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Superior Responsibility in Liability Law

This document provides an overview of the topic of superior responsibility, which is a mode of liability. It outlines the key elements of superior responsibility, including the superior-subordinate relationship and the superior's duty to prevent or punish criminal acts. It also discusses how superior responsibility applies to military and civilian leaders and is recognized in international law and various Philippine laws and statutes. The document lists several relevant Philippine Supreme Court cases on this topic.

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Amelyn Albitos-Ylagan Mote
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45 views1 page

Superior Responsibility in Liability Law

This document provides an overview of the topic of superior responsibility, which is a mode of liability. It outlines the key elements of superior responsibility, including the superior-subordinate relationship and the superior's duty to prevent or punish criminal acts. It also discusses how superior responsibility applies to military and civilian leaders and is recognized in international law and various Philippine laws and statutes. The document lists several relevant Philippine Supreme Court cases on this topic.

Uploaded by

Amelyn Albitos-Ylagan Mote
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

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)

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