'Command responsibility - national proceedings' in document 'Philippines - Crimes Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter II Definition of Terms

Section 3. For purposes of this Act, the term:

(f) "Effective command and control" or " effective authority and control" means having the material ability to prevent and punish the commission of offenses by subordinates.

Chapter V Some Principles of Criminal Liability

Section 10. Responsibility of Superiors. - In addition to other grounds of criminal responsibility for crimes defined and penalized under this Act, a superior shall be criminally responsible as a principal for such crimes committed by subordinates under his/her effective command and control, or effective authority and control as the case may be, as a result of his/her failure to properly exercise control over such subordinates, where:

(a) That superior either knew or, owing to the circumstances at the time, should have known that the subordinates were committing or about to commit such crimes;

(b) That superior failed to take all necessary and reasonable measures within his/her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.