2017 (Political Law) Bar Exam Questions: Question 13

[Answer/discuss the question below, or see 2017 bar exam Political Law Instructions; 2017 Political Law Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, and 15; See also 2017 Bar Exam: Information, Discussions, Tips, Questions and Results]

-XIII-

Command responsibility pertains to the responsibility of commanders for crimes committed by subordinate members of the armed forces or other persons subject to their control in international wars or domestic conflicts. The doctrine has now found application in civil actions for human rights abuses, and in proceedings seeking the privilege of the writ of amparo.

(a) What are the elements to be established in order to hold the superior or commander liable under the doctrine of command responsibility? (4%)

(b)May the doctrine of command responsibility apply to the President for the abuses of the armed forces (AFP and PNP) given his unique role as the commander-in-chief of all the armed forces? Explain your answer. (4%)

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