Question & AnswerQ&A (EXECUTIVE ORDER NO. 226)
The primary purpose of Executive Order No. 226 is to institutionalize the doctrine of command responsibility in all government offices, particularly in the Philippine National Police (PNP) and other law enforcement agencies, to ensure strict and effective management and control by supervisors.
Any government official, supervisor, or officer of the Philippine National Police or any other law enforcement agency who has knowledge of a crime or offense committed by subordinates or others within their area of responsibility and fails to take preventive or corrective action can be held accountable.
Neglect of Duty is when a government official or supervisor knows that a crime or offense is or will be committed by subordinates but does not take appropriate preventive or corrective action before, during, or immediately after its commission.
Knowledge is presumed when irregularities or illegal acts are widespread in their jurisdiction, repeatedly or regularly committed, or when members of their immediate staff or office personnel are involved.
The National Police Commission (NAPOLCOM), in coordination with the Department of Interior and Local Government (DILG) and the Civil Service Commission (CSC), are tasked to promulgate the necessary rules and regulations within 30 days.
Any violation of EO No. 226 by government officials, supervisors, or law enforcement officers will result in administrative accountability under existing laws, rules, and regulations.
Executive Order No. 226 took effect immediately upon its issuance on February 17, 1995.
It is important to ensure strict supervision and control to promote responsive delivery of government services, maintain discipline, and hold commanders accountable for the actions or inactions of their subordinates.
No, liability arises only if the offenses are committed within the supervisor's area of responsibility or jurisdiction.
Knowledge, whether actual or presumed under specified circumstances, is a key element for holding a supervisor liable for neglect of duty under the doctrine of command responsibility.