Practice Relating to Rule 154. Obedience to Superior Orders
The Code of Ethics (1991) of the Philippines provides:
Every officer and soldier shall obey the lawful orders of his immediate superior. Anyone who shall refuse or fail to carry out a lawful order from the military chain of command shall be subject to military discipline.
In its judgment in the Margen case
in 1950, the Supreme Court of the Philippines held: “Obedience to an order of a superior gives rise to exemption from criminal liability only when the order is for some lawful purpose … [In this case] the order was illegal, and appellant was not bound to obey it.”
The Report on the Practice of the Philippines, referring to a provision of the Revised Penal Code 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, states: “However, if the order is obviously illegal, the person has the duty to disobey it.”