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RA 11188 CHAPTER V

Section 13–16 · 4 provisions

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.Read the official text ↗

Irrelevance of Official Capacity.

Section 13

SEC. 13. Irrelevance of Official Capacity. - This Act shall apply equally to all persons without any distinction based on official capacity. In no case shall the official capacity exempt a person from criminal responsibility or constitute a ground for reduction of sentence.

Responsibility of Superiors.

Section 14

SEC. 14. Responsibility of Superiors. — In addition to the grounds of criminal responsibility for crimes defined and penalized under this Act, a superior shall be criminally responsible for such crimes committed by subordinates where: (a) The superior either knew or, owing to the circumstances at the time, should have known that the subordinates were committing or were about to commit such crimes; or (b) The superior failed to take all necessary, legitimate and reasonable measures to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

Orders from a Superior.

Section 15

SEC. 15. Orders from a Superior. - The fact that a crime defined and penalized under this Act has been committed by a person pursuant to an order of a superior shall not relieve that person of criminal responsibility unless aH of the following elements occur: (a) The person was under a legal obligation to obey orders of the superior in question; (b) The person did not know that the order was unlawful; and (c) The person acted under duress or coercion. For purposes of this section, orders to commit grave child rights violations enumerated in Section 9 hereof are manifestly unlawful and shall be punished under this Act and other applicable existing laws.

Unknown Superior.

Section 16

SEC. 16. Unknown Superior. - Where the crimes defined and penalized under this Act have been committed by a person pursuant to an order or command of an unknown superior, any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, or who has performed similar acts on behalf of the armed groups, shall be deemed the superior.

Back to RA 11188 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).