MODULE III
PROFESSIONAL CONDUCT AND ETHICAL STANDARD AMONG
CRIMINOLOGISTS, GOVERNMENT OFFICIALS AND EMPLOYEES

INTRODUCTION
Public service ethics is sometimes known as a public service Ethos
because it it’s much broader than a professional ethics, and doesn’t just involve
integrity on the job, but the “calling” that comes before taking the job, the
challenges on and off the job, and the principles one maintains after the job
(never an “ex” employee, but a former employee).
The notion of serving the “public good” is what differentiates public from
private service, and once having shouldered some responsibility for the public
good, one becomes committed to a lifelong interest in it, if only to think about
crafting solutions for the vital interests of society. Ethics is the added value one
brings to public service, it is important to be cultivated or else we lose what it
means to be a “public servant.”
As for future criminologist the ethical standard is essential to learned and
inhabit as early they can be. For they will become public servants someday and
delivers services to public, which embraces by the concept of “citizenry” and
“professionalism”. Within a civic society the delivery of programs to the public
involves responsibilities which derive from serving in the public interest. It is a
must to reiterate the professional conduct and ethical standard for the preparation
of their area of expertise.
OBJECTIVE
S
At the end of this module, the students should have:
1. Developed the moral reasoning they use and executed Professional Conduct
and Ethical Standard as future criminologist.
2. Understand the Oath of Office for Public Officers and Employees, at the
same time discussed the Code of Conduct and Ethical Standards among
Government officials/Employees or the Republic Act No. 6713.
3. Internalized different crimes committed by Government Officials/Employees
4. Appraised the Moral/Ethical weaknesses of the PNP causing incompetence
and propose a solution for the problem.
Lesson 1

PHILIPPINE REGISTERED CRIMINOLOGISTS PROFESSIONAL
CONDUCT AND ETHICAL STANDARD
What is Republic Act 6506?
An act creating the Board of Examiners for Criminologist in the Philippines for
others purposes
What is Republic Act 11131?
An act regulating the practice of criminology profession in the Philippines, and
appropriating funds therefor, repealing for the purpose Republic Act no. 6506
Who is Criminologist?
A criminologist is any person who is graduate of the degree of Criminology, who has
passed examination for criminologists and is registered such by the Board of Criminology.
Who are deemed engaged in the Practice of Criminology?
A person is deemed to be engaged in the practice of criminology if he holds himself
out to the public in any of the following capacities:
1. As a professor, instructor or teacher in Criminology in any university, college, or
school duly recognized by the government and teachers any of the following
subjects; (a) Law Enforcement Administration, (b) Criminalistics, (c) Correctional
Administration, (d) Criminal Sociology and allied subjects, and (e) other technical
and specialized subjects in the criminology curriculum provided by the Department
of Education.
2. As law enforcement administrator, executive, adviser, consultant or agent in any
government or private agency.
3. As technician in dactyloscopy, ballistics, questioned documents, police
photography, lie detection, forensic chemistry and other scientific aspects of crime
detection.
4. As correctional administrator, executive supervisor, worker or officer in any
correctional and penal institution.
5. As counselor, expert, adviser, researcher in government or private agency on any
aspects of criminal research or project involving the causes of crime, juvenile
delinquency treatment of offenders, police operations, law enforcement
administration, scientific criminal investigation or public welfare administration.
What are the Privileges of certified criminologist?
All certified criminologist shall be exempt from taking any other entrance or
qualifying government or civil service examinations and shall be considered civil service
eligible to the following government positions: (1) dactylographer, (2) ballistician, (3)
questioned document examiner, (4) correctional officer, (5) law enforcement
photographer, (6) lie detection examiner, (7) probation officer, (8) agents in any law
enforcement agency, (9) security officer, (10) criminal investigator, or (11) police
laboratory technician.
Certified criminologist shall be eligible for appointment as Patrolman in chartered
cities and municipalities, provided they possess the general qualifications for
appointment, provided in Section nine, Republic Act Numbered Forty-eight hundred and
sixty-four.
Unlawful Practice of Criminology, Penalty
Any person who shall hold himself out as a criminology without being duly
registered and certified in accordance with the provisions of this Act, or who shall give any
false or fraudulent evidence of any kind to the Board in connection with any examination,
or who shall violate any of the rules and regulations promulgated by the Board in
connection with the practice of Criminology in the Philippines shall upon conviction be
sentenced to a fine of not less than two thousand pesos nor more than ten thousand pesos
or to suffer imprisonment for a period of not less than one year but not exceeding three
years or both, at the discretion of the court.
CANON OF ETHICS FOR REGISTERED CRIMINOLOGIST
Article I
PRIMARY RESPONSIBILITY OF REGISTERED CRIMINOLOGIST
a. The primary responsibility of every person admitted to the practice of
Criminology as a Registered Criminologist is to bear faithful allegiance to the
Republic of the
Philippines and be loyal to his profession. They shall accept as a sacred obligation
and responsibility as citizens to support the Constitution of the Philippines and as a
Registered Criminologist to defend the principles of liberty as defined in the
Constitution and Laws.
b. As a Registered Criminologist, they shall strive to improve their effectiveness by
diligent study and sincere attention to improvement and welcome the opportunity
to disseminate practical and useful information relating to matters accruing to the
benefit of public safety and welfare.
Article 2
LIMITATION OF AUTHORITY
a. The first duty of a criminologist as upholder of the law is to know its bounds
upon him, be aware of limitations and prescriptions and recognize the system of
government that gives to no man group or institution absolute power. He must
ensure that he is prime defender of that system and as such must never pervert its
character.
b. They shall in the performance of their duty be just, impartial and reasonable,
never according anyone more preferential treatment than another. They shall
recognize the limitation of their authority and at no time use the power of their
profession for personal advantage.
Article 3
PRIVATE CONDUCT
a. The Registered Criminologist must be mindful of his special identification by the
public as an upholder of the law. He must never be lax in conduct or manner in
private life, express disrespect for the law, nor seek to gain special privilege that
would be reflective upon the profession. He must so conduct his private life that
the public will regard him as an example of stability fidelity and morality.
b. He must strive to elevate the standing of the profession in the public mind,
strengthen public confidence in law enforcement, develop and maintain complete
support and cooperation of the public and insure the effectiveness by encouraging
complete cooperation of members for their mutual benefit.
Article 4
CONDUCT TOWARDS THE PUBLIC
a. The Criminologists remind at all times that dignity, fairness and a genuine
willingness to help are essential to their public image and their ability to do a good
job.
b. The Criminologists mindful of their responsibility to the whole community, deal
with individuals of the community in a manner calculated to instill respect for its
laws and their profession.
c. They shall be habitually courteous and accept their responsibility by being
punctual and expeditious in their engagements and duties. They shall regard their
profession as a public trust and in the discharge of their duties, bear constantly in
mind their obligation to serve the public efficiently and effectively.
Article 5
ATTITUDE TOWARDS PROFESSION
a. The criminologists shall strive to make the best application of science to the
solution of crime, by diligent study and sincere attention to self - improvement,
and in the fields of human relationships, strive for effective leadership and public
influence in matters affecting public safety.
b. He shall appreciate the importance and responsibility of his profession as an
honorable one rendering valuable service to his community and country. They shall
strive to attain certain of the most withering cross examination particularly from
fellow criminologists and associates.
c. He shall avoid outside influence from overzealous and overanxious clients and
his findings shall be based solely and entirely on logical and scientific deduction
derived from a fair and impartial examination personally performed by him.
d. He must never lose sight of the important fact that he should not only work for
the identification, apprehension and conviction of criminals, but must strive with
greater if not equal vigor to clear the innocent.
Article 6
ATTITUDE TOWARDS FELLOW CRIMINOLOGISTS
a. The Criminologists shall strive constantly to improve professional standing of
Criminology through association with others in the profession and keeping abreast
with the fast moving world of science and technology through constant research
and development.
b. He shall cooperate fully with fellow criminologists regardless of personal
prejudice. He should however, be assured that such action is proper and in
accordance with law and guard against the use of his office or person, knowingly or
unknowingly in any improper or illegal action. He must always bear in mind at all
times that it is not sufficient to be proficient in one work; he must also have a high
sense of justice, belief in the dignity and worth of all men and a proper motivation
and attitude.
He must possess a sense of dedication to his profession and a sense of duty and
obligation to his fellowmen.
c. He shall cooperate with fellow criminologists and public officials to the end that
the safety and general welfare of the public will be assured, never permitting
jealousies or personal differences to influence their professional duties and
obligations.
Article 7
CODE OF ETHICS
The universally accepted Code of Ethics for Law Enforcement shall be temporarily
adopted pending formulation of a more specific code that embraces all aspects of
Criminology.
LAW ENFORCEMENT CODE OF ETHICS
As a Law Enforcement Officer, my fundamental duty is to serve mankind; to
safeguard lives and property; to protect the innocent against deception, the weak against
oppression or intimidation, and the peaceful against violence or disorder; and to respect
the Constitutional rights of all men to liberty, equality, and justice.
I will keep my private life unsullied as an example to all; maintain courageous calm
in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful
of the welfare of others. Honest in thought and deed in both my personal and official life,
I will be exemplary in obeying the laws of the land and the regulations of my department.
Whatever I see or hear of a confidential nature or that is confided to me in my official
capacity will be kept ever secret unless revelation is necessary in the performance of my
duty.
I will never act officiously or permit personal feelings, prejudices, animosities, or
friendships to influence my decisions. With no compromise for crime and with relentless
prosecution of criminals, I will enforce the law courteously and appropriately without fear
or favor, malice, or ill will, never employing unnecessary force or violence and never
accepting gratuities in return.
I recognize the badge of my office as a symbol of public faith, and I accept it as a
public trust to be held so long as I am true to the ethics of the police service. I will never
engage in the acts of corruption, or bribery, nor will I condone such acts by other police
officers. I will cooperative with all legally authorized agencies and their representatives in
the pursuit of justice.
I know that I alone, am responsible for my own standard of professional
performance and will take every reasonable opportunity to enhance and improve my level
of knowledge and competence. I will constantly strive to achieve these objectives and
ideals, dedicating myself before God to my chosen profession… law enforcement.
Article 8
AFFECTIVITY
This Code of ethics for Registered Criminologist shall be effective upon approval
hereof by the Commission and after fifteen (15) days following its publication in the
official Gazette (Published October 12, 1987).
THE CODE OF GOOD GOVERNANCE FOR THE PROFESSION IN THE PHILIPPINES
What is the Code of Good Governance for the Profession in the Philippines?
This Code is adopted by the Professional Regulation Commission (PRC) and the 42
Professional Regulatory Boards to cover an environment of good governance in which all
Filipino professionals shall perform their tasks. While each profession may adopt and
enforce its own code of good governance and code of ethics, it is generally recognized
that there is a general commonality among the various codes. This Code which covers the
common principles underlying the codes of various professions could be used by all
professionals who face critical ethical questions in their work
General Principle of Professional Conduct
Professionals are required not only to have an ethical commitment a personal
resolve to act ethically, but also have both ethical awareness and ethical competency.
Ethical awareness refers to the ability to discern between right and wrong while ethical
competency pertains to the ability to engage in sound moral reasoning and consider
carefully the implications of alternative actions.
Specific Principle of Professional Conduct
1. Service to Others
Professionals are committed to a life of service to others. They protect life
property and public welfare. To serve others, they shall be prepared for heroic
sacrifice and genuine selflessness in carrying out their professional duties even at the
expense of personal gain
2. Integrity and Objectivity
To maintain and broaden public confidence professionals shall perform their
responsibilities with the highest sense of integrity and imbued with nationalism and
spiritual values. In the performance of any professional service, they shall at all times,
main objectivity, be free of conflicts of interest and refrain from engaging in any activity
that would prejudice their abilities to carry out their duties ethically. They shall avoid
making any representation that would likely cause a reasonable person to misunderstand
or to be deceived
3. Professional Competence
In providing professional services, a certain level of competence is necessary, i.e.,
knowledge, technical skills, attitudes, and experience Professionals shall, therefore,
undertake only those professional services that they can reasonably deliver with
professional competence Corollary to this, it is their express obligation to keep up with
new knowledge and techniques in their field, continually improve their skills and upgrade
their level of competence and take part in a lifelong continuing education program
4. Solidarity and Teamwork
Each profession shall nurture and support one organization for all its members.
Through a deep spirit of solidarity, each member should put the broader interest of the
profession above one's personal ambition and preference. Through teamwork within a
cohesive professional organization each member shall effectively observe ethical practices
and pursue continuing professional development as well as deepen one's social and civic
responsibility.
5. Social and Civic Responsibility
Professionals shall always carry out their professional duties with due consideration
of the broader interest of the public. They shall, therefore, serve their clients/employers
and the publics wit professional concern and in a manner consistent with their
responsibilities to society. As responsible Filipino citizens, they shall actively contribute to
the attainment of the country's national objectives.
6. Global Competitiveness
Every professional shall remain open to challenges of a more dynamic
interconnected world. He or she shall rise up to global standards and maintain levels of
professional practices fully aligned with global best practices.
7. Equality of All Professions
All professionals shall treat their colleagues with respect and shall strive to be fair
in their dealings with one another. No one group of professionals is superior or above
others. All professionals perform an equally important, yet distinct, service to society. In
the eyes of the PRC, all professions are equal and, therefore, every one shall treat one
other professional with respect and fairness.
What are the acts that considered as Practice of Criminology?
Define on your own words the Specific Principle of Professional Conduct.
Lesson 2

CODE OF CONDUCT AND ETHICAL STANDARDS AMONG
GOVERNMENT OFFICIALS AND EMPLOYEES
OATH OF OFFICE FOR PUBLIC OFFICERS AND EMPLOYEES
Executive Order No. 292
Signed on July 25, 1987
Official Oath
SECTION 40. Oaths of Office for Public Officers and Employees.—All public officers and
employees of the government including every member of the armed forces shall, before
entering upon the discharge of his duties, take an oath or affirmation to uphold and
defend the Constitution; that he will bear true faith and allegiance to it; obey the laws,
legal orders and decrees promulgated by the duly constituted authorities; will well and
faithfully discharge to the best of his ability the duties of the office or position upon which
he is about to enter; and that he voluntarily assumes the obligation imposed by his oath of
office, without mental reservation or purpose of evasion. Copies of the oath shall be
deposited with the Civil Service Commission and the National Archives.
SECTION 41. Officers Authorized to Administer Oath.—(1) The following officers have
general authority to administer oath: Notaries public, members of the judiciary, clerks of
courts, the Secretary of the either House of the Congress of the Philippines, of
departments, bureau directors, registers of deeds, provincial governors and lieutenantgovernors, city mayors, municipal mayors and any other officer in the service of the
government of the Philippines whose appointment is vested in the President.
(2) Oaths may also be administered by any officer whose duties, as defined by law or
regulation, require presentation to him of any statement under oath.
SECTION 42. Duty to Administer Oath.—Officers authorized to administer oaths, with the
exception of notaries public, municipal judges and clerks of court, are not obliged to
administer oaths or execute certificates save in matters of official business; and with the
exception of notaries public, the officer performing the service in those matters shall
charge no fee, unless specifically authorized by law.
Ethics in the Government Service
Presently, ethics is one of the perceived problems in the government service. Men
and women in the government Service are commonly accused of unethical and
unprofessional conduct in the performance of their official functions. Regardless of their
government positions (managerial or rank-in-file), mode of entry (elected or appointed) or
status (permanent or temporary), no one is immune in this public perception.
Hence, a question may be asked, is there any standard ethics in the government
service? Definitely there are, the following are some of the legal sources of Ethical
Doctrines in the Government service:
1. Section, Article XI, 1987 Constitution;
2. Articles 203-245, Title VII (Crimes Committed by Public Officers) of the Revised
Penal Code;
3. Republic Act 6713- Code of Conduct and Ethical Standards for Public Officials and
Employees;
4. Republic Act 3019-Anti-Graft and Corrupt Practices Act;
5. Republic Act 7080- Anti-Plunder Act;
6. Republic Act 9485- Anti-Red Tape Act of 2007; and
7. Other Laws related to government service
High Standard of Ethics in Public Service is a State Policy
“It is the policy of the state to promote a high standard of ethics in public service. Public
officials and employees shall at all times be accountable to the people and shall
discharge their duties with utmost responsibility, integrity, competence and loyalty, act
with patriotism and justice, lead modest lives, and uphold public interest over personal
interest.”
Section 2, RA 6713
Notes:
 high standard of ethics in public service is a state policy
 Government people are not accountable solely to their superiors but to the public
in general.
 All government people in the performance of their duties must all times be:
a. Responsibility;
b. Integrity;
c. Competent;
d. Loyalty;
e. Patriot;
f. Just;
g. Live modest, and;
h. Putting his personal interest behind public interest
What is the Government’s Obligation to its citizen?
“The first demand justice, the second is demand of welfare. A government has no right to
harm its citizens. It has an obligation to help them to the extent possible. The first is an
imperative by which it is bound; the second is a task which it should try to fulfill. As a
result, it should not attempt to weigh the harm it does to some and the benefits it brings
to other- it should simply act so as to produce the greatest amount of good on the whole.
The government is not an individual. It is a servant of all people, who have equal rights
before it and all who have the right not to be harmed by it. Its laws then cannot be
morally justified on utilitarian grounds if they do harm or are unjust to any citizen.”
-Richard T. De George
Notes:
 It may infer from this statement of De George that one of the essential
points to consider is that the people must enjoy government protection.
 Government is expected to protect its citizen not to do harm to them.
 Justice and welfare of its citizenry should be government paramount
consideration
Public office is a public trust (1987 Constitution)
Public officers and employees must at all times be accountable to the people,
serve them with utmost responsibility, integrity, loyalty, and efficiency, act with
patriotism and justice, and lead modest life.
Notes:
 It is no less than the fundamental law of the land that enunciated the
concept of “public office is a public trust”
 As expressed by Justice Malcolm when he penned a decision, the basic idea
of government in the Philippines “is that a representative government, the
officers being mere agents and not rulers of the people, one where every
officer accepts office pursuant to the provisions of law and holds the office
as a trust for the people whom he represents.”
What does the command to lead modest live entail?
The point of the command is that, even if the public officer is independently
wealthy, he should not live in manner that flaunts his wealth.
Recovery of Properties unlawfully acquired by Public Officials
The right of the State to recover properties unlawfully acquired by public officials
or employees, from them or from their nominees or transferees, shall not be barred by
prescription laches, or estoppels.
Note:
Regardless how long it may takes, the government is not prohibited to recover its
properties which are unlawfully taken by a government official or employee in the
prejudice of government service. The law on prescription will never be applied.
Allegiance to State and to the Constitution
Public officers and employees owe the state and Constitution allegiance at all
times, and any public officer or employee who seeks to change his citizenship or acquire
the status of an immigrant of another country during his tenure shall be dealt with by law.
Who are those covered by RA 6713
The law covers all officials and employees in the government, elective and
appointive, permanent or temporary whether in the career or non-career service,
including military and police personnel, whether or not they received compensation,
regardless of amount.
Notes:
 The rule is clear, all public officials and employees including police officers
are covered by this rule on public officers, notwithstanding with the
existence of PNP Code of Professional Conduct and ethical Standards
(COPCES)
 Even volunteer who receives no salary, in the government service are cover
by the law.
Republic Act No. 6713
February 20, 1989
- An act establishing a code of conduct and ethical standards for public officials and
employees, to uphold the time-honored principle of public office being a public
trust, granting incentives and rewards for exemplary service, enumerating
prohibited acts and transactions and providing penalties for violations thereof and
for other purposes
Definition of Terms:
(a) "Government" includes the National Government, the local governments, and all other
instrumentalities, agencies or branches of the Republic of the Philippines including
government-owned or controlled corporations, and their subsidiaries.
(b) "Public Officials" includes elective and appointive officials and employees, permanent
or temporary, whether in the career or non-career service, including military and police
personnel, whether or not they receive compensation, regardless of amount.
(c) "Gift" refers to a thing or a right to dispose of gratuitously, or any act or liberality, in
favor of another who accepts it, and shall include a simulated sale or an ostensibly
onerous disposition thereof. It shall not include an unsolicited gift of nominal or
insignificant value not given in anticipation of, or in exchange for, a favor from a public
official or employee.
(d) "Receiving any gift" includes the act of accepting directly or indirectly, a gift from a
person other than a member of his family or relative as defined in this Act, even on the
occasion of a family celebration or national festivity like Christmas, if the value of the gift
is neither nominal nor insignificant, or the gift is given in anticipation of, or in exchange
for, a favor.
(e) "Loan" covers both simple loan and commodatum as well as guarantees, financing
arrangements or accommodations intended to ensure its approval.
(f) "Substantial stockholder" means any person who owns, directly or indirectly, shares of
stock sufficient to elect a director of a corporation. This term shall also apply to the
parties to a voting trust.
(g) "Family of public officials or employees" means their spouses and unmarried children
under eighteen (18) years of age.
(h) "Person" includes natural and juridical persons unless the context indicates otherwise.
(i) "Conflict of interest" arises when a public official or employee is a member of a board,
an officer, or a substantial stockholder of a private corporation or owner or has a
substantial interest in a business, and the interest of such corporation or business, or his
rights or duties therein, may be opposed to or affected by the faithful performance of
official duty.
(j) "Divestment" is the transfer of title or disposal of interest in property by voluntarily,
completely and actually depriving or dispossessing oneself of his right or title to it in favor
of a person or persons other than his spouse and relatives as defined in this Act.
(k) "Relatives" refers to any and all persons related to a public official or employee within
the fourth civil degree of consanguinity or affinity, including bilas, inso and balae.
* Norms of Conduct of Public Officials and Employees - Every public official and
employee shall observe the following as standards of personal conduct in the discharge
and execution of official duties:
(a) Commitment to public interest. - Public officials and employees shall always uphold
the public interest over and above personal interest. All government resources and powers
of their respective offices must be employed and used efficiently, effectively, honestly
and economically, particularly to avoid wastage in public funds and revenues.
(b) Professionalism. - Public officials and employees shall perform and discharge their
duties with the highest degree of excellence, professionalism, intelligence and skill. They
shall enter public service with utmost devotion and dedication to duty. They shall
endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue
patronage.
(c) Justness and sincerity. - Public officials and employees shall remain true to the
people at all times. They must act with justness and sincerity and shall not discriminate
against anyone, especially the poor and the underprivileged. They shall at all times
respect the rights of others, and shall refrain from doing acts contrary to law, good
morals, good customs, public policy, public order, public safety and public interest. They
shall not dispense or extend undue favors on account of their office to their relatives
whether by consanguinity or affinity except with respect to appointments of such relatives
to positions considered strictly confidential or as members of their personal staff whose
terms are coterminous with theirs.
(d) Political neutrality. - Public officials and employees shall provide service to everyone
without unfair discrimination and regardless of party affiliation or preference.
(e) Responsiveness to the public. - Public officials and employees shall extend prompt,
courteous, and adequate service to the public. Unless otherwise provided by law or when
required by the public interest, public officials and employees shall provide information of
their policies and procedures in clear and understandable language, ensure openness of
information, public consultations and hearings whenever appropriate, encourage
suggestions, simplify and systematize policy, rules and procedures, avoid red tape and
develop an understanding and appreciation of the socio-economic conditions prevailing in
the country, especially in the depressed rural and urban areas.
(f) Nationalism and patriotism. - Public officials and employees shall at all times be loyal
to the Republic and to the Filipino people, promote the use of locally produced goods,
resources and technology and encourage appreciation and pride of country and people.
They shall endeavor to maintain and defend Philippine sovereignty against foreign
intrusion.
(g) Commitment to democracy. - Public officials and employees shall commit themselves
to the democratic way of life and values, maintain the principle of public accountability,
and manifest by deeds the supremacy of civilian authority over the military. They shall at
all times uphold the Constitution and put loyalty to country above loyalty to persons or
party.
(h) Simple living. - Public officials and employees and their families shall lead modest
lives appropriate to their positions and income. They shall not indulge in extravagant or
ostentatious display of wealth in any form.
* Duties of Public Officials and Employees - In the performance of their duties, all public
officials and employees are under obligation to:
(a) Act promptly on letters and requests. - All public officials and employees shall,
within fifteen (15) working days from receipt thereof, respond to letters, telegrams or
other means of communications sent by the public. The reply must contain the action
taken on the request.
(b) Submit annual performance reports. - All heads or other responsible officers of
offices and agencies of the government and of government-owned or controlled
corporations shall, within forty-five (45) working days from the end of the year, render a
performance report of the agency or office or corporation concerned. Such report shall be
open and available to the public within regular office hours.
(c) Process documents and papers expeditiously. - All official papers and documents
must be processed and completed within a reasonable time from the preparation thereof
and must contain, as far as practicable, not more than three (3) signatories therein. In
the absence of duly authorized signatories, the official next-in-rank or officer in charge
shall sign for and in their behalf.
(d) Act immediately on the public's personal transactions. - All public officials and
employees must attend to anyone who wants to avail himself of the services of their
offices and must, at all times, act promptly and expeditiously.
(e) Make documents accessible to the public. - All public documents must be made
accessible to and readily available for inspection by, the public within reasonable working
hours.
* Prohibited Acts and Transactions - In addition to acts and omissions of public officials
and employees now prescribed in the Constitution and existing laws, the following shall
constitute prohibited acts and transactions of any public official and employee and are
hereby declared to be unlawful:
1. Financial and material interest. - Public officials and employees shall not, directly or
indirectly, have any financial or material interest in any transaction requiring the approval
of their office.
2. Outside employment and other activities related thereto. - Public officials and
employees during their incumbency shall not:
(a) Own, control, manage or accept employment as officer, employee, consultant,
counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised
or licensed by their office unless expressly allowed by law;
(b) Engage in the private practice of their profession unless authorized by the Constitution
or law, provided, that such practice will not conflict or tend to conflict with their official
functions; or
(c) Recommend any person to any position in a private enterprise which has a regular or
pending official transaction with their office.
These prohibitions shall continue to apply for a period of one (1) year after
resignation, retirement, or separation from public office, except in the case of
subparagraph (b) (2) above, but the professional concerned cannot practice his profession
in connection with any matter before the office he used to be with, in which case the oneyear prohibition shall likewise apply.
3. Disclosure and/or misuse of confidential information. - Public officials and employees
shall not use or divulge, confidential or classified information officially known to them by
reason of their office and not made available to the public, either:
(1) To further their private interests, or give undue advantage to anyone; or
(2) To prejudice the public interest.
4. Solicitation or acceptance of gifts. - Public officials and employees shall not solicit or
accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of
monetary value from any person in the course of their official duties or in connection with
any operation being regulated by, or any transaction which may be affected by the
functions of their office.
As to gifts or grants from foreign governments, the Congress consents to:
(i) The acceptance and retention by a public official or employee of a gift
of nominal value tendered and received as a souvenir or mark of courtesy;
(ii) The acceptance by a public official or employee of a gift in the nature
of a scholarship or fellowship grant or medical treatment; or
(iii) The acceptance by a public official or employee of travel grants or
expenses for travel taking place entirely outside the Philippine (such as
allowances, transportation, food, and lodging) of more than nominal value
if such acceptance is appropriate or consistent with the interests of the
Philippines, and permitted by the head of office, branch or agency to which
he belongs.
The Ombudsman shall prescribe such regulations as may be necessary to carry out
the purpose of this subsection, including pertinent reporting and disclosure requirements.
Nothing in this Act shall be construed to restrict or prohibit any educational,
scientific or cultural exchange programs subject to national security requirements.
Statements and Disclosure - Public officials and employees have an obligation to
accomplish and submit declarations under oath of, and the public has the right to know,
their assets, liabilities, net worth and financial and business interests including those of
their spouses and of unmarried children under eighteen (18) years of age living in their
households.
(A) Statements of Assets and Liabilities and Financial Disclosure. - All public officials
and employees, except those who serve in an honorary capacity, laborers and casual or
temporary workers, shall file under oath their Statement of Assets, Liabilities and Net
Worth and a Disclosure of Business Interests and Financial Connections and those of their
spouses and unmarried children under eighteen (18) years of age living in their households.
The two documents shall contain information on the following:
(a) Real property, its improvements, acquisition costs, assessed value and
current fair market value;
(b) Personal property and acquisition cost;
(c) All other assets such as investments, cash on hand or in banks, stocks,
bonds, and the like;
(d) Liabilities, and;
(e) All business interests and financial connections.
The documents must be filed:
(a) Within thirty (30) days after assumption of office;
(b) On or before April 30, of every year thereafter; and
(c) Within thirty (30) days after separation from the service.
All public officials and employees required under this section to file the afforested
documents shall also execute, within thirty (30) days from the date of their assumption of
office, the necessary authority in favor of the Ombudsman to obtain from all appropriate
government agencies, including the Bureau of Internal Revenue, such documents as may
show their assets, liabilities, net worth, and also their business interests and financial
connections in previous years, including, if possible, the year when they first assumed any
office in the Government.
Husband and wife who are both public officials and employees may file the
required statements jointly or separately.
The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business
Interests and Financial Connections shall be filed by:
(1) Constitutional and national elective officials, with the national office of the
Ombudsman;
(2) Senators and Congressmen, with the Secretaries of the Senate and the House of
Representatives, respectively; Justices, with the Clerk of Court of the Supreme Court;
Judges, with the Court Administrator; and all national executive officials with the Office
of the President.
(3) Regional and local officials and employees, with the Deputy Ombudsman in their
respective regions;
(4) Officers of the armed forces from the rank of colonel or naval captain, with the Office
of the President, and those below said ranks, with the Deputy Ombudsman in their
respective regions; and
(5) All other public officials and employees, defined in Republic Act No. 3019, as
amended, with the Civil Service Commission.
(B) Identification and disclosure of relatives. - It shall be the duty of every public official
or employee to identify and disclose, to the best of his knowledge and information, his
relatives in the Government in the form, manner and frequency prescribed by the Civil
Service Commission.
(C) Accessibility of documents. –
(1) Any and all statements filed under this Act, shall be made available for
inspection at reasonable hours.
(2) Such statements shall be made available for copying or reproduction after ten
(10) working days from the time they are filed as required by law.
(3) Any person requesting a copy of a statement shall be required to pay a
reasonable fee to cover the cost of reproduction and mailing of such statement, as
well as the cost of certification.
(4) Any statement filed under this Act shall be available to the public for a period
of ten (10) years after receipt of the statement. After such period, the statement
may be destroyed unless needed in an ongoing investigation.
(D) Prohibited acts. - It shall be unlawful for any person to obtain or use any statement
filed under this Act for:
(a) Any purpose contrary to morals or public policy; or
(b) Any commercial purpose other than by news and communications media for
dissemination to the general public.
1. Give an illustration (in a form of drawing or clippings) on how a public officer
may manifest his commitment to public service and describe briefly the portrait.
2. Make a Slogan which entails the concept of “Public Office is a Public Trust”.
Put a brief explanation.
Lesson 3

Crimes Committed by Government
Officials
Title Seven Revised Penal Code. Crimes Committed by Public Officers
Who are Public Officers?
- For the purpose of applying the provisions of this and the preceding titles of
this book, any person who, by direct provision of the law, popular election or
appointment by competent authority, shall take part in the performance of
public functions in the Government of the Philippine Islands, or shall perform in
said Government, or in any of its branches public duties as an employee, agent
or subordinate official, of any rank or class, shall be deemed to be a public
officer.
A. There is no distinction between a public office and a public employee so long as the
person: (i) takes part in performance of public functions or (ii) performs public duties
B. It is not the nature of the appointment which counts but the duties performed. They
may be permanent, temporary or casual officers. Hence one appointed as mere laborer
but whose function is to sort and file money orders or emergency helper but whose
functions include custody of documents, is a public officer
C. They include members of a special body created by law, to perform a function for the
government, as in the Centennial Commission
Dereliction of Duty by Officers Related to the Administration of Justice
The offenses covered by Articles 204 to 209 pertain to acts by Judges, Prosecutors
and Lawyers (who are officers of the Court). They are generally considered as
prevaricacion or crimes involving betrayal of trust
Dereliction by Judges
A. The Judges referred to are Trial Court Judges and not to Judges of Collegial or
Appellate Courts
- “(It) has no application to members of collegial courts such as the Sandiganbayan
or its divisions, who reach their decision in consultation and accordingly render their
collective judgment after due deliberation”
B. Rendering an Unjust Judgment i.e one which is not in accordance with the law and the
evidence:
1. Knowingly or Intentionally –
(i). the intention is to favor a party or to cause damage to another; or rendered due
to ill will, spite, revenge, or other personal ill motive, but not through bribery
(ii). It is not the fact that the decision was reversed on appeal which brings about
the crime but proof of the ill motive.
2. Rendered through negligence which is manifest or inexcusable, or through
ignorance.
Example: applying a law which has been repealed or a decision which has been
reversed. Judges are required to keep abreast of latest developments in the law and
in jurisprudence.
C. Rendering an Unjust Interlocutory Order either knowingly/intentionally or through
inexcusable negligence or ignorance.
1. An interlocutory order is one which decides on an issue related to the case but
does not decide the case on the merit or on the evidence
Example: granting bail to a non-bailable offense;
D. Delay in the Administration of Justice
1. This must be malicious or that there is an intent to cause damage or injury to any
of the parties
Example: delay in the calendaring or cases; frequent grant of postponements,
delaying the decision or failure to render the decision within the time allowed by
law
E. However, before a Judge can be charged for Rendering an Unjust Judgment or Unjust
Interlocutory Order, there must be a “final and authoritative judicial declaration that the
decision or order in question is indeed unjust.” The pronouncement may result from
either:
1. An action for Certiorari or prohibition in the higher court impugning the validity
of the judgment or;
2. An administrative proceeding in the Supreme Court against the judge precisely
for promulgating an unjust judgment or order ( Joaquin vs. Borromeo, 241 SCRA
248)
Dereliction or Prevaricacion (Betrayal of Trust) by Prosecutors under Article 208
A. Article 208 embraces all public officers whose official duties involve the initiation of
prosecution for the punishment of law violators. They include:
1. Prosecutors and their assistants
2. BIR agents who fail to report violations of the NIRC
3. Forestry Agents who fail to apprehend and file charges against illegal loggers
4. Chiefs of Police in municipalities who are by law allowed to appear as prosecutors
in the MTC/MCTC in the absence of regular Prosecutors
5. Barangay Captains
B. The essence of dereliction is that the public officer knows of the commission of an
offense but:
1. He does not cause the prosecution thereof i.e. to gather evidence and then file
the appropriate charges
2. He tolerates the commission thereof. Note: if n case of an illegal numbers game,
the offense would be under RA. 9286
C. The crime committed by the law violator must first be proved as basis from conviction
for dereliction.
Query: May policemen or law enforcement agents be held liable if they see a crime
but do not arrest the criminal or do not investigate, gather evidence and charge the
criminal?
1. The view is that they are not liable under Article 208 but they are to be held as
accessories under Article 19 i.e assisting in the escape of the principal, or that they
may be liable under the Anti-Graft and Corrupt Practices Act; or under PD. 1829 for
obstruction of justice .
2. Personal view: If the offense by the criminal is punished by a special law, where
there are no accomplices or accessories, the charge should be under Article 208. The
same should be true in case the offense tolerated is a light felony
Dereliction by an Attorney: Betrayal of Trust under Article 209.
A. The prevaricacion includes:
1. Causing prejudice to the client through malicious breach of professional duty or
inexcusable negligence. There must be damage to the client. Examples: failure to
pay the appeal fee or to file an Answer or to submit a Formal Offer of Evidence
2. Revealing the Secrets of a Client learned by him in his professional duty. (Note:
This is the second offense involving disclosure of secrets). Secrets are to be
construed as including the lawyer’s advice; papers, documents and objects delivered
by the client; the lawyer’s impressions of the client
3. Representing the opposing party without the consent of the client
B. The crime is without prejudice to the administrative liability of the attorney
BRIBERY
Bribery connotes the idea of a public officer utilizing the power, influence or
prestige of his office for the benefit of an individual in exchange for a consideration. The
offense cannot be considered bribery if there is no consideration but the act may be
considered as a violation of the Anti-Graft and Corrupt Practices Act
The two forms:
1. Simple Bribery
(a). Direct
(b) Indirect
2. Qualified Bribery
DIRECT BRIBERY
-defined and penalized under Article 310. Its elements are as follows:
1. That the accused is a public officer
2. That he received directly or through another, some gift or present, offer or
promise
3. That such gift, present offer or promise has been given in consideration of his
commission of some crime, or any act not consisting a crime, or to refrain from
doing something which it is his official duty to do
4. That the crime or act relates to the exercise of his functions as a public officer
There are three modes of commission of direct bribery and which is the basis for the
penalty to be imposed:
A. First Mode: requires that the act involved amounted to a crime. Example: Falsification
and destruction of papers, records and properties, killing of inmates, robbery and taking
of money or valuables, invalid arrests, releasing of persons detained
1. Three instances when it is consummated:
a). The act agreed upon was not yet performed but a consideration has already
been received
b).The act was executed even if the consideration has not yet been received
c).The act was executed and the consideration has been received
d).Conspiracy to Commit Bribery: If the officer merely agreed but did not actually
do the act and he did not yet receive nor was given the consideration, there is
also the crime of bribery. This is in the nature of a conspiracy which is punished
2. This has no frustrated or attempted stage since the mere agreement consummates
the crime
3. If the act constituting a crime was committed, the officer is liable for bribery and
for the additional crime so committed. The bribe giver will also be liable for the
crime. Bribery is never absorbed or complexed but is always punished separately.
But in the crime of Delivering Prisoners bribery constitutes a qualifying aggravating
circumstance
Examples: The Jail Guard agreed with Mr. BB to kill X, an inmate, in exchange for money.
The crime is committed if: (i) he has already received the money but was arrested before
he can kill X (ii) he killed X but Mr. BB failed to give the money and (iii) He killed X and
was paid either before or after the killing. In the second and third instance, the officer
and Mr. BB are liable also for murder/homicide for the killing.
B. Second Mode: The act is not a crime but is unjust or the doing is improper or unfair
1. The act done is within the proper functions or duties or the public officer. Hence
to constitute bribery, the consideration must be actually received. Future promises
or offers or consideration to be given after the doing, such as reward, do not give
rise to bribery.
2. If the officer performed the act regularly, properly, or in accordance with law, he
is not liable even if he already received the consideration
3. If the act was done improperly without any consideration, the officer is not liable
for bribery but he may be:
(a). Administratively liable
(b). Liable under the Anti-Graft and Corrupt Practices Act
4. If the officer received the consideration but he did not do the act as agreed upon,
he may be sued for the recovery of the consideration and for estafa by means of
deceit
5. There are only two stages: (i) attempted when the officer agreed to do the act for
a consideration and received the consideration but was not able to perform the act
and (ii) consummated when the act was executed and the officer received the
consideration.
Examples:
(a). For money received, the Court sheriff delayed the service of summons to the
defendant or that he did not immediately serve the writ of execution until the
defendant has sold his properties.
(b) The complainant paid the policeman to serve the warrant of arrest of the
accused on Saturday so that the accused will not be able to post bail. The police
however served the warrant on Friday allow the accused to post bail. The police is
not liable for bribery but the bribe giver is liable for attempted corruption. But he
may file a case to recover the money.
(c).The police received the money but when he went to arrest on a Friday night, the
accused had already posted bail that morning. He is liable for consummated bribery
even if the purpose was not achieved.
(d). NBI agents learned the money will be given on Friday morning. When the money
was given the NBI agents who were waiting, arrested both the giver and the police.
Did the policeman commit direct bribery?
(e). Receiving money to give preference to a late application over others earlier
submitted
C. Third Mode: There is non-performance of an official duty due to a consideration
provided the non-performance does not amount to a crime. If so it is bribery of the first
mode.
1. Examples:
a). A stenographer received money such that she did not record the testimony.
b). For money received, the clerk did not include the case in the court calendar
or that he did not send the required notices to witnesses.
c). Omission to accept and/or record a pleading filed
Common Principles:
A. 1. The accused in the direct bribery case is the public officer only. The bribe giver will
be punished for Corruption of a Public Officer.
2. Private persons are liable if they are performing public functions such as assessors,
arbitrators, appraisers and claim commissioners. These private persons are usually
designated and/or directed by the court to perform these functions as part of pending
proceedings, and to submit their findings to the court.
B. The act or omission must be in relation to the officer’s duties or functions otherwise
the crime would be estafa
C. The consideration need not be in terms of money or articles of value so long as it has a
pecuniary value. This is because the penalty of fine is based on the value of the
consideration given. Those in the form of favors or service or non-material considerations
may induced a public official to do any of the act contemplated by law. However there is
the question of determining the value as basis for the fine.
The consideration may be given to the officer directly or to members of his family or
persons closely associated with the officer.
1. Examples of Consideration in the form of services: the employment or
promotion of a family member in a certain company; or the giving of a contract
to the company of the wife; or that the private person will shoulder the
expenses of the birthday party of the officer’s son
2. The borrowing of a vehicle by the LTO Director from a transportation company
can be considered as a gift in contemplation of law (Garcia vs. Sandiganbayan 507
SCRA 258)
D. The giving of the consideration must be mutual, either at the suggestion of the briber
giver or upon the solicitation of the officer.
1. If it was the officer who solicited but the private person reported it leading to an
entrapment and the subsequent arrest of the officer, the crime is merely attempted
bribery.
2. If it was the private person who voluntarily gave but the officer used the
consideration as evidence, it is Attempted Corruption of a Public Officer
E. If the private person was compelled to agree to give a consideration due to force,
threat or intimidation on the part of the officer, the act is called extortion or mulcting but
the proper name of the offense is robbery
F. If a person gives money to a public officer as consideration for the officer to do or not
to do his duty for the benefit of the person, when will the receipt constitute robbery and
when will it be bribery?
1. If the money was given willingly at the instance of the giver, it is bribery
2. If he was forced to give it is robbery
3. If the giver committed a crime and at his own instance he gives money so as to
avoid arrest and prosecution, the receipt thereof would be bribery.
4. If the giver is a family member of a person arrested and was prevailed upon to
give so that the case against the relative will not push through, or will be downgraded, the demand and receipt of consideration is robbery.
5. If the giver committed a crime and it was the officer who suggested the giving of
money to avoid arrest, it is bribery so long as the person did so voluntarily but if he
was forced to give, then it is robbery. Thus if the person was unwilling to give but
he pretended to give but reported instead to the authorities who set up an
entrapment, the crime of the officer is attempted robbery
6. If the person did not commit a crime but the officer insist and pretend there was
a crime and threatens to arrests unless money is given, then the receipt thereof is
robbery.
INDIRECT BRIBERY
The crime committed by a public officer who accepts a gift given by reason of his
office or position. A gift is actually received and not future promises or offers. The officer
must have done an act appropriating the gift for himself, his family or employees. “The
essential ingredient is that the public officer concerned must have accepted the gift or
material consideration” (Garcia vs. Sandiganbayan 507 SCRA 258)
Illustrations:
1. An envelope was left on top of the desk of officer. The officer called his staff and
told them to use the entire amount to buy food and snacks. This is indirect bribery
2. If the officer however gave it to the Jail or to some children, he is not liable
3. If he simply let the envelope drop on the floor and left it there, he is not liable.
4. If somebody pays the bill for his meal or drinks, he is not liable for indirect
bribery as he did not accept any gift.
5. Receipt of cash given as “share in winnings” or “balato” are included
The phrase “by reason of his office” means the gift would not have been given were it not
for the fact that the receiver is a public officer. The officer need not do any act as the gift
is either for past favors or to anticipate future favors, or simply to “impress” or earn the
good will of the officer.
QUALIFIED BRIBERY
- The crime committed by any public officer who is entrusted with the law enforcement
and he refrains from arresting or prosecuting an offender who as committed a crime
punishable by reclusion perpetua and/or death in consideration of any offer, promise, gift
or present.
II. Principles.
A. The offenders are limited to officers entrusted with law enforcement such as
members of the regular law enforcement agencies, as well as those tasked to
enforce special laws, and Prosecutors. This is similar to prevarication under Article
208 but the offense involved here which the officer refused to prosecute is graver
being punished by reclusion perpetua or death
B. Actual receipt of consideration is not necessary.
C. The penalty for the officer is that for the offense he did not prosecute. But if it
was the officer who solicited the gift, the penalty is death. However, the guilt of
the person who was not prosecuted must first be proven.
Question: (a). what crime was committed by a law enforcement agent who refused to
arrest a rapist or murderer?
Answer: If it was because of a consideration the crime is qualified bribery. If there was no
consideration he is an accessory to the crime
(b) Suppose it was a drug pusher who was refused to be arrested?
Answer: Qualified bribery if there was a consideration, if there was none it should be
Violation of Article 208 because there are no accessories in the offense of drug pushing
CORRUPTION OF PUBLIC OFFICIALS
-This is the crime committed by the bribe giver, promissory or offeror.
II. It has only two stages: attempted if the gift, offer or promise was rejected and
consummated if the same was accepted.
III. This is in addition to his liability if the act done by the officer is a crime in which case
he is a principal by inducement. .
LAWS RELATED TO CRIMES BY PUBLIC OFFICERS
I. R.A. 7080: Defining and Penalizing the Crime Known as Plunder
1. Plunder is the act of accumulating or acquiring ill-gotten wealth in an aggregate
amount of at least P50 million, personally or in connivance with third persons
2. The accumulation must be through a combination or series of overt acts, a
pattern indicative of the overall unlawful scheme or conspiracy
3. The penalty is reclusion perpetua to death
4. For non-public officers their liability will depend on their degree of participation
and the attendance of mitigating and aggravating circumstances
II. R.A 3019 or The Anti-Graft and Corrupt Practices Act
- This was enacted to fortify the principle that public office is a public trust. Also
the provision of the Revised Penal Code is inadequate to cover all situations
and acts whereby a public officer performs an act inimical to public service.
MALVERSATION OF PUBLIC FUNDS
(Embezzlement)
Classified into (1) Ordinary and Technical and (2) Intentional or culpable
Simple or Ordinary
A. Elements:
1. The offender is a public accountable officer
2. He has custody or control of funds or property by reason of the duties of his office
3. The funds or property are public funds or property for which he was accountable
4. He appropriated, took, misappropriated or consented, or through abandonment or
negligence, permitted another person to take them
B. By whom committed:
1. Primarily only by an accountable public officer: one who has charge of public funds or
properties and is answerable therefore. If he takes property over which another officer is
accountable, he is guilty of theft
a). By reason of the functions of his office in that his primary functions pertain to
the receipt, care and custody of funds or property. Examples: treasurers, cashiers,
disbursing officers; Property Custodians, Clerks of Court, BIR/Customs Collectors;
Evidence Custodians. Also a policeman who confiscates contrabands or prohibited
articles from persons arrested. Policemen in custody of articles seized by virtue of a
search warrant
b). By reason of special designation or by reason of the fact that public funds or
properties are entrusted to him by his superior. Example: an employee is tasked to
get the salaries of the employees; or supplies are entrusted to a teacher for delivery
to the school; or medical supplies are sent to a municipality through the councilor.
2. by a private person:
a). Through conspiracy with the public officer
b). as an accomplice or accessory
c). Under Article 222 when he has charge of public funds or property or is the
depository or administrator of funds seized, attached or deposited by public
authority
(i). Forest Rangers seized several logs. The DENR Director deposited them with
Mr. X whom he also appointed to be the custodian until the DENR can get trucks
to transport the logs. If Mr. X uses the logs as firewood he is liable f or
malversation
(ii). The Sheriff deposited several household items which he attached from the
defendant. These were asked to be safe kept in the garage of Y who consented to
be the custodian. The articles were stolen because Y went on a vacation without
taking measures against theft. He is liable.
C. Property Subject of the crime
1. Public properties
a). Strictly public properties – those owned by the government or by the local
government units such as office equipment’s and supplies; guns and bullets issued to
the AFP or PNP members; vehicles and modes of transportations issued to a public
office; money paid or received as taxes, fines, payments, donations, or income or
cash in the public coffers.
(i). thus a policeman who goes on AWOL without returning his firearm is liable for
malversation
(ii). a driver who sells off the gasoline of the vehicle assigned to him as public
transport is guilty of malversation
(iii). the pharmacists of the government hospital who secretly sells the medicines
commits this crime
2.
Private properties:
a). If held in trust by a public office i.e. he has the duty to account of the
property, often referred to as “Trust Funds or Trust Properties”
(i). Money deposited by a party in court as cash bail bonds or redemption price
(ii). Private property deposited in court provided they have not been marked yet
as evidence; or when they are ordered o be returned to the owner as evidence
(iii). Property under attachment
(iv). Proceeds of a sweepstake ticket entrusted to a sales agent
(v). Articles the possession of which is prohibited, except for dangerous drugs, or
the effects or instruments of a crime in the possession of a policeman
b). Property in custody of a public office for a public purpose i.e private properties
impressed with public character.
Example: The sheriff who conducted an execution sale spent part of the money
realized from the sale instead of turning it over to the plaintiff. He is liable for
malversation because the proceeds are impressed with the character of public
funds.
Example: Blood kept by the Phil. National Red Cross
c). Private property considered as public by reason of the (i). Principle of Comingling in that all funds commingled with public funds or found in public vaults, are
presumed to be public funds/property and (ii) The Principle of Accretion
d). Private properties which were confiscated or seized even if deposited with a
private person
D. Acts of Malversation: How Committed
1. Intentional Acts:
(a). By appropriating: when the officer himself takes the property for his own use or
that of his family or that of a third person
(i). Thus loose changes taken by the officer constitute malversation as the loose
changes properly belong to the government.
(ii). Likewise, a collector who brings home funds or property and forgot to bring
them to his office, and is therefore found short by said amount, is guilty of
malversation.
(b). By misappropriating: the officer uses them for a different purpose even if a
public purpose but is not authorized to do so
(i). Thus a cashier who uses his collections to change the personal checks on
employees, even at a discount, and even if the checks are good, is guilty of
malversation. During the period of time the check is undergoing clearing by the
back, the government is already deprived of the use of the funds.
2. By abandonment or through negligence (culpable malversation)
(a). The custodian is expected to exercise utmost diligence and care to prevent the
public funds/properties under his custody from being lost, destroyed, damaged,
either by action of nature or by the acts of people. When these eventualities occur
due to his failure to take precautions or exercise care, then he becomes liable.
(b). If the funds were lost or destroyed the officer must make a prompt report and
prove the loss or destruction was not due to his fault or negligence
Thus the officer is liable even if it was a third person who took and appropriated
the property
Technical Malversation
This is often referred to as “Juggling of Funds” or “Realignment of Funds”. This is the
crime committed by a public officer who used or applied funds earmarked or appropriated
for a specific public purpose, for another public purpose.
1.
The funds involved should have been reserved by an appropriation ordinance for a
specific public purpose.
2.
If the fund were not yet earmarked for a specific public purpose, such as the
general fund, the crime is ordinary malversation
3.
If the funds earmarked for a public purpose were used for a private purpose, the
crime is ordinary malversation
4.
It is immaterial that the other pubic use is more beneficial to the public.
5.
The reason is that no public fund or property shall be spend except pursuant to an
appropriation or purpose specified by law
INFIDELITIES BY A PUBLIC OFFICER
These offenses involve unfaithfulness in the performance of duties amounting to a
violation of the public trust and confidence reposed in the officer.
Kinds: (1) In the Custody of Prisoners (2) In the Custody of Documents and;
(3) In the keeping of Secrets
Infidelity in the Custody of Prisoners
The crime refers to the act of a custodian of a prisoner in allowing or permitting
the prisoner to escape. This may be intentionally or by his negligence
Basis of the Penalty: (i) The public or private character of the person (ii) The status of
the prisoner who escaped and (iii) the circumstances under which the escape was made
Persons liable:
1. A Public officer whose function or duty consists primarily of taking custody of prisoners
such as personnel of the BJMP. At the time of the escape, the personnel must be on duty
otherwise his liability is for Delivering Prisoners from Jail
2. A Private person pursuant to Article 225 to whom the conveyance or custody of a
prisoner person or person under arrest was made
a). With respect to public officials, the person who escaped must be a prisoner
where as in infidelity by a private person, the individual may simply be a “person in
arrest” i.e one who has been lawfully arrested either with or without a warrant
b). If he lets go the prisoner due to a consideration he is liable also for bribery
Examples: A policeman arrested a robber whom he entrusted to X as the policeman still
had to chase the other robbers. X let the robber go. X committed infidelity
Kinds of Infidelity
1. Conniving with or consenting to the escape
a). This is committed by intentionally allowing a prisoner to escape either by active
participation, such as providing him with the means to escape or simply letting him
go, or by doing nothing to prevent his escape
b). If the custodian was bribed, there are two separate offenses
2. Through negligence which includes:
a). Failure to take precautionary measures to prevent the escape such as by not
checking on whether the facilities permits a escape; not checking on visitors who
may bring in tools with which to escape;
b). Becoming too familiar and friendly with the prisoners resulting to decrease in
vigilance
c). Laxity in escorting the prisoner or permitting him to go to places where he is not
supposed to be brought, such as a restaurant
d) There is no distinction between negligence which results merely to an
administrative liability and that which amounts to a willful non-performance of duty
Infidelity in the custody of documents
Removal, concealment or destruction of documents – Any public officer who shall
remove, destroy or conceal documents or papers officially entrusted to him, shall suffer:
1. The penalty or prision mayor and a fine not exceeding 1,000 pesos, whenever serious
damage shall have been caused thereby to a third party or to the public interest.
2. The penalty of prision correccional in its minimum and medium periods and a fine not
exceeding 1,000 pesos, whenever the damage caused to a third party or to the public
interest shall not have been serious.
In either case, the additional penalty of temporary special disqualification in its maximum
period to perpetual special disqualification shall be imposed.
Officer breaking seal – Any public officer charged with the custody of papers or property
sealed by proper authority, who shall break the seals or permit them to be broken, shall
suffer the penalties of prision correccional in its minimum and medium periods, temporary
special disqualification and a fine not exceeding 2,000 pesos.
Opening of closed documents – Any public officer not included in the provisions of the
next preceding article who, without proper authority, shall open or shall permit to be
opened any closed papers, documents or objects entrusted to his custody, shall suffer the
penalties of arresto mayor, temporary special disqualification and a fine not exceeding
2,000 pesos.
Section Three–Revelation of Secrets
Revelation of secrets by an officer – Any public officer who shall reveal any secret known
to him by reason of his official capacity, or shall wrongfully deliver papers or copies of
papers of which he may have charge and which should not be published, shall suffer the
penalties of prision correccional in its medium and maximum periods, perpetual special
disqualification and a fine not exceeding 2,000 pesos if the revelation of such secrets or
the delivery of such papers shall have caused serious damage to the public interest;
otherwise, the penalties of prision correccional in its minimum period, temporary special
disqualification and a fine not exceeding 500 pesos shall be imposed.
Public officer revealing secrets of private individual - Any public officer to whom the
secrets of any private individual shall become known by reason of his office who shall
reveal such secrets, shall suffer the penalties of arresto mayor and a fine not exceeding
1,000 pesos.
Make a collage with the use of clippings on the newspapers, magazines,
bulletins, and books on some issues public officers or government employees got
involved.
Lesson 4

CORRUPTION IN LAW ENFORCEMENT AND
MISCONDUCT
Police officers may be held liable for criminal, civil and administrative charges.
1. Neglect of Duty or Nonfeasance – is the omission or refusal, without sufficient
excuse, to perform an act or duty, which it was the peace officer’s legal obligation to
perform; it implies a duty as well as its breach and the fact can never be found in the
absence of duty.
2. Irregularities in the Performance of Duty or Misfeasance - is the improper
performance of some act which might lawfully be done.
3. Misconduct or Malfeasance – is any wrongful, improper or unlawful conduct motivated
by pre-meditated, obstinate or intentional purpose. It usually refers to transgression of
some established usually refers to transgression of some established and definite rule of
action, where no discretion is left except where necessity may demand; it does not
necessarily imply corruption or criminal intention;
4. Negligence- refers to the acts of carelessness. It is the failure to provide a proper or
reasonable level of care .The state of mind or intent is not essential.
5. Incompetence – is ignorance or the material lack of adequate ability and fitness for the
satisfactory performance of police duties. This refers to any physical, intellectual,
psychological and moral quality, the lack of which substantially incapacitates a person to
perform the duties of a police officer.
6. Oppression – imports an act of cruelty, severity, unlawful exaction, domination, or
excessive use of authority. The exercise of unlawful powers or other means, in depriving
an individual of his property or liberty against his will, is generally an act of oppression.
7. Dishonesty – is the concealment or distortion of truth in a matter of fact relevant to
one’s office, or connected with the performance of his duties (or connected with the
performance of his duties); and
8. Disloyalty to the Government – consists of the abandonment or renunciation of one’s
loyalty to the government of the Philippines, or advocating the overthrow of the
government, through overt or covert acts.
9. Violation of law presupposes conviction in court of any crime or offense penalized under
the Revised Penal Code or any special law or ordinances which are criminal in nature.
Types of police Deviance
1. Police Gratituity
2. Police Perjury
3. Police Brutality
4. SEX ON DUTY OR DUTY-RELATED
Gratuities– These are material favors or gifts in return for service; the
universal code of ethics for law enforcers disapproves of gratuities. The
lingo “pasasalamat” “padulas” and “pabagsak” are commonly used term for
gratuities.
A gratuity is something given voluntarily in return for or in anticipation of a
favor or service. By the mere definition of the word, it is unethical for police
officers to take gratuities. Based on this definition, few officers would oppose
that it is wrong to take a gift knowing that the giver expects a “professional
favor.” The real difficulty is determining whether the giver expects something.
Many people who give gratuities say they want nothing in return if asked, yet
expect “special treatment” when police services required.
 “Pasasalamat” refers to the acceptance of gifts, money or favor as a result
of an act performed by a police officer or public servant.
 “Pabagsak” is used to denote the giving of money or favor and acceptance
of any public to perform his/her functions.
 “Padulas” refers to the taking of money, gifts or favors from others by a
public servant to expedite the performance of official functions.
PABAGSAK
Karla's daughter went missing on the night of February 14. When she went to the police
station to report her daughter's disappearance, the officers advised her that they must wait
24 hours before initiating the investigation. Karla, unable to wait another day, then offered
PO3 Doria 10,000 in cash to begin the investigation. Despite the backlog of cases requiring
investigation, PO3 Doria accepted the money and immediately began investigating Karla's
daughter's case.
Techniques to avoid gratuities:
Police officers necessitate to be taught ways that they can tactfully and
with dignity avoid accepting gratuities and the accompanying embarrassment.
Below are some simple ways on how police officers can deal with offers of
gratuities.
a. Change your habits – Avoid routines and take breaks, eat meals, and fill out
reports at different times and places. If you are frequently seen in uniform
at the same coffee shop by the same people, even if your presence is
completely justified, the perception may build that this is how you spend
most of your working time.
b. Develop set replies for circumventing the offer of items such as free
coffee – Be familiar with the price of coffee and, on your way out, leave
that amount at the cash register, with or without a bill. No matter what the
cashier might articulate simply lay down the money, add a smile and a
“thank you,” and leave.
c. Cultivate set responses for declining free or half-priced food. – For
example, a police officer might reply, “No, I feel much better paying the
same as everyone else, but thanks for being thoughtful.” If the cashier
gives you a line of reasoning, even a well-meant one, place the money on
the counter and leave, with the simple “thank you.”
Police Perjury
This is usually a means to effect an act of corruption leaving out certain
pertinent pieces of information in order to "fix criminal prosecution.
"Dropsy" evidence is typical, where t officer testifies untruthfully that
he/she saw the offender drop some narcotics or contraband. Lies that
Miranda warnings have been given, when they haven't, are also typical.
Lying in court called "testilying", and police can do it coolly, they're trained
witnesses.
Police Brutality
It denotes the unreasonable and unnecessary use of force, commonly done
in effecting arrests of criminal offenders, fugitives from justice and suspects
or abuse in the manner of executing a warrant of arrest, search and seizure.
When a citizen charges police brutality, they may be referring to a number
of things, including:
- profane or abusive language
- commands to move or go home
- field stops and searches
- threats of implied violence
- prodding with a nightstick or approaching with a pistol
- the actual use of physical force
Police Profanity
There are many reasons why a police officer would use obscene and profane
language. Effective use of verbal communication is one of the skills
expected in police work Concepts such as "command voice" and "command
presence" are routinely taught at police training academies. The FCC
specifically condemns certain words on radio and television that are
"patently offensive", but there's no such mechanism for determining what's
offensive with interpersonal communication.
The following typology exists:
1. Words having religious connotations (e.g., hell, goddamn)
2. Words indicating excretory functions (e.g., shit, piss)
3. Words connected with sexual functions (e.g., fuck, prick)
Sex on duty or duty-related
Contacts with promiscuous females and minimal supervision are part of the
job. Sooner or later, every police officer will be propositioned. There are a
number of women who are attracted to the uniform or the aura of the
occupation. Every police officer will be able to tell you stories about police
"groupies". These are women who make the rounds by waving at officers,
getting them to stop or pull over, and then set up meetings to have sex with
them, or sometimes right then and there. A woman such as this typically has
sex with whole departments and hundreds of police officers. Other
situations involve:
1. Traffic stops- to get a closer look at the female or information about her
2. Fox hunting- stopping college girls to get the I'll do anything routine
3. Voyeurism- window peeping or interrupting lover’s lane couples
4. Victim re-contacts- consoling victims who have psychological needs
5. Opposite sex strip searches-touching and/or sex with jail inmates
6. Sexual shakedowns - letting prostitutes go if they perform sex acts
Corruption and Misconduct
Police supervisors must make every effort not only for the absence of corruption
and other forms of misconduct but, more importantly for integrity. In law enforcement,
integrity refers to personal commitment by each member of the department to do his or
her best to further the department’s goal of honorably and lawfully serving and protecting
the public. A police supervisor’s goal is to inhibit corruption and misconduct in ways that
simultaneously improve, or at least do not impair, the organization’s capacity to control
crime and meet community needs. Corruption is an officer’s misuse of police authority for
personal gain, while misconduct is nonconformity with police obligations. It encompasses
corruption and a host of other misdeeds.
 Corruption is a corrosive element which spreads like rust if it is not contained and
eliminated. “Rotten Apple Theory”. The culture of honest policing refers to the
barrel while corrupt behavior is a bad apple.
How Corruption is viewed:
 Police view – Most police officials behave toward corruption as a subject to be
avoided. The prevailing standpoint is often the less said the better. Despite the
fact that most police officials recognize corruption to be a recurring and persistent
problem, not all concede that it is a serious one. This is the prevalent notion so
even in departments with an acknowledged history of police wrongdoing.
 Public view – Police wrongdoing often provokes a public a feeling of betrayal.
Citizens expect officers to be upright, honorable and dependable – they do not
expect officers to work together with criminals any more than they expect doctors
to spread disease.
- Police agencies must establish clear and concise policies and guidelines for
performance. Law abiding officers may be willing to make available information about the
criminal behavior of other officers; however, in police departments with significant
corruption problems, high officials may be straightforward, but negligent in preventing
and detecting wrongdoing by subordinates. Police agencies must employ preventive
controls, such as a solid inspection system to discover problems before they happen.
Blind Loyalty of Police Officers
1. The bond of brotherhood. – From the moment a new police recruit is sworn in, the
bond of brotherhood begins. Initially, rookies see all senior officers as role models
and they look to them for approval, advice and guidance. Comradeship and esprit
de corps is stronger in law enforcement than in most other occupations.
2. The development of trust. – The “street” has a technique of demanding
camaraderie. The phrase “taking care of your own” take on a special meaning.
Watching out for one another is something officers do on the street. They have to
be able to trust their fellow police officers. Anyone who has been on the street
comprehends that loyalty to one another is fundamental. It would be difficult to
survive without it.
The tolerance of corruption – Even police officers who are honest sometimes tolerate
corruption. They keep silent about it and act as if not to know what other officers are
doing because they have to work with and depend on them for backup. If cross-examined
by an investigator from the internal affairs unit. They may go far to avoid telling the
truth. The premise of not snitching, or informing, on fellow officers is well-known. Once
caught, the corrupt officer has much the same attitude, refusing to incriminate others
officers, not only from fear but also from loyalty. To some officers, the most serious
accusation that can be cast upon another officer is that he or she violated the code of
silence and provided information to internal affairs investigators.
Supervisors & Police Corruption
Occasionally police corruption is ignored by supervisors and internal affairs
investigators – not so much to avoid punishing wrongdoers, but because it makes the
department “look bad.” Do you think police corruption should be ignored for the sake of
avoiding shame to the agency; perhaps personal embarrassment to honest officers, who
will suffer from being associated with corrupt police in the minds of the public, their
colleagues, and families?
“Bad cops” – Loyalty is an important component of a unified police agency, but it
does not include the “bad cop” who thinks other officers will not speak up about his or her
corruption. Corrupt and depraved police officers do not care about law enforcement, the
people they are sworn to protect, or fellow officers. They only care about themselves. It
is imperative to think about what and who would be protected if one were to keep silent
as another officer stole or committed perjury. In a profession sworn to the service and
protection of others, those who intimidate, deceive, steal, or otherwise take advantage of
others, should be separated from service and filed with the corresponding appropriate
charges. If one is going to be a police officer and be good at the job, he or she must have
the audacity and courage to stand up for what is right in all situations.
Forms of Police Corruption
The term police corruption is often used in allusion to all kinds of wrongful police
conduct, including brutality or excessive use of force, racial discrimination, and perjury.
Corruption includes a wide range of misconduct.
It can be the acceptance of large
payoffs from gamblers and drug dealers in return for granting them exemption from
arrest. It can also be the receiving of common, small “gifts” such as bottles of liquor or
small sums of money in return for performing some minor favor, such as permitting illegal
parking.
The following defines and details the characteristics of the major categories of
corruption engaged in by police.
1.
Negotiable graft refers to mutual bargaining behavior engaged in between officers
and criminals. The police officer who arrests a drug dealer may bargain a payoff or extort
money from him or her. Police may be susceptible to proposals from vice and drug
dealers, not only because of the money to be made, but also as a consequence of public
apathy towards enforcement. During the 1980s, drug trafficking surpassed gambling as the
most lucrative opportunity for graft in much of the world. Police involvement in drug
trafficking is perhaps greater than news accounts indicate. The absence of reports of
drug-related misconduct in a large urban department may imply the presence of honest
officers; however, it may just as easily suggest a failure to investigate by police
administrators. Upon the enactment of RA 9165, the PDEA was created to assume and
fulfill the role of law enforcement in the fight against the illegal drugs trade.
2.
Extortion refers to the practice of solicitation of money or favors by officers in
return for ignoring violations of the law. Increase on negotiable graft becomes direct
extortion, a practice engaged in by a small percentage of police. “Victimless crimes” such
as gambling and prostitution are often preferred targets of the extortionist. Those
involved will often pay money or offer business services to officers in return for
information pertaining to pending raids or open arrest warrants. The officers who engage
in such activities are “entrepreneurs” who are determined to make as much money as
possible and are unlikely to be dissuaded by any sanction short of arrest.
3.
Acceptance of petty bribes – In addition to vice and narcotics, many activities
provide occasions for graft. A familiar situation is that of the motorist who is stopped for
a traffic violation, such as speeding or ignoring a red light. Desiring to avoid spending a
day in court, paying a fine and higher insurance premiums, or losing driving privileges, the
motorist offers the officer a small bribe. In some cities, such petty bribery is son
customary that drivers fold money, along with their driver’s license, in a plastic container
before passing it to the officer. The officer can remove the money without alerting
passers-by that he or she is taking a bribe. In the same way, the professional criminal,
when arrested, may seek to avoid prosecution by making a payoff to the arresting officer.
4.
Taking kickbacks and similar rewards - An officer who is used to accepting small
rewards may become greedier over time. Setting-up “relationships” with businesses can
provide additional opportunities for income. Officers who refer customers to these
businesses can collect a “kickback.” A kickback refers to money or something of value
given to the officer by a “business” in exchange for consideration.
Working
“relationships” are often created between police officers and those who provide services
in times of crisis (undertakers, bondsmen, criminal lawyers, tow truck drivers and doctor.)
With an inexperienced person, the officer may approach him or her as a helpful friend.
The officer acts as though he or she is doing the suspect a favor and steers him to a
bondsman or attorney with the motive of receiving a kickback.
5.
Opportunistic Theft – Another form of corruption may be characterized as
opportunistic theft. This is a theft that arises naturally out of the performance of an
officer’s routine duties. An officer is called upon to assist a drunk or injured citizen and
holds onto the individual’s personal items during the incident. The officer may remove
cash or other valuables, thinking that the person will not remember what happened.
Another example would be an officer who is investigating the scene of a burglary and finds
money in a drawer. The officer lists the money as stolen and pockets it.
6.
Taking bribes from other officers. – Another significant form of corruption is that
which occurs among officers. Some examples are street officers who pay inside officers to
fabricate attendance records, influence vacations and days off, and report them as being
on duty when they are not. Internal payoffs provide a way in which police on the street
carve up illegal gains with those working inside, who have fewer opportunities for
corruption. It is safe to take a broad view that wherever there is widespread corruption
between police and citizens, there are likely to be payoffs among police officers as well.
Give example scenarios on the three (3) kinds of gratuities: Pasasalamat,
Pabagsak, and Padulas

LEARNING ACTIVITIES
This Activity is comprised of four (4) questioning type namely:
Identification, Modified True or False, Fill in the Blanks, and Case Analysis.
Answer the following questions base on the instructions attached. Good
luck!
3.1 IDENTIFICATION (2points each): Identify the answer corresponds to each
question. Write your answer on the space provided before the number.
_____________1. Is any person who is graduate of the degree of Criminology, who has
passed examination for criminologists and is registered such by the Board of Criminology.
_______________2. It includes the act of accepting directly or indirectly, a gift from a
person other than a member of his family or relative as defined in this Act, even on the
occasion of a family celebration or national festivity like Christmas, if the value of the gift
is neither nominal nor insignificant, or the gift is given in anticipation of, or in exchange
for, a favor.
_______________3. In a profession sworn to the service and protection of others, those
who intimidate, deceive, steal, or otherwise take advantage of others.
_______________4. Those involved will often pay money or offer business services to
officers in return for information pertaining to pending raids or open arrest warrants.
_______________5. It is dishonesty or fraudulent conduct by those in power,
typically involving bribery.
_____________6. They shall be prepared for heroic sacrifice and genuine selflessness in
carrying out their professional duties even at the expense of personal gain.
_______________7. This shall be temporarily adopted pending formulation of a more
specific code that embraces all aspects of Criminology.
_______________8. All professionals shall treat their colleagues with respect and shall
strive to be fair in their dealings with one another.
_______________9. This was enacted to fortify the principle that public office is a public
trust. Also the provision of the Revised Penal Code is inadequate to cover all situations
and acts whereby a public officer performs an act inimical to public service.
_______________10. Any public officer who, by himself or in connivance with
members of his family, relatives by affinity or consanguinity, business associates,
subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth
through a combination or series of overt or criminal acts
_____________11. This is any person who, by direct provision of the law, popular
election or appointment by competent authority, shall take part in the performance of
public functions in the Government of the Philippine Islands.
______________12. Every professional shall remain open to challenges of a more
dynamic interconnected world.
______________13. An act establishing a code of conduct and ethical standards for
public officials and employees, to uphold the time-honored principle of public
office being a public trust, granting incentives and rewards for exemplary service,
enumerating prohibited acts and transactions and providing penalties for violations
thereof and for other purposes. When this was implemented?
______________14. Public officers and employees must at all times be accountable to
the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act
with patriotism and justice, and lead modest life.
______________15. This is also known as "The Philippine Criminology Profession Act
of 2018".
3.2 MODIFIED TRUE OR FALSE (2points each)
I. Write the word TRUE if the statement is correct and if not, underline the
word or statement that sentence incorrect and write the correct answer on the
space provided.
_____________1. Negotiable refers to mutual bargaining behavior engaged in between
officers and criminals.
_________________2. An envelope was left on top of the desk of officer. The officer
called his staff and told them to use the entire amount to buy food and snacks. This is
direct bribery.
_________________3. They shall at all times respect the rights of others, and shall refrain
from doing acts contrary to law, good morals, good customs, public policy, public order,
public safety and public interest.
_________________4. A reward refers to money or something of value given to the officer
by a business in exchange for consideration.
_________________5. Violation of law presupposes conviction in court of any crime or
offense penalized under the Revised Penal Code or any special law or ordinances which
are criminal in nature.
_________________6. This is a robbery that arises naturally out of the performance of an
officer’s routine duties.
_________________7. Bribery is a crime committed by any public officer who is entrusted
with the law enforcement and he refrains from arresting or prosecuting an offender who
as committed a crime punishable by reclusion perpetua and/or death in consideration of
any offer, promise, gift or present.
II. Write the word RIGHT if the statement is correct and WRONG if it is not.
_____________8. To perform his/her functions well, public officers should have
pabagsak and get money or favor to the community.
________________9. The sheriff who conducted an execution sale spent part of the money
realized from the sale instead of turning it over to the plaintiff.
________________10. He shall not cooperate fully with fellow criminologists regardless of
personal prejudice.
________________11. The killers, including police and independent gangs of men on
motorcycles reportedly affiliated with the police, have not experienced legal action.
________________12. Law enforcement killed more than 12,000 people during the drug
war, and Human Rights Watch has urged Albayalde to consider the rights of the
population.
________________13. The police often produce false testimonies and plant evidence on
people before detaining them and sometimes murdering them.
______________14. The mayor of a city has a fiduciary responsibility to the people who
elected him or her. The people who voted the mayor into office want a trustworthy
mayor, one who administers the office with honesty, integrity, and fairness.
________________15. The public official of our municipality has a heart for the people in
a way that they are willing to sacrifice their personal time and life just to save the
community from the flashflood and typhoons.
3.3 FILL IN THE BLANKS (2 points each). Supply the correct answer of each
statement.
1. The first duty of a ______________ as upholder of the law is to know its bounds upon
him, be aware of ______________ and prescriptions and recognize the system of
government that gives to no man group or institution absolute power.
2. _______________ and employees shall commit themselves to the democratic way of life
and values, maintain the principle of _______________, and manifest by deeds the
supremacy of civilian authority over the military.
3. The _______________ is not an individual. It is a _____________ of all people, who have
equal rights before it and all who have the right not to be harmed by it.
4. __________________ in the government service is commonly accused of
________________ conduct in the performance of their official functions.
5. He must strive to elevate the standing of the profession in the _____________,
strengthen public ___________ in law enforcement, develop and maintain
complete support and cooperation of the public and insure the effectiveness by
encouraging complete cooperation of members for their mutual benefit.
6. They shall accept as a _______________ and responsibility as citizens to support
the Constitution of the Philippines and as a ______________ to defend the
principles of liberty as defined in the Constitution and Laws.
7. __________________ shall be eligible for appointment as ______________ in chartered
cities and municipalities, provided they possess the general qualifications for
appointment, provided in Section nine, Republic Act Numbered Forty-eight hundred and
sixty-four.
8. He shall ____________ with _______________ and public officials to the end
that the safety and general welfare of the public will be assured, never permitting
jealousies or personal differences to influence their professional duties and
obligations.
9. The criminologists shall strive to make the best application of science to the
_________________, by diligent study and sincere attention to self - improvement,
and in the fields of ________________, strive for effective leadership and public
influence in matters affecting public safety.
10. The term _________________ is often used in allusion to all kinds of wrongful police
conduct, including brutality or excessive use of force, racial discrimination, and perjury.
______________ includes a wide range of misconduct.
3.4 CASE ANALYSIS (10points each): Read and examine the case thoroughly.
Defend your answer wisely.
1. On the way of escorting a Person Deprived of Liberty on the court, JO1 Kuma Poy
handcuffed his prisoner to a jeepney asking the driver to watch over the latter because
the escort went to help a blind man cross the street. The driver removed the handcuffs
when the wife of the prisoner paid him. He is liable for what crime and why?
2. Judge Ann Dude is handling the case Manlulo Co on the crime of murder. After
the first hearing of the said case the judge and the family of Manlulo Co went to a
restaurant. They ordered food and ate together, as they finished their meal the
latter paid their meal. What do you think Judge Ann Dude is liable of? Why?