Obedience to a lawful order – refers to a justifying circumstance wherein no criminal liability results for a crime committed by an accused who was obeying a lawful order.
Read more: Justifying circumstances
a. Legal basis
Article 11. Justifying circumstances. - The following do not incur any criminal liability:
6. Any person who acts in obedience to an order issued by a superior for some lawful purpose.
(Revised Penal Code)
2. Obedience to a lawful order
For the 6th justifying circumstance: any person who acts in obedience to an order issued by a superior for some lawful purpose
Requisites for obedience to a lawful order:
1) An order has been issued by a superior;
2) Such order must be for some lawful purpose; and
3) The means used by the subordinate to carry out said order is lawful. (Ambil, Jr. v. Sandiganbayan, G.R. No. 175457, July 6, 2011, Per Villarama, Jr., J.)
1) Requisite 1: An order has been issued by a superior
For the 1st requisite: an order has been issued by a superior
Tabuena v. Sandiganbayan, En Banc, G.R. Nos. 103501-03, February 17, 1997, Per Francisco, J.:
• Then President Marcos [Sr.] instructed Tabuena over the phone to pay directly to the president's office and in cash what the MIAA owes the Philippine National Construction Corporation (PNCC), to which Tabuena replied, “Yes, sir, I will do it.” About a week later, Tabuena received from Mrs. Fe Roa-Gimenez, then private secretar...
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