Title
Institutionalizing Command Responsibility in Gov~t
Law
Executive Order No. 226
Decision Date
Feb 17, 1995
Executive Order No. 226 institutionalizes the doctrine of "command responsibility" in the Philippines, holding government officials accountable for neglect of duty if they fail to take action against crimes committed by their subordinates, with violations resulting in administrative liability.

Policy and core doctrine imposed

  • The doctrine of command responsibility is institutionalized and must be strictly applied in all government offices and at all levels of command in the PNP and other law enforcement agencies.
  • Supervisors/commanders are required to closely monitor, supervise, direct, coordinate, and control subordinates’ overall activities within their area of jurisdiction.
  • Supervisors/commanders are treated as duty-bound to act and are subject to administrative accountability for neglect of duty in taking appropriate action to discipline subordinates.

Neglect of duty under command responsibility

  • Section 1 makes a government official or supervisor, or an officer of the PNP or any other law enforcement agency, accountable for Neglect of Duty under command responsibility.
  • Accountability attaches when the official has knowledge that a crime or offense:
    • shall be committed, is being committed, or has been committed; and
    • is committed by subordinates or by others within the area of responsibility.
  • Accountability attaches when, despite such knowledge, the official did not take preventive or corrective action:
    • before, during, or immediately after the commission.

Presumption of knowledge rules

  • Section 2 establishes a presumption of knowledge for a government official/supervisor or PNP commander regarding commission of irregularities or criminal offenses in specified situations.
  • The presumption arises when irregularities or illegal acts are:
    • (a) widespread within the official’s area of jurisdiction;
    • (b) repeatedly or regularly committed within the official’s area of responsibility; or
    • (c) committed with involvement of members of the official’s immediate staff or office personnel.

Administrative liability and accountability

  • Section 4 provides that any violation of the Executive Order by any government official, supervisor, or officer of the PNP or any law enforcement agency results in administrative accountability.
  • Administrative accountability under Section 4 is for violation of existing laws, rules and regulations.

Implementation by NAPOLCOM, DILG, and CSC

  • Section 3 requires NAPOLCOM (National Police Commission) to promulgate necessary rules and regulations for implementation.
  • Section 3 mandates promulgation in coordination with the Department of the Interior and Local Government (DILG) and the Civil Service Commission (CSC).
  • Section 3 sets a deadline: the implementing rules and regulations must be promulgated within thirty (30) days after issuance of the Executive Order.

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