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…

WHEREAS, strict and effective management and control of an organization by
the supervisor is critical in ensuring 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 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.

NOW, THEREFORE, I, FIDEL
V. RAMOS, President of the Republic of the
Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. Neglect of
Duty Under the Doctrine of “Command Responsibility”. Any government official or supervisor, or officer of the Philippine
National Police or that of any other law enforcement agency shall be held
accountable for “Neglect of Duty” under the doctrine of “command
responsibility” 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.

SECTION 2. Presumption
of Knowledge. A government official or
supervisor, or PNP commander, is presumed to have knowledge of the commission
of irregularities or criminal offenses in any of the following circumstances:

a. When the irregularities or
illegal acts are widespread within his area of jurisdiction;

b. When the irregularities or
illegal acts have been repeatedly or regularly committed within his area of
responsibility; or

c. When members of his immediate
staff or office personnel are involved.

SEC. 3. Implementing
Rules and Regulations. The National Police
Commission (NAPOLCOM) in coordination with the Department of Interior and Local
Government (DILG) and the Civil Service Commission (CSC) shall promulgate the
necessary rules and regulations of this Executive Order within thirty (30) days
after the issuance thereof.

SEC. 4. Administrative
Liability. Any violation of this Executive
Order by any government official, supervisor, officer of the PNP and that of
any law enforcement agency shall be held administratively accountable for
violation of existing laws, rules and regulations.

SEC. 5. Effectivity. This Executive Order shall take effect immediately.

DONE in the City of Manila this
17th day of February, in the year of our Lord, nineteen hundred and
ninety-five.

(Sgd.) FIDEL
V. RAMOS
President of the Philippines

By the President:

(Sgd.) TEOFISTO T. GUINGONA, JR.
Executive Secretary

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