Obedience to an Order Issued for Some Lawful Purpose

Every civilization has laws and norms that its members are required to abide by. The upkeep of social discipline and order depends on these laws. If they did not exist, society would be in disorder. An order given by a lawful authority is one of the most significant rules that citizens must observe. There should be obedience to an order issued for some lawful purpose.

A lawful order is only legally valid if it accomplishes a legitimate goal. Citizens are not compelled to follow an order if it has an illegal intent. Serious repercussions could result from disobeying an instruction given for a legitimate purpose.

In rare circumstances, it may even lead to an arrest and incarceration. Hence, it is crucial for citizens to understand when an order is made with legal justification and when it is not.

What is the importance of obedience to an order issued for some lawful purpose?

In order to maintain peace and order, one must submit to a legitimate government. Without such submission, society would be in a chaotic situation, where there is no authority or rule of law. legal or governmental. To maintain discipline, order, and public safety, one must obey a directive given for a legitimate reason.

This discussion will examine the idea of obedience to a command by a superior given for a legitimate reason and debate its significance in society. This will also provide some ideas when such obedience is given, taking into account the significance of compliance with an order made for a legitimate reason.

What is Article 11, Paragraph 6 of the Revised Penal Code?

Article 11, paragraph 6 of the Revised Penal Code is one of the justifying circumstances which provides that “any person who acts in obedience to an order issued by a superior for some lawful purpose does not incur any criminal liability”. This means that a person obeying a lawful order of his superior and acting in accordance with law, does not incur any criminal liability.

The Law | Obedience to an order issued for some lawful purpose

Par. 6 – Obedience to an order issued for some lawful purpose.¹

Any person who acts in obedience to an order issued by a superior for some lawful purpose.²

Elements

That an order has been issued by a superior.

1. That such order must be for some lawful purpose.
2. That the means used by the subordinate to carry out said order is lawful.

Explanations

• Both the person who gives the order and the person who executes it, must be acting within the limitations prescribed by law.
• The person who gives the order must be the superior of the person who executes the order. If both persons have equal ranks, then it is not the order contemplated in the first element.
• The order shall be for a lawful purpose, otherwise, the subordinate who obeys it shall be held criminally liable.
• The subordinate is not liable for carrying out an illegal order of his superior if he is not aware of the illegality of the order and he is not negligent.
• The subordinate in carrying out the order of his superior, must act without unnecessary and unreasonable means.

Relevant Jurisprudence

In People vs. Wilson and Dolores,³ the Court held that “in order to work exemption from criminal responsibility for obeying the orders of a superior, it must be shown that the person who gives the order and the person who executes it acting within the limitations prescribed by law.”⁴

In People vs. Barroga,⁵ the Court ruled that the “one who prepared a falsified document with full knowledge of its falsity is not excused even if he merely acted in obedience to the instruction of his superior, because the instruction was not for a lawful purpose”.⁶

In People vs. Margen, et. al.,⁷ the Court held that “a soldier who, in obedience to the order of his sergeant, tortured to death the deceased for bringing a kind of fish different from that he had been asked to furnish a constabulary detachment, is criminally liable. Obedience to an order of a superior is justified only when the order is for some lawful purpose. The order to torture the deceased was illegal, and the accused was not bound to obey it”.⁸

In People vs. Beronilla,⁹ the Court said that “when the accused acted upon orders of superior officers, which he, as military subordinate, could not question, and obeyed the orders in good faith, without being aware of their illegality, without any fault or negligence on his part, he is not liable because he had no criminal intent, and he was not negligent.”¹⁰

In People vs. Bernadez,¹¹ the Court declared that the “order by a military officer addressed to a subordinate to immediately execute the death penalty is illegal”.¹²

Summary

One of the justifying circumstances listed in Article 11 of the Revised Penal Code, particularly paragraph 6 thereof, allows a person to avoid criminal responsibility for obeying an order, provided:

1] it was given to him by a higher authority;

2] was given for a legal reason;

3] and was carried out by him using a lawful means.

Every person has a legal obligation to comply with all legitimate instructions given to them by someone in a position of authority. This is a general legal principle, as long as such order is a lawful one, in spite of being aghast to social norms.

This idea is founded on the notion that there is a social contract between the person and the state whereby the individual promises to respect the laws of the state in exchange for the protection of their rights and liberties.

If this social contract is broken, penalties, including fines and imprisonment, may be imposed on the offender. In rare circumstances, the disregarded command might be illegal in and of itself, making the one who issued it accountable for any resulting harm.

Conclusion

No criminal liability shall attach to a person who complies with an order given to him by a superior for a lawful purpose, which he obeys and performs utilizing legal means, regardless of the possible consequences of his acts in carrying out the order.

It is the act of following a request or command from a higher authority despite the fact that doing so contradicts one’s moral convictions, yet, sans breaches of the law itself. There are numerous justifications for disobeying a command. In other circumstances, it can be because the person personally thinks the order is unfair or immoral.

In other instances, it could be a way to oppose a repressive regime or power. Obeying a directive given for a legitimate reason can be debatable. Some perceive it as a cowardly move, while others consider it as a courageous and honorable deed. No matter which side of the argument you are on, you just have to make sure that you do not violate any existing law.

1. Article 11, Paragraph 6, Revised Penal Code[↩]
2. Ibid.[↩]
3. G.R. Nos. L-30012-30015, March 9, 1929[↩]
4. Ibid.[↩]
5. G.R. No. L-31563, January 16, 1930[↩]
6. Ibid.[↩]
7. G.R. No. L-2681, March 30, 1950[↩]
8. Ibid.[↩]
9. G.R. No. L-4445, February 28, 1955[↩]
10. Ibid.[↩]
11. G.R. No. L-572, June 8, 1948[↩]
12. Ibid.[↩]