vicente, Calamba City

responsive delivery of services by the government, especially in

police matters;

WHEREAS, a supervisor/commander is duty-bound and, as

such, is expected to closely monitor, supervise, direct,
coordinate, and control the overall activities of his
subordinates within his area of jurisdiction, and can be held
administratively accountable for neglect of duty in taking
(in)appropriate action to discipline his men;

WHEREAS, in order to ensure a more effective, sustained, and

successful campaign against erring government personnel, it is
imperative that the doctrine of "command responsibility" be
institutionalized and strictly applied in all government
offices and at all levels of command in the PNP and other law
enforcement agencies.

8. REPUBLIC ACT N0. 9851, December 11, 2009, “AN ACT

PENALIZING CRIMES AGAINST INTERNATIONAL HUMANITARIAN
LAW, GENOCIDE AND OTHER CRIMES AGAINST HUMANITY,
ORGANIZING JURISDICTION, DESIGNATING SPECIALS COURTS,
AND FOR RELATED PURPOSES

Section 2 Para (f) “*effective command and control” or

“effective authority and control” (a military commander or a person
effectively acting as a military commander); and
Section 2 Para ® “**Superior” (any other superior, in as much
as the crime arose from activities within the effective authority and control
of that superior)
Section 10. Responsibility of Superiors. In addition to other
rounds of criminal responsibility for crimes defined and penalized
under this Act, a superior shall be criminally responsible as a
Prof. ANJU O. VILLANUEVA RN, LPT, Ph.D. 9
Guest Lecturer
NATIONAL TRAINING CENTER (NTC)
PNPTI, Camp Vicente, Calamba City

principal for such crimes committed by subordinates under his/her

effective command and control, or effective authority and control as
the case may be, as a result of his/her failure to properly exercise
control over such subordinates, where: (a) That superior either
knew or, owing to the circumstances at the time, should have
known that the subordinates were committing or about to commit
such crimes; (b) That superior failed to take all necessary and
reasonable measures within his/her power to prevent or repress
their commission or to submit the matter to the competent
authorities for investigation and prosecution.

9. OCPNP MEMO DTD 1/10/2011 re – “Guidelines on the

Accountability of the Immediate Officer for the Involvement of His
Subordinates in Criminal Offenses and Implementation of 3-Strike
Police.”

Set the guidelines in holding Immediate Officer (IO) accountable for the
involvement of their subordinates get involved in three (3) criminal
offenses during his tenure.
Intended to promote the culture of mentoring leadership among
supervising officers and to instill into the mind of the commanders that
they are responsible and accountable for the actions of their
subordinates.

It governs the imposition of Doctrine of Command Responsibility

against all Immediate Officers (IO) over the actions of their
subordinates. As leaders, they are responsible for what their personnel
do or fail to do.

Policies includes:
Prof. ANJU O. VILLANUEVA RN, LPT, Ph.D. 10
Guest Lecturer
NATIONAL TRAINING CENTER (NTC)
PNPTI, Camp Vicente, Calamba City

i. IO to take appropriate actions against erring personnel within

twenty- four (24) hours from the time of incident, or if not, IO will
be relieved immediately;
ii. IO shall submit a report and account the erring subordinate and
present subordinate to immediate disciplinary authority within 24
hours;
iii. IO shall be independently and separately charged
(administratively) for every criminal offense committed by his
subordinates.;
iv. IO to immediately conduct Pre-Charge Evaluation for Grave
Misconduct and likewise initiate criminal investigation and to file
appropriate charges to erring subordinates.

C. REFERENCES:

1. https://www.crisisgroup.org/asia/south-east-asia/philippines/philippines-international-
criminal-court-goes-after-dutertes-drug-war
2. Command Responsibility in the Times of Tokhang: Defining Military-likeness under
Article 28(a) of the Rome Statute/ https://www.cambridge.org/core/journals/asian-journal-
of-international-law/article/command-responsibility-in-the-times-of-tokhang-defining-
militarylikeness-under-article-28a-of-the-rome-statute/
3. Command Memorandum Circular N0.16-2016 “Project Double Barrel”/
https://didm.pnp.gov.ph/images/CommandMemorandumCirculars/CMC2016-
16PNPANTI-ILLEGALDRUGSCAMPAIGNPLANPROJECTDOUBLEBARREL.pdf
4. https://philippinesgraphic.com.ph/2018/02/10/command-responsibility-vs-
commanding-irresponsibility
5. https://www.cambridge.org/core/journals/asian-journal-of-international-law/article/
command
6. https://en.wikipedia.org/wiki/
Killings_of_Kian_delos_Santos,_Carl_Arnaiz_and_Reynaldo_de_Guzman
7. https://didm.pnp.gov.ph/images/memoranda/OTHERS/Guidelines
8. https://en.wikipedia.org/wiki/International_Criminal_Court
9. ICRC: Advisory Service on International Humanitarian Law/Command responsibility
and failure to act/ https://apjihl.org/wp-content/uploads/2021/10/003-Crime-Omission-
Pangalangan.pdf
10. https://maritimereview.ph/revisiting-the-chain-of-command-concept/