MANILA, Philippines - Even before the Board of Inquiry or the so-called Truth Commission starts its investigation into the Mamasapano incident, Senate President Franklin Drilon has cleared President Benigno Aquino III of any criminal liability.
Drilon said the principle of "command responsibility" is not applicable in the Mamasapano encounter so the president cannot be criminally charged on the basis of this doctrine.
Drilon, a former Justice secretary, said that Aquino did not commit any violation of the principle of command responsibility in connection with the Mamasapano clash that killed 44 policemen last week.
"I do not agree that President Aquino has incurred any liability on the principle of command responsibility under international law. Under the Rome Statute, command responsibility will apply if the superior, knowing his subordinates will commit a crime, fails to stop the commission of the crime, or knowing that his subordinates committed a crime, fails to punish them," Drilon said.
"In this particular case, the Special Action Force of the Philippine National Police, per news report, was there to serve a warrant of arrest to known terrorists, not to commit any crime, so the principle of command responsibility does not apply," Drilon said.
The doctrine has recently been codified in the Rome Statute of the International Criminal Court to which the Philippines is a signatory.
Section 28 of the Statute imposes individual responsibility on military commanders for crimes committed by forces under their control.
Based on the doctrine of command responsibility, a superior may be held criminally responsible for a crime committed by his subordinates if it is proven that despite his awareness of the crimes of subordinates, he fails to fulfill his duties to prevent and punish these crimes.