Law Summary
Definition and Elements of Neglect of Duty Under Command Responsibility
- A government official, supervisor, or law enforcement officer is held accountable if:
- He/She has knowledge a crime/offense is to be committed, is being committed, or has been committed by subordinates or others within jurisdiction.
- Despite such knowledge, fails to take preventive or corrective action before, during, or immediately after the commission of the offense.
Presumption of Knowledge
- Knowledge of irregularities or offenses is presumed in any of the following situations: a. Irregularities or illegal acts are widespread within the official's jurisdiction. b. Such acts have been repeatedly or regularly committed. c. Immediate staff or office personnel are involved in the irregularities or offenses.
Rule-Making Authority
- The National Police Commission (NAPOLCOM), in coordination with the Department of Interior and Local Government (DILG) and Civil Service Commission (CSC), shall formulate implementing rules and regulations.
- The rules and regulations must be promulgated within 30 days from issuance of this order.
Administrative Liability
- Any violation of the Executive Order by government officials or law enforcement officers results in administrative accountability.
- Violations are punishable under existing laws, rules, and regulations governing official conduct.
Effectivity
- The Executive Order takes immediate effect upon issuance.
This framework establishes clear supervisory responsibility and accountability within the government, especially in law enforcement, to ensure prompt and effective action against misconduct or criminal acts within their ranks.