QuestionsQuestions (COA Resolution No. 2015-014)
To institutionalize and strictly apply the doctrine of command responsibility in all government offices, particularly at all levels of command in the Philippine National Police (PNP) and other law enforcement agencies, ensuring better management and control of subordinates’ acts.
When the supervisor has knowledge that a crime or offense shall be committed, is being committed, or has been committed by subordinates or 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.
Knowledge that (a) a crime or offense shall be committed, (b) is being committed, or (c) has been committed by subordinates or others within the supervisor’s area of responsibility.
To take preventive or corrective action either before, during, or immediately after its commission.
No. The accountability is based on knowledge and failure to take preventive or corrective action, i.e., neglect of duty under command responsibility.
Presumption of knowledge arises when: (a) irregularities or illegal acts are widespread within the area of jurisdiction; (b) illegal acts are repeatedly or regularly committed within the area of responsibility; or (c) members of the immediate staff or office personnel are involved.
If irregularities or illegal acts are widespread within the commander’s area of jurisdiction, the commander is presumed to have knowledge.
If illegal acts are repeatedly or regularly committed within the commander’s area of responsibility, knowledge is presumed.
Their involvement triggers a presumption that the commander/supervisor had knowledge of the irregularities or criminal offenses.
The National Police Commission (NAPOLCOM), in coordination with the Department of Interior and Local Government (DILG) and the Civil Service Commission (CSC), must promulgate the necessary IRR within thirty (30) days from issuance of the EO.
Any violation of EO 226 is punishable through administrative liability under existing laws, rules, and regulations.
No. It applies to any government official or supervisor, and officers of the PNP and other law enforcement agencies.
It takes effect immediately.
EO 226’s liability framework requires knowledge (or circumstances giving rise to a presumption of knowledge). If neither actual knowledge nor presumption circumstances are shown, the basis for neglect of duty under command responsibility is weakened.
It refers to the jurisdiction/coverage where the supervisor has management and control over subordinates and where the offense or irregularities occur, such that the commander is expected to monitor, supervise, direct, coordinate, and control activities within that area.