Subject: EO 226, s. 1995 _ command responsibility in govt, pnp, law enforcement agencies
EXECUTIVE ORDER NO. 226
INSTITUTIONALIZATION OF THE DOCTRINE OF “COMMAND RESPONSIBILITY” IN ALL GOVERNMENT OFFICES, PARTICULARLY AT ALL LEVELS OF COMMAND IN THE PHILIPPINE NATIONAL POLICE AND OTHER LAW ENFORCEMENT AGENCIES
WHEREAS, strict and effective management and control of an organization by the supervisor is critical in ensuring responsive delivery of services by the government, especially in police matters;
WHEREAS, a supervisor/commander is duty-bound and, as such, is expected to closely monitor, supervise, direct, coordinate, and control the overall activities of his subordinates within his area of jurisdiction, and can be held administratively accountable for neglect of duty in taking appropriate action to discipline his men;
WHEREAS, in order to ensure a more effective, sustained, and successful campaign against erring government personnel, it is imperative that the doctrine of “command responsibility” be institutionalized and strictly applied in all government offices and at all levels of command in the PNP and other law enforcement agencies.
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:
SECTION 1. Neglect of Duty Under the Doctrine of “Command Responsibility”. Any government official or supervisor, or officer of the Philippine National Police or that of any other law enforcement agency shall be held accountable for “Neglect of Duty” under the doctrine of “command responsibility” if he has knowledge that a crime or offense shall be committed, is being committed, or has been committed by his subordinates, 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 2. Presumption of Knowledge. A government official or supervisor, or PNP commander, is presumed to have knowledge of the commission of irregularities or criminal offenses in any of the following circumstances:
a. When the irregularities or illegal acts are widespread within his area of jurisdiction;
b. When the irregularities or illegal acts have been repeatedly or regularly committed within his area of responsibility; or
c. When members of his immediate staff or office personnel are involved.
SEC. 3. Implementing Rules and Regulations. The National Police Commission (NAPOLCOM) in coordination with the Department of Interior and Local Government (DILG) and the Civil Service Commission (CSC) shall promulgate the necessary rules and regulations of this Executive Order within thirty (30) days after the issuance thereof.
SEC. 4. Administrative Liability. Any violation of this Executive Order by any government official, supervisor, officer of the PNP and that of any law enforcement agency shall be held administratively accountable for violation of existing laws, rules and regulations.
SEC. 5. Effectivity. This Executive Order shall take effect immediately.
DONE in the City of Manila this 17th day of February, in the year of our Lord, nineteen hundred and ninety-five.
(Sgd.) FIDEL V. RAMOS
President of the Philippines
By the President:
(Sgd.) TEOFISTO T. GUINGONA, JR.