MODULE 10

TOPIC: Modes of Liability – Superior Responsibility

GRADED RECITATION –

I. MODULE 10 – SUPERIOR RESPONSIBILITY

1. Modes of Liability: Superior Responsibility (only up to page 18) – PDF file
uploaded in FB;
• Overview
• Elements of Superior Responsibility
• Superior-subordinate relationship
• Knew or had reason to know
• Failure to prevent or punish
• Proof of causation not necessary
• Applicability to military and civilian leaders
• ICC
• Related Provisions
o Rome Statute of the ICC
o R.A. 9851
o 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 (uploaded in FB);
o Republic Act No. 10353 – Anti-Enforced or Involuntary
Disappearance Act of 2012 (uploaded in FB);
o Further readings - Command Responsibility: Its Elements,
Principles, and Existing Philippine Laws – uploaded in FB;

2. Phil. SC Cases
• Rubrico vs. GMA, GR 183871, Feb. 18, 2010
• Boac vs. Cadapan, GR 184461, May 31, 2011
• Rodriguez vs. GMA, GR 191805, Nov. 15, 2011
• Balao vs. GMA, GR 186050, Dec. 13, 2011
• Saez vs. GMA, GR 183533, Sept. 25, 2012
• Razon vs. Tagitis, GR 182498, Dec. 3, 2009 (Enforced Disappearance)
• Navia vs. Pardico, GR 184467, June 19, 2012 (Enforced Disappearance)