Practice question
A superior signs a written order expressly authorizing the particular unlawful act later complained of. Explain why Section 38(3) cannot be invoked as an unconditional shield, while avoiding a conclusion that the order alone proves every element of liability.
Legal references
- Executive Order No. 292, Administrative Code of 1987: https://lawphil.net/executive/execord/eo1987/eo_292_1987.html Book I, Chapter 9, Sections 38(2)–(3) and 39.
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