Philippine Legal Doctrines 03

This document defines several Philippine legal doctrines: 1) The doctrine of command responsibility holds government officials and law enforcement supervisors accountable if they fail to prevent or address crimes committed by subordinates. 2) The doctrine of comparative injury allows courts to deny injunctive relief if the harm to the respondent would be disproportionate to the plaintiff. 3) The doctrine of compassionate justice allows courts to temper harsh legal provisions and procedures with compassion in appropriate cases.

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Philippine Legal Doctrines 03

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Charles Roger Raya

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PHILIPPINE LEGAL DOCTRINES 3

Doctrine of command responsibility. The doctrine under which any government official or supervisor, or officer of
the PNP or that of any other law enforcement agency shall be held accountable for “Neglect of Duty” if he has
knowledge that a crime or offense shall be committed, is being committed, or has been committed by his
subordinates, or by others within his area of responsibility and, despite such knowledge, he did not take preventive
or corrective action either before, during, or immediately after its commission. [Sec. 1, EO 226. Feb. 17, 1995].

Doctrine of comparative injury. A rule in equity which states that although a person is entitled to injunctive relief, if
the injury done to the respondent or the public would be disproportionate, then injunctive relief must be denied.

Doctrine of comparative negligence, [The doctrine that allows] a recovery by a plaintiff whose own act contributed
to his injury, provided his negligence was slight as compared with that of the defendant. [Rakes v. The Atlantic,
Gulf and Pacific, Co., GR 1719, Jan. 23, 1907].

Doctrine of compassionate justice. The doctrine that the harsh provisions of law and the rigid rules of procedure may
sometimes be tempered and dispensed with to give room for compassion.

Doctrine of completeness. [The doctrine holding that] a dying declaration to be admissible must be complete in
itself. To be complete in itself does not mean that the declarant must recite everything that constituted the res gestae
of the subject of his statement, but that his statement of any given fact should be a full expression of all that he
intended to say as conveying his meaning in respect of such fact. [People v. De Joya, GR 75028, Nov. 8, 1991].

Doctrine of conclusiveness of judgment. Rem. Law. A concept of res judicata holding that] where there is identity of
parties in the first and second cases, but no identity of causes of action, the first judgment is conclusive only as to
those matters actually and directly controverted and determined and not as to matters merely involved therein. Stated
differently, any right, fact or matter in issue directly adjudicated or necessarily involved in the determination of an
action before a competent court in which judgment is rendered on the merits is conclusively settled by the judgment
therein and cannot again be litigated between the parties and their privies, whether or not the claim, demand,
purpose, or subject matter of the two actions is the same. [Antonio v. Sayman Vda. de Monje, GR 149624, 29 Sept.
2010, 631 SCRA 471, 480].

Doctrine of condonation. Admin. Law. [The doctrine that a] public official cannot be removed for administrative
misconduct committed during a prior term, since his re-election to office operates as a condonation of the officer’s
previous misconduct to the extent of cutting off the right to remove him therefor. The foregoing rule, however, finds
no application to criminal cases pending against petitioner. [Aguinaldo v. Santos, 212 SCRA 768, 773 (1992)]. Also
called Doctrine of forgiveness.