These words were spoken by Gloria Arroyo in her state-of-the nation address, July 24 last year.

That is one proof that all killings allegedly perpetrated under Maj. Gen.(ret.) Jovito Palparan’s command was encouraged and approved by Gloria Arroyo. Under the principle of command responsibility, Arroyo should be held liable for those killings.

We view with hope the statement of Manila Regional Trial Court Judge Silvino Pampilo Jr that the juidiciary is holding commanders and police officers "criminally liable" for their subordinates’ actions under the doctrine of command responsibility.

(By the way, I must disclose here that Judge Pampilo presides over the libel case filed by Mike Arroyo against former Senator Tatad, Malaya publisher Jake Macasaet and several Malaya editors and reporters including myself.)

Pampilo made the statement in connection with the forthcoming summit on extra-judicial killings proposed by Supreme Court Justice Reynato Puno scheduled on July 16 and 17.

Pampilo explained, "In criminal law, a commander cannot be held liable if he is not a principal, an accomplice or an accessory. But under the principle of command responsibility, he may be held criminally liable if he tolerated, failed to prevent or played blind to extrajudicial killings and enforced disappearances committed by his subordinates."

Pampilo said that Arroyo as commander- in -chief of the Armed Forces of the Philippines is covered by the principle but would be liable "only after she steps down from office."

Not surprisingly, Executive Secretary Eduardo Ermita, a retired general, takes exception to Pampilo’s view. He said, "First of all, the President is the Commander in Chief, and there is such a thing as the level of application. From my understanding given to me by the generals, especially the chief of staff, it applies to the next ... two ranks higher – for example, if you are a company commander, it applies to the battalion and brigade commanders."

Ermita further said, "So these things shall apply to military personnel. But I do not see how you can let it apply to the President who happens to be the head of state. After all, the national leadership does not tolerate any such activities happening."

Does not tolerate killing? Ermita should tell that to Bayan’s Satur Ocampo and company.

Renato M. Reyes Jr., Bayan secretary general, who has seen a number of their members killed and tortured by Arroyo’s generals, said Ermita only looks ridiculous and incredulous when he says that command responsibility can only apply to officials two ranks higher than the perpetrator. "This interpretation is an invention of Ermita and runs contrary to accepted principles of international law wherein even heads of state can be tried for crimes involving human rights abuses," he said.

Reyes said Arroyo cannot wiggle herself out of her clear liability in the killings especially since the deaths and abductions have not stopped despite the so-called "measures" being taken by her regime.

Reyes said the phenomenon of political killings has taken on a national character. It is the result of a national policy that emanates from the commander-in-chief and the AFP brass. The national policy on political killings includes Arroyo’s "all-out war declaration" against the Left, the internal security plan Oplan Bantay Laya 1 and 2, as well as other Malacañang and AFP issuances and directives such as Operation Bluetooth and Knowing the Enemy.

Reyes also said none of these national directives have been rescinded by the Arroyo administration. The regime has been more preoccupied with damage control moves and PR repair rather than on prosecuting the perpetrators of the killings, he said.

Reyes dared Arroyo to revamp her entire security cluster starting with the firing of national security adviser Norberto Gonzales and the relief of AFP chief Hermogenes Esperon. "Both have shown complicity in the campaign of repression against the Left. Their pronouncements and actions continue to incite violence against legal activists," he said.

Pinning down responsibility on a crime that is part of a national policy on low-ranking military officials is compounding injustice.

Gloria Arroyo should not be allowed to have her cake and eat it too. She can’t enjoy the power that comes with her stolen presidency and wash her hands off the responsibility over the havoc – material and moral – wrought under her watch.