of the Philippines the criminal justice system is - Article 2

There should be no requirement that a causal relationship be established
between a superior’s failure to act and the subordinate’s crime; his liability
under the doctrine of command responsibility should be based on his omission
to prevent the commission of the offense or to punish the perpetrator.
F. Enhancement of investigative capabilities of the PNP and NBI.
The investigative capabilities of the PNP and NBI should be improved and
enhanced through the following measures, among others:
(a) improvement of the forensic laboratories and equipment of the PNP and
NBI and further training of forensic technicians;
(b) establishment of a national automated ballistic information system;
(c) procurement of a software program for composite sketches of suspects;
(d) adoption of crime mapping in all police stations and NBI offices; and
(e) strengthening of the information reward system.
G. Proper orientation and training of security forces.
Perhaps much of the failure of the proper and accountable officers to prevent,
investigate, or punish criminal acts by their subordinates stems from a lack of
proper understanding and emphasis on the present concept of command
responsibility. The AFP should be encouraged and supported to conduct
intensive seminars, orientations, or training for mid to high-ranking officers,
to make them conscious of the prevailing doctrines of command responsibility,
and the ramifications thereof. This will hopefully foster responsibility and
accountability among the officers concerned, as well as the men they command.
Understandable is the military’s wariness in dealing with the party list
organizations. However, unless otherwise declared outside the law by
competent authority, these organizations should be treated with fairness and
their members should not be unilaterally considered as “enemies of the state.”
As suggested in Amnesty International’s 14-point Program for the prevention
of extra-legal executions: “The prohibition of extra-judicial executions should
be reflected in the training of all officials involved in the arrest and custody of
prisoners and all officials authorized to use lethal force and in the instructions
issued to them. These officials should be instructed that they have the right
and duty to refuse to obey any order to participate in an extrajudicial execution.
An order from a superior officer or a public authority must never be invoked
as a justification for taking part in an extra-judicial execution.”
VI. CONCLUSION
...
“The Philippines,” declares the Constitution, “is a democratic and republican
State.” An essential characteristic of such State is the rule of law, which principle
is expressly mentioned in the Constitution’s Preamble. According to the
previously cited authority, the rule of law “expresses the concept that
government officials have only the authority given them by law and defined
by law, and that such authority continues only with the consent of the people”.
Thus, without any hesitation, the Supreme Court in Callanta v. Office of the
Ombudsman declared that “[i]n our jurisdiction, the rule of law, and not of
men, governs,” while in Villavicencio v. Lukban, it upheld the primacy of law
by declaring that “[n]o official, no matter how high, is above the law.”
...
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