Human Rights-Based Intelligence Operations - Commission on ...

<strong>Human</strong> <strong>Rights</strong>-<strong>Based</strong> <strong>Intelligence</strong> <strong>Operations</strong>
Neglect of Duty under the Doctrine
of “Command Responsibility”
The Commander shall be held accountable
for the neglect of duty if he has knowledge
that a crime or offense is to be committed, is
being committed, or has been committed by
his subordinate, 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 1, Executive Order 226)
Presumption of Knowledge
A Commanding Officer is presumed
to have knowledge of the commission of
irregularities or criminal offenses within his
area of responsibility in any of the following
circumstances:
1. When the irregularities or illegal acts are
widespread within his area of jurisdiction;
2. When the irregularities or illegal acts are
repeatedly or regularly committed within
his area of responsibility; or
3. When members of his immediate staff or
office personnel are involved.
[Section 2, Executive Order 226]
Command Responsibility
under RA 9851
Sections 8-12, RA 9851 provide that a superior
shall be criminally responsible as a principal
for crimes committed by subordinates under
his/her effective command and control, or
effective authority and control, as a result of
his/her failure to properly exercise control
over such subordinates, where:
1. He/she either knew or, owing to the
circumstances at the time, should have
known that his/her subordinates were
committing; and,
2. He/she 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. (Section 10, RA 9851)
Duties of the Commanding Officer
1. Undertake Corrective Measures on any
Misconduct Committed by AFP Personnel
Commanders shall ensure that all participants
in security operations shall be briefed and
debriefed before and after every operation
to insure proper behavior of personnel and
understanding of their mission as well as to
assess the overall impact of the operation
to AFP goals and objectives and whenever
necessary immediately undertake corrective
measures on any misconduct committed by
AFP personnel. (DND/ DILG Joint Circular
Number 2-91 dated September 9, 1991)
17