[When President Rodrigo Roa Duterte defended his decision to allow the burial of former President F.E. Marcos at the LNMB, he skirted the issue as to whether Pres. Marcos is a HERO or NOT. Pres. Duterte declared that it would be the tasks of historians to delve into this matter and to determine whether Pres. Marcos’ authoritarian regime would make him a tyrannical despot and therefore an ANTI-HERO or a HERO. The doctrine of COMMAND RESPONSIBILITY appears to be the core of the many charges against former President F.E. Marcos particularly with respect to supposed human rights abuses consisting of TORTURES, DISAPPEARANCES, etc. which were purportedly perpetrated by the military. And all of these supposed crimes are being blamed and leveled against former Pres. Marcos. But a quick research would show that this doctrine is applicable only to WAR CRIMES and that, most suprisingly, the doctrine got institutionalized into our legal system ONLY in February 17, 1995 when former Pres. Fidel Valdez Ramos promulgated EO 226, Series of 1995, which is entitled: 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.]
Those who have been anti-Marcos,
Has used to the hilt this rule — so atrocious;
They call it COMMAND RESPONSIBILITY,
And there seems no limit to its applicability.
But a background check of the rule,
Would show that there’s no such ferrule;
There can never be a connection,
Of the act made by a pawn to the ARCHON.
How can there ever be,
A joint of a twig to a tree;
When a twig has lost the connection,
If it’s slashed from the tree by dissection.
Historical account would show,
That the rule is a WAR TIME concoction;
And that it’s applicable only too,
In kingdoms where there’s royal direction.
For how can F. E. Marcos be guilty,
Of the misconduct of a lowly infantry;
Or even a haughty and sly constabulary,
When F.E. Marcos is many,many rungs away!
The doctrine of COMMAND RESPONSIBILITY,
Got established at the 1899 Hague Convention;
But it’s first-time applicability,
Was in the LEIPZIG War Crime trial sessions.
It seems it was deemed as applicable,
For the crimes of GENOCIDE, that’s truly wanton;
But with the military abuses, so like a ton;
When they acted illegal, that’s as though they’ve cut the navel.
So, if then those army men or constabulary,
Committed illegal acts so dastardly;
That’s personal solely to the COMMITTER,
Liability must not transcend up to the MITER!
And this notice is most momentous,
And Filipinos must all be cautious;
This COMMAND RESPONSIBILITY rule,
Only got enshrined in our law after Year 1994.
It was FVR who in February 1995,
Signed an edict which institutionalized;
COMMAND RESPONSIBILITY particularly with the PNP,
It did not even include the Philippine Army.
So if the institutionalization is fairly recent,
When FVR became PH’s President;
How can retroactivity be made worthy,
During MARTIAL LAW… that’s sort of CORKY!