EEE 3 CHAPTER V SOME PRINCIPLES OF CRIMINAL LIABILITY SEC. 8. Indwidual Criminal Responsibility. — (a) In addition to existing provisions im Philippine law on principles of criminal responsibility, a person shall be criminally liable as principal for a crime defined and penalized in this Act if he/she: (1) Commits such a crime, whether as an mdividual, jointly with another or through another person, regardless of whether that other person is crimmally responsible; (2) Orders, sohcits or induces the commission of such a crime which in fact occurs or is attempted; (3) In any other way contributes to the commission or attempted commission of such a crime by a group of person acting with a common purpose. Such contribution shall be intentional and shall either: G) be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commussion of a crime defined in this Act; or (ii) be made in the knowledge of the intention of the group to commit the crime. (b) A person shall be criminally liable as accomplice for facilitating the commission of a crime defined and penalized tm this Act if he/she aids, abets or otherwise assists in its commission or attempted commission, meluding providing the means for its commission. (c) A person shall be crimmally liable for a crime defined and penalized in this Act if he/she attempts to commit such ‘a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person’s intention. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall 16 not be liable for punishment under this Act for the attempt to commit the same if he/she completely and voluntarily gave up the criminal purpose. Sec. 9. irrelevance of Official Capacity. ~ This Act shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a head of state or government, a memberof a government or parliament, an elected representative or a governmentofficial shall in no case exempt a person from criminal responsibility under this Act, nor shall it, in and of itself, constitute a ground for reduction of sentence. However: (a) Immunities or special procedural rules that may be attached to the official capacity of a person under Philippine law other than the established constitutional immunity from suit of the Philippine President during his/her tenure, shall not bar the court from exercising its jurisdiction over such a person; and (b) Immunities that may be attached to the official capacity of a person under international law may limit the application of this Act, but only within the bounds established under international law. SEC. 10. Responsibility of Superiors. — In addition to other grounds of criminal responsibility for crimes defined and penalized under this Act, a superior shall be criminally responsible as a principal for such crimes committed by subordinates under his/her effective command and control, or effective authority and control as the case may be, as a result of his/her failure to properly exercise control over such subordinates, where: (a) That superior either knew or, owing to the circumstances at the lime, should have known that the subordinates were committing or about to commit such erimes; ~ (b) That superior failed to take all necessary and reasonable measures within his/her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.