Learning Module 1- Philosophy of Ethics, Morality, Standard Behavior, Values and Social Norms CRIM4 Professional Conduct & Ethical Standards Module Overview WELCOME TO OUR MODULE 1 IN OUR COURSE PROFESSIONAL CONDUCT AND ETHICAL STANDARDS! Hi! I hope this module finds you well! In this module, you will learn the following basic concepts: ethics, morality, morale, professional and police ethics, cardinal virtues, and other important terms to ponder under general and special ethics. What to Expect The expected tasks in this module include video conferencing, reading, watching videos, watching pre-recorded lectures or discussions, participating in the discussion board, doing assignments, answering reflection and essay questions and taking the required quiz. This module is organized in this way: Sections Duration 1. Module Learning Outcomes 5 minutes 2. Pre-Discussion Activities 30 minutes 3. Discussion 3 hours 4. Requirement: Assignment and answering of reflection questions; submissions of performance tasks; taking the required quiz. 2 hours and 25 minutes Total Number of Hours: 6 hours 1 School of Criminal Justice Learning Module 1- Philosophy of Ethics, Morality, Standard Behavior, Values and Social Norms CRIM4 Professional Conduct & Ethical Standards Module Learning Outcomes Content Standard The students will understand the following: 1. Ethics and its divisions; 2. Morals and morality; 3. Police and professional ethics; 4. Values and its types; 5. Cardinal virtues; 6. Code of conduct; and 7. Important terms to ponder in relation to police ethics. Performance Standard ______________________________________________________________________ Pre-Discussion Activities: 2 School of Criminal Justice Learning Module 1- Philosophy of Ethics, Morality, Standard Behavior, Values and Social Norms CRIM4 Professional Conduct & Ethical Standards Discussion Motivation: Teacher shows Online Learning Pictures related to the topic or to this module. “INTRODUCTION TO ETHICS AND MORALITY” ETHICS The science of the morality of human acts Is the study of standards of custody and moral judgment. Oftentimes it is referred to as the moral philosophy. It is a science that deals with the philosophical study of morality. study and philosophy of human conduct, emphasizing the determination of right and wrong or to the basic principles of right action the study and analysis of what constitutes good or bad conduct. Science of the morality of man. Derived from the Latin word, ethos, which means customary, behavior or moral. The two Latin words “ethicus” and Greek “ethikos” have the same meaning which customary. MORALITY The quality which makes an act good or bad, good or evil, right or wrong. Morality comes from the Latin word "mores" which signifies conduct and refers to behavior of people, which is valuable and which enhance dignity of the individual. 3 School of Criminal Justice Learning Module 1- Philosophy of Ethics, Morality, Standard Behavior, Values and Social Norms CRIM4 Professional Conduct & Ethical Standards WHAT IS MORALE? Morale refers or deals on personal dignity. It pertains to manners relates to, deals with or capable of making the distinction between right and wrong conduct. MORAL DISTINCTIONS “Classification of actions according to the norms of morality” A. Moral - good or rightful actions B. Immoral - bad or wrongful actions C. Amoral - neither good nor bad actions (indifferent) Moral Actions Are those actions which are in conformity with the norm of morality. Immoral Actions Are those actions which are not in conformity with the norm of morality. Amoral Actions Are those actions which stand neutral in relation to the norm of morality. They are neither good nor bad in themselves. But certain amoral actions may become good or bad because of the circumstances attendant to them. HUMAN ACTS Acts that are done knowingly, deliberately and freely 4 School of Criminal Justice Learning Module 1- Philosophy of Ethics, Morality, Standard Behavior, Values and Social Norms CRIM4 Professional Conduct & Ethical Standards ELEMENTS OF HUMAN ACTS A. KNOWINGLY when the person fully understands what he is doing and has the ability to appreciate the consequences of his actions B. DELIBERATELY when the person did his actions intentionally C. FREELY when the person performed his actions voluntarily Voluntariness came from the Latin word “voluntas” referring to the “Will”. Voluntariness is essential to an act. Perfect voluntariness is present in a person who fully knows and fully intends an act. Imperfect voluntariness is present in a person act without fully realizing what he means to do, or without fully intending the act. Ignorance A modifier of human act Absence of knowledge which a person ought to posses “Ignorance of the law excuses no one” Implies that no one should not act in the state of ignorance and that no one who has done wrong may not claim ignorance as a defense. 5 School of Criminal Justice Learning Module 1- Philosophy of Ethics, Morality, Standard Behavior, Values and Social Norms CRIM4 Professional Conduct & Ethical Standards WHAT IS CONDUCT? Conduct is personal behavior. In ethics, it is the voluntary control and direction of one's activities toward moral and spiritual development. WHAT IS A CODE? A Code is any accepted system of rules and regulations pertaining to a given subject. Why Does the PNP Need a Code of Professional Conduct and Ethical Standards A Code of Professional Conduct' and Ethical Standards is needed by the PNP because: 1. The PNP that was established by virtue of RA 6975 mandated the establishment of a highly professionalized, efficient and competent police force. 2. The PNP seemed it imperative to establish a Code that will serve to facilitate the renewal of commitment of its members to act and behave according to the tenets expected of a true law enforcement officer. 6 School of Criminal Justice Learning Module 1- Philosophy of Ethics, Morality, Standard Behavior, Values and Social Norms CRIM4 Professional Conduct & Ethical Standards Are All Members of the PNP required to follow the Provisions of the Code? It is a policy that all members of this PNP shall fully abide and adhere to the provisions of the Code of Professional Conduct and Ethical Standards. What is expected on the Members of the PNP? Truly professionalized and dedicated law enforcers shall: 1. Promote peace and order, ensure public safety, and enhance community participation, guided by the principle that a public office is a public trust, and that all public servants must at all time be accountable to the people. 2. Serve with utmost responsibility, integrity, morality, loyalty and efficiency with due respect from human rights and dignity as a hallmark of a democratic society. 3. Bear faithful allegiance to the legitimate government, support and uphold the Constitution, respect the duly constituted authority and be loyal to the police service. TWO DIVISIONS OF ETHICS 1. GENERAL ETHICS the study of the general principles of morality 2. SPECIAL ETHICS the study of the application of the general principles of morality; included in this division is the category of professional ethics 7 School of Criminal Justice Learning Module 1- Philosophy of Ethics, Morality, Standard Behavior, Values and Social Norms CRIM4 Professional Conduct & Ethical Standards PROFESSIONAL ETHICS a set of moral code to which every profession must subscribe guides the professional where the law is silent or inadequate POLICE ETHICS an example of professional ethics a practical science that treats the principle of human morality and duty as applied to law enforcement. VALUES anything that a person considers important in life, such as material things, ideas and experiences KINDS OF VALUES 1. BIOLOGICAL VALUES those that are necessary for survival, such as food, shelter, clothing, sex, water, sleep include the physiological needs of man as man 2. PSYCHOLOGICAL VALUES those are that are necessary for emotional fulfillment of man, such as relationships, companionship, family, friendships, love 3. INTELLECTUAL VALUES 8 School of Criminal Justice Learning Module 1- Philosophy of Ethics, Morality, Standard Behavior, Values and Social Norms CRIM4 Professional Conduct & Ethical Standards those that are necessary for the intellectual fulfillment of man, such as achievements, career, success 4. MORAL VALUES those that are necessary for the spiritual fulfillment of man VIRTUE a habit that inclines the person to act in a way that harmonizes with his nature the habit of doing good the opposite is vice, the habit of doing bad FOUR MORAL/CARDINAL VIRTUES 1) PRUDENCE It is characterized by “being careful about one’s choice”, not taking undue risks, and not saying or doing thing that might later be regretted. The ability to govern and discipline oneself by means of reason and sound judgment The virtue that attracts the intellect to choose the most effective means for accomplishing what is morally good and avoiding what is evil 2) JUSTICE The virtue that inclines the will to give to each one of his rights It is the concept of moral rightness based on ethics, rationality, law, natural law, religion, fairness, or equity, along with the punishment of the breach of the said ethics. 9 School of Criminal Justice Learning Module 1- Philosophy of Ethics, Morality, Standard Behavior, Values and Social Norms CRIM4 Professional Conduct & Ethical Standards Variations of Justice: 1. Utilitarianism It is a form of consequentialism, where punishment is forward looking. Justified by the ability to achieve future social benefits resulting in crime reduction, the moral worth of an action is determined by its outcome. 2. Retributive Justice It regulates proportionate response to crime proven by lawful evidence, so that punishment is justly imposed and considered as morally correct and fully deserved. The law of retaliation or lex talionis is a military theory of retributive justice, which says that reciprocity should be equal to the wrong suffered. “Life for life, wound for wound, stripe for stripe” 3. Restorative Justice It is concerned not so much with retribution and punishment as with making the victim whole and reintegrating the offender into society. The approach frequently brings an offender and the victim together, so that the offender can better understand the effect his or her offense hand on the victim. 3) TEMPERANCE One’s ability to moderate or avoid something, for its believed that no virtue could be sustained in the face of inability to control oneself, if the virtue was opposed to some desire. The virtue that is generally defined by control over excess, so that it has many classes, such as abstinence, chastity, sexual desire, vanity or anger. 4) FORTITUDE 10 Commonly called “courage” School of Criminal Justice Learning Module 1- Philosophy of Ethics, Morality, Standard Behavior, Values and Social Norms CRIM4 Professional Conduct & Ethical Standards The strength or firmness of the mind that enables a person to face danger, pain. The courage to endure without yielding The virtue that incites courage The person exercising fortitude is willing to put himself in danger if necessary. a. PATIENCE – calmness and composure in enduring situations b. PERSEVERANCE – the ability to go on despite the obstacles c. ENDURANCE – the ability to last IMPORTANT TERMS TO PONDER ABOUT POLICE ETHICS These are some of the terms that are related to the study of professional conduct and ethical standards. Some of these terms describe the acts at violate the PNP professional conduct and ethical doctrines. CRIME An act committed or omitted in violation of a law, forbidding or commanding it. Simple malfeasance, misfeasance, or nonfeasance by public servants or police officers that violates the provisions of the RPC and other statutes may constitute the commission of a crime. DISHONESTY The concealment or distortion of truth in a manners of a fact relevant to one’s office or connected with the performance of his duties. 11 School of Criminal Justice Learning Module 1- Philosophy of Ethics, Morality, Standard Behavior, Values and Social Norms CRIM4 Professional Conduct & Ethical Standards DISLOYALTY TO THE GOVERNMENT Consist of abandonment or renunciation of one’s loyalty to the government of the Philippines or advocating to overthrow the present administration ETHICAL STANDARD Refers to the conduct and behavior governing a group, a class, or organization. GIFT Refers to the thing or right disposed gratuitously, or any act of liberty in favor of another who accepts it, and shall include a simulated sale or ostensibly onerous disposition thereof. INCOMPETENCY It is manifested by lack of adequate ability and fitness for the satisfactory performance of police duties; could be due to physical or intellectual limitations or lack of skill to perform the duties of peace officers. MALFEASANCE The commission of an act that one is prohibited to do or performance of some act which ought not to be done. It is the doing either through ignorance, inattention or malice, of that which the officer had no legal right to do at all, as when he acts without any authority whatsoever, or exceeds, ignores or abuses his powers. MISFEASANCE Otherwise known as “irregularities in the performance of duties” The improper or incorrect performance of an act that should be done or performed Improper performance of some act which might be lawfully be done or the performance of a lawful act in an unlawfully or culpably negligent manner. 12 School of Criminal Justice Learning Module 1- Philosophy of Ethics, Morality, Standard Behavior, Values and Social Norms CRIM4 Professional Conduct & Ethical Standards MORALS AND MORALITY It refers to what is judged as good conduct. The term moral is also used to describe someone who has the capacity to make value judgments and discernment from wrong. MOONLIGHTING An act of a member of a PNP pursuing or following any calling or occupation or the act of engaging in any business, which includes but not limited to all activities, jobs, work and similar functions, performed, engaged in, or undertaken by him, in or off duty hours with or without compensation, which is inconsistent or incompatible with the PNP duties and or functions. NON-FEASANCE or Neglect of Duty The failure to perform an act or duty that is part of one’s obligation without sufficient excuse Performance of some act which is unlawful or wrongful or which one has specially contracted not to perform or it sometimes called official misconduct. OPPRESSION The act of cruelty, severity, unlawful execution or excessive use authority. POLICE CUSTOMS AND TRADITIONS A set of norms and standards practiced by members during social and other functions. POLICE DISCRETION The act or the liberty to decide according to the principles of justice and the police officer’s ideas of what is right and proper under the circumstances. 13 School of Criminal Justice Learning Module 1- Philosophy of Ethics, Morality, Standard Behavior, Values and Social Norms CRIM4 Professional Conduct & Ethical Standards POLICE ETHICS It is the principal science that treats the principle of human morality and duty as applied to law enforcement. PROFESSIONAL CONDUCT It refers to the set of the behavioral standards governing a particular profession or professionals. VIOLATION OF LAW It presupposes conviction in any court of any crime or offense penalized under the Revised Penal Code or any special laws or ordinances. Prepared by: Mark John M. Pangan, RCrim, MSCJ Instructor 14 School of Criminal Justice Learning Module 2- Professional Conduct & Ethical Standards in view of Human Rights and Victims Welfare CRIM4 Professional Conduct & Ethical Standards Module Overview WELCOME TO OUR MODULE 3 IN OUR COURSE PROFESSIONAL CONDUCT AND ETHICAL STANDARDS! Hi! I hope this module finds you well! In this module, you will learn about human rights as protected by the law and the constitution, bill of rights of a person, types of duties, constitutional and statutory rights of the accused and victim’s welfare. What to Expect The expected tasks in this module include video conferencing, reading, watching videos, watching pre-recorded lectures or discussions, participating in the discussion board, doing assignments and answering reflection and essay questions. This module is organized in this way: Sections Duration 1. Module Learning Outcomes 5 minutes 2. Pre-Discussion Activities 1 hour 3. Discussion 3 hours 4. Requirement: Assignment and answering of reflection questions 1 hour and 55 minutes Total Number of Hours: 6 hours 1 School of Criminal Justice Learning Module 2- Professional Conduct & Ethical Standards in view of Human Rights and Victims Welfare CRIM4 Professional Conduct & Ethical Standards Module Learning Outcomes Content Standard The students will understand the following: 1. 2. 3. 4. Rights accorded to human or human rights; Bill of rights enshrined under the 1987 Philippine Constitution; Types of duties; and Constitutional and statutory rights of the accused and victim’s welfare. Performance Standard ______________________________________________________________________ Pre-Discussion Activities: 2 School of Criminal Justice Learning Module 2- Professional Conduct & Ethical Standards in view of Human Rights and Victims Welfare CRIM4 Professional Conduct & Ethical Standards Discussion Motivation: Teacher shows Online Learning Pictures relating to Rights and Duties of a person “Man us born with rights and duties and having rights is an attribute of a person.” That is why we have Commission on Human Rights that addresses violations of such rights. “We insist on our rights but ignore our duties. Duties however are more fundamental than rights. The duty to do good and to avoid evil is above all rights. RIGHT Objectively: It is anything that is owed or due Subjectively: that is, residing in a person, right is a moral power, bound to be respected by others, of doing, possessing, or requiring something. something to which a person has a just and lawful claim anything that a person can lawfully demand HUMAN RIGHTS rights pertaining to the rights of man rights inherent to man by virtue of being a human being are the supreme, inherent and inalienable rights to life, dignity and to selfdevelopment 3 School of Criminal Justice Learning Module 2- Professional Conduct & Ethical Standards in view of Human Rights and Victims Welfare CRIM4 Professional Conduct & Ethical Standards BASIC HUMAN RIGHTS 1. RIGHT TO LIFE Exceptions: self-defense death under exceptional circumstances death penalty 2. RIGHT TO LIBERTY Exceptions: for reasons of public health and public safety penalty for commission of a crime circumstances of warrantless arrests 3. RIGHT TO PROPERTY Exceptions: circumstances of warrantless search by virtue of court order BILL OF RIGHTS a list of individual liberties, freedom and rights which are guaranteed and protected under Article III of the 1987 Philippine Constitution protection of individuals against abuses of the state protection of the rights of an accused DUTY Objectively: It is anything we are obliged to do or to omit Subjectively: It is a moral obligation incumbent upon a person of doing, omitting or avoiding something. Note: Duty is defined by law, any willful neglect of duty makes the person accountable for such act. Kinds of Duties 1. Natural Duties Are those imposed by natural law such as the duty to care for our health. 2. Affirmative Duties Are those which require the performance of a certain act, such as casting a ballot during election, applying for a business license, etc. 4 School of Criminal Justice Learning Module 2- Professional Conduct & Ethical Standards in view of Human Rights and Victims Welfare CRIM4 Professional Conduct & Ethical Standards 3. Positive Duties Are those imposed by a human positive law such as the duty to pay taxes and to observe traffic rules. 4. Negative Duties Are those which require the omission of a certain act such as not carrying illegal firearms, or not destroying the property of others. THE “BILL OF RIGHTS” The bill of rights is a list of rights pertaining to persons. These rights are recognized, guaranteed, and protected against invasion, reduction or destruction. ARTICLE III of the 1987 Philippine Constitution provides for the bill of rights as follows: SECTION 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. SECTION 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. SECTION 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. SECTION 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. SECTION 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. 5 School of Criminal Justice Learning Module 2- Professional Conduct & Ethical Standards in view of Human Rights and Victims Welfare CRIM4 Professional Conduct & Ethical Standards SECTION 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law. SECTION 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. SECTION 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. SECTION 9. Private property shall not be taken for public use without just compensation. SECTION 10. No law impairing the obligation of contracts shall be passed. SECTION 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. SECTION 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. (4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families. SECTION 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail 6 School of Criminal Justice Learning Module 2- Professional Conduct & Ethical Standards in view of Human Rights and Victims Welfare CRIM4 Professional Conduct & Ethical Standards shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required. SECTION 14. (1) No person shall be held to answer for a criminal offense without due process of law. (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable. SECTION 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it. SECTION 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. SECTION 17. No person shall be compelled to be a witness against himself. SECTION 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. SECTION 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. (2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. SECTION 20. No person shall be imprisoned for debt or non-payment of a poll tax. SECTION 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. 7 School of Criminal Justice Learning Module 2- Professional Conduct & Ethical Standards in view of Human Rights and Victims Welfare CRIM4 Professional Conduct & Ethical Standards SECTION 22. No ex post facto law or bill of attainder shall be enacted. REPUBLIC ACT NO. 7438 APRIL 27, 1992 AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers. – (a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel. (b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates any person for the commission of an offense shall inform the latter, in a language known to and understood by him, of his rights to remain silent and to have competent and independent counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under custodial investigation. If such person cannot afford the services of his own counsel, he must be provided with a competent and independent counsel by the investigating officer. (c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that before such report is signed, or thumb marked if the person arrested or detained does not know how to read and write, it shall be read and adequately explained to him by his counsel or by the assisting counsel provided by the investigating officer in the language or dialect known to such arrested or detained person, otherwise, such investigation report shall be null and void and of no effect whatsoever. (d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in writing and signed by such person in the presence of his counsel or in the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in any proceeding. (e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or under custodial investigation, shall be in writing and signed by 8 School of Criminal Justice Learning Module 2- Professional Conduct & Ethical Standards in view of Human Rights and Victims Welfare CRIM4 Professional Conduct & Ethical Standards such person in the presence of his counsel; otherwise the waiver shall be null and void and of no effect. (f) Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any member of his immediate family, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, or by any national non-governmental organization duly accredited by the Commission on Human Rights of by any international non-governmental organization duly accredited by the Office of the President. The person's "immediate family" shall include his or her spouse, fiancé or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward. As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the "inviting" officer for any violation of law. RULE 115 of REVISED RULES ON CRIMINAL PROCEDURE Rights of Accused Section 1. Rights of accused at the trial. — In all criminal prosecutions, the accused shall be entitled to the following rights: (a) To be presumed innocent until the contrary is proved beyond reasonable doubt. (b) To be informed of the nature and cause of the accusation against him. (c) To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of the judgment. The accused may, however, waive his presence at the trial pursuant to the stipulations set forth in his bail, unless his presence is specifically ordered by the court for purposes of identification. The absence of the accused without justifiable cause at the trial of which he had notice shall be considered a waiver of his right to be present thereat. When an accused under custody escapes, he shall be deemed to have waived his right to be present on all subsequent trial dates until custody over him is regained. Upon motion, the accused may be allowed to defend himself in person when it sufficiently appears to the court that he can properly protect his right without the assistance of counsel. 9 School of Criminal Justice Learning Module 2- Professional Conduct & Ethical Standards in view of Human Rights and Victims Welfare CRIM4 Professional Conduct & Ethical Standards (d) To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination. His silence shall not in any manner prejudice him. (e) To be exempt from being compelled to be a witness against himself. (f) To confront and cross-examine the witnesses against him at the trial. Either party may utilize as part of its evidence the testimony of a witness who is deceased, out of or can not with due diligence be found in the Philippines, unavailable or otherwise unable to testify, given in another case or proceeding, judicial or administrative, involving the same parties and subject matter, the adverse party having the opportunity to cross-examine him. (g) To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf. (h) To have speedy, impartial and public trial. (i) To appeal in all cases allowed and in the manner prescribed by law. 10 School of Criminal Justice Learning Module 3- LAW ENFORCEMENT CODE OF ETHICS CRIM4 Professional Conduct & Ethical Standards Module Overview Hi! I hope this module finds you well! In this module, you will learn about the principles of policing introduced by Sir Robert Peel and the “Law Enforcement Code of Ethics” where every law enforcers must adhere to as their basic guiding principles. What to Expect The expected tasks in this module include video conferencing, reading, watching videos, watching pre-recorded lectures or discussions, participating in the discussion board, doing assignments and answering reflection and essay questions. This module is organized in this way: Sections Duration 1. Module Learning Outcomes 5 minutes 2. Pre-Discussion Activities 1 hour 3. Discussion 3 hours 4. Requirement: Assignment and answering of reflection questions 1 hour and 55 minutes Total Number of Hours: 6 hours 1 School of Criminal Justice Learning Module 3- LAW ENFORCEMENT CODE OF ETHICS CRIM4 Professional Conduct & Ethical Standards Module Learning Outcomes Content Standard The students will understand the following: 1. Principles of policing as introduced by Sir Robert Peel; and 2. Law enforcement code of ethics for law enforcers. Performance Standard ______________________________________________________________________ Pre-Discussion Activities: Instruction: Place your work in a MS word format. Answer the following essay questions. 2 School of Criminal Justice Learning Module 3- LAW ENFORCEMENT CODE OF ETHICS CRIM4 Professional Conduct & Ethical Standards Discussion Motivation: Teacher shows Online Learning Pictures relating to Law Enforcement Code of Ethics THE USEFULNESS OF A CODE OF ETHICS Codes are like firearms; they have their value and they have their dangers. One of the more interesting questions to ask is why police created a code of ethics in the first place. It may be that codes contain historically important clues to the contextual mandates for policing, but more often than not, they represent aspirations toward the future without any clear directions for how to get from one place (the past) to another (the future). Originally the code below was developed by the California Peace Officers Association and later was adopted by the International Association of Chiefs of Police in 1957. LAW ENFORCEMENT CODE OF ETHICS The Law Enforcement Code of Ethics is such a guide. If one really studies this code, it will soon become evident that adhering to it presents no easy task, for it involves mastering one's own human nature, and this is never an easy goal to attain. Any one reading the Law Enforcement Code of Ethics will agree with its basic message, and they will accept its basic context as being commensurate with professional standards. Although the Code of Ethics was introduced in 1954, it is not a new concept to the field 3 School of Criminal Justice Learning Module 3- LAW ENFORCEMENT CODE OF ETHICS CRIM4 Professional Conduct & Ethical Standards of law enforcement. Sir Robert Peel of England Metropolitan Police in 1829 introduced the following Principles which might be considered as a version of Code of Ethics: PRINCIPLE 1: “The basic mission for which the police exist is to prevent crime and disorder.” PRINCIPLE 2: “The ability of the police to perform their duties is dependent upon public approval of police actions.” PRINCIPLE 3: “Police must secure the willing cooperation of the public in voluntary observance of the law to be able to secure and maintain the respect of the public.” PRINCIPLE 4: “The degree of cooperation of the public that can be secured diminishes proportionately to the necessity of the use of physical force.” PRINCIPLE 5: “Police seek and preserve public favor not by catering to the public opinion but by constantly demonstrating absolute impartial service to the law.” PRINCIPLE 6: “Police use physical force to the extent necessary to secure observance of the law or to restore order only when the exercise of persuasion, advice and warning is found to be insufficient.” PRINCIPLE 7: “Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interests of community welfare and existence.” PRINCIPLE 8: “Police should always direct their action strictly towards their functions and never appear to usurp the powers of the judiciary.” PRINCIPLE 9: “The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it.” 4 School of Criminal Justice Learning Module 3- LAW ENFORCEMENT CODE OF ETHICS CRIM4 Professional Conduct & Ethical Standards Because law enforcement is a profession, ethics and ethical conduct play an important role. The International Association of Chiefs of Police (IACP) established a code of ethics to govern the conduct of its members. This code of ethics, originally written in 1957, was revised at the IACP conference in Louisville, Kentucky, on October 17, 1989. In October 1991, IACP members unanimously voted to adopt the new code. The law enforcement code of ethics is used as an oath of office during the graduation ceremony for many law enforcement personnel. 5 School of Criminal Justice Learning Module 3- LAW ENFORCEMENT CODE OF ETHICS CRIM4 Professional Conduct & Ethical Standards THE 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. 6 School of Criminal Justice Learning Module 3- LAW ENFORCEMENT CODE OF ETHICS CRIM4 Professional Conduct & Ethical Standards 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. 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 constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession… law enforcement. Prepared by Mark John M. Pangan Instructor 7 School of Criminal Justice Learning Module 4- THE CANONS OF POLICE ETHICS & POLICE OFFICER’S CREED CRIM4 Professional Conduct & Ethical Standards Module Overview Hi! I hope this module finds you well! In this module, you will learn about the canons of police ethics which consists of value statements that an officer is supposed to subscribe to. You will also learn in this module the statements of the belief of a police officer through the police officer’s creed. What to Expect The expected tasks in this module include video conferencing, reading, watching videos, watching pre-recorded lectures or discussions, participating in the discussion board, doing assignments and answering reflection and essay questions. This module is organized in this way: Sections Duration 1. Module Learning Outcomes 5 minutes 2. Pre-Discussion Activities 30 minutes 3. Discussion 3 hours 4. Requirement: Assignment and answering of reflection questions 2 hours and 25 minutes Total Number of Hours: 6 hours 1 School of Criminal Justice Learning Module 4- THE CANONS OF POLICE ETHICS & POLICE OFFICER’S CREED CRIM4 Professional Conduct & Ethical Standards Module Learning Outcomes Content Standard 1. 2. 3. 4. The students will understand the following: Canons and principles of police ethics; Police principles including professional police principles; PNP core values; and Police officer’s creed. Performance Standard ______________________________________________________________________ Pre-Discussion Activities: 2 School of Criminal Justice Learning Module 4- THE CANONS OF POLICE ETHICS & POLICE OFFICER’S CREED CRIM4 Professional Conduct & Ethical Standards Discussion Motivation: Teacher shows Online Learning Pictures, News Articles or Videos about violations committed by police officers which are not in compliance with the canons of police ethics, PNP core values, and the PNP ethical doctrines. “CANONS OF POLICE ETHICS” 1. Primordial Police Responsibility The primary responsibility of the police is crime prevention, commit his life to defend and protect the rights of the citizen, and uphold the law at all cost. 2. Limitation of Police Authority Policeman as an upholder of the law must know its limitations upon him in enforcing the laws Laws set limits to the power of the police Police officers are not exempted from obeying the laws they are enforcing 3. Knowledge of the Law and other Responsibilities Police officers are expected to know and understand the laws they are enforcing Police officers must fully understand their duties and responsibilities as police officers Police officers must know and fully understand the relationship of the PNP organization with other law enforcement agencies and other government agencies 4. Use of Proper Means to Obtain Proper Ends Police officers must only employ legal methods in the conduct of their work The employment of illegal methods, no matter how worthy the end, is certain to encourage disrespect for the law and its officer. If the law is to be honored, it must first be honored by those who enforce it. 5. Cooperation with Public Officials Police officers must cooperate with other public officials and government agencies in the performance of authorized duties. 6. Proper Conduct and Behavior Police officers must always observe proper conduct and behavior both in their personal and official life. The policeman shall be mindful of his special identification by the public as an upholder of law. The community and the service requires that the policeman leads the life of decent and honorable person, following the career of policeman gives him no special pre requisite. 3 School of Criminal Justice Learning Module 4- THE CANONS OF POLICE ETHICS & POLICE OFFICER’S CREED CRIM4 Professional Conduct & Ethical Standards 7. Conduct towards the Community Police officers must never forget that they are public servants and shall be mindful of his responsibility to the community. He shall deal with individuals of the community in the manner calculated to instill respect for its law. He shall conduct himself in a manner that will inspire confidence and trust. 8. Conduct in Arresting Law Violators Policeman shall use his powers and authority to arrest in accordance Police officers must always adhere to the prescribed rules when effecting arrests of suspects He shall, at all times, have a clear appreciation of his responsibilities and limitation regarding the detention of the suspect. He shall conduct himself in such a manner as will minimize the possibility of having to use force. 9. Firmness in Refusing Gifts Police officers must never ask nor accept gifts or special favors, large or small, which can the public mind, be interpreted as capable of influencing his judgement in the discharge of his official duties. 10. Impartial Presentation of Evidence Police officers must be fair in presenting evidence. Policeman shall be concerned equally in the prosecution of the accused in the defense of the innocent. He shall ascertain what kind of evidence and shall present such evidence impartially and without malice. 11. Attitude towards Police Profession Police officers must have a high regard for the police profession and must be proud that they are police officers Police officers must strive to improve their knowledge and skills in order be the best police officers that they can be. The acquisition of knowledge is a never ending process of personal and professional development that should be pursued constantly. 4 School of Criminal Justice Learning Module 4- THE CANONS OF POLICE ETHICS & POLICE OFFICER’S CREED CRIM4 Professional Conduct & Ethical Standards POLICE PRINCIPLES The following are the professional police principles: 1. Prevention of Crime and Disorder It is the primary objective of the police to prevent crime and disorder. 2. Cooperation of the Community The police is dependent upon community support. The police must secure willing cooperation of the community in the voluntary observance of the law to be able to secure and maintain the respect and support of the community. 3. Unreasonable Force Reduces Community Cooperation The use of unreasonable force on the part of the police negatively affects the desire of the people to cooperate with the police. A police officer will never employ unnecessary force or violence and will use only such force in the discharge of duty as in reasonable in all circumstances. Force should be used only with the greatest restraint and only after discussion, negotiation and persuasion have been found to be inappropriate or ineffective. While the use of force is occasionally unavoidable, every police officer will refrain from unnecessary infliction of pain or suffering and will never engage in cruel, degrading or inhuman treatment of the person. 4. Use of Reasonable Force when Persuasion is not Sufficient The police may only use force when dialogue, advise and warning is no longer effective and the degree of force to be used must be reasonable No violence or unnecessary force shall be subject to any greater restrain than is necessary for his detention. 5. Impartial Enforcement of Laws The police must be fair in enforcing the laws 6. The Community are the Police The police and the community are dependent on each other and must work hand in hand to prevent crimes The police at all times should maintain relationship with the community that gives really to the historic tradition that the police are the community and the community are the police. 7. Police should not Usurp Judicial Power The police has no power or authority to decide whether a suspect is guilty or innocent of a crime because only the court has this power 5 School of Criminal Justice Learning Module 4- THE CANONS OF POLICE ETHICS & POLICE OFFICER’S CREED CRIM4 Professional Conduct & Ethical Standards 8. Rules of Engagement Impartially Observed The police must always adhere to the prescribed procedures in the performance of their duty. 9. Reduction of Crime and Disorder The effectiveness of the police is measured through the ability of the police to reduce crime and disorder and not by evidence of police presence and actions in dealing with the community. 10. Police Discretion The police must never abuse the police discretion granted to them. A police officer will use responsibility discretion vested in the positon and exercise it within the limits prescribed by the law. PNP CORE VALUES 1) Love of God 2) Respect for Authority 3) Selfless Love and Service to People 4) Sanctity of Marriage and Respect for Women 5) Responsible Dominion and Stewardship over Material Things 7) Truthfulness What Does the PNP Core Values States? The PNP Core Values states that the police service is a noble profession and demands from its members specialized knowledge and skills and high standards of ethics and morality. In this regard, the members of the PNP must adhere to and internalize the enduring core values of: 1. Love of God This is very essential because it makes a man more governable and ethics, knowing what is right or wrong. It gives him hope for the future-salvation. In Islam, it is the submission to the- will of Allah. As the late Pres. Quezon once said, "have faith in the Divine Providence who guides the destinies of men and nation." 2. Respect for Authority 6 School of Criminal Justice Learning Module 4- THE CANONS OF POLICE ETHICS & POLICE OFFICER’S CREED CRIM4 Professional Conduct & Ethical Standards Everyone must obey the state authorities because no authority exists without God’s permission, and the existing authorities have been put there by God. Whoever opposes the existing authority opposes what God has ordered, and anyone who does so will bring judgment on himself. For rulers are not to be feared by those who do good, but by those who do evil. 3. Respects for Women and Sanctity of Marriage If you love someone, you will never do him wrong. Love does not consist in gazing at each other but in looking together in the same direction. Self-control in marriage is imperative for without it, havoc will ensue. 4. Responsible Dominion and Stewardship over Material Things Our "needs" are few and easily satisfied while our "wants" are many and seldom satisfied. To stay within limits, one must strive to regulate "needs" to limit "wants." While man exercise dominion or control over the earth, even to some extent of controlling the very forces of nature to serve his needs, he has still the responsibility to keep his environment free from wanton destruction and degradation. The earth's fragile ecosystem needs protection and its nonrenewable resources need conservation. In a sense, man, while dominant specie over all other creatures, is not the sole owner of this planet. He is only a “steward" or a "caretaker" for the coming generations. No one owns the land forever, it eventually passes on to others to enjoy. This holds true in most life's transactions. A Law enforcer does not have absolute power but is limited bylaws, rules and regulations. He gives service not served, and he protects the people and not oppresses them. Government in itself is a custodian of people's power, not supreme machinery for imposing its will on the public. 5. Truthfulness It is the state of being truthful wherein a person is sincere, genuine, and honest in agreement. With a standard, rule, etc., and conforms to fact or reality. POLICE OFFICER’S CREED I believe in God, the Supreme Being, a Great Provider, and the Creator of all men and everything dear to me. In return, I cannot less than love Him above all, seek His guidance in the performance of my sworn duties and honor Him at all times. 7 School of Criminal Justice Learning Module 4- THE CANONS OF POLICE ETHICS & POLICE OFFICER’S CREED CRIM4 Professional Conduct & Ethical Standards I believe that respect for authority is a duty. I respect and uphold the Constitution, the laws of the land and the applicable rules and regulations. I recognize the legitimacy and authority of the leadership, and follow and obey legal orders of my superior officers. I believe in selfless love and service to people. Towards this end, I commit myself to the service of my fellowmen over and above my personal convenience. I believe in the sanctity of marriage and respect for women. I shall set the example of decency and morality and shall have high regard for family life and chastity. I believe in responsible dominion and stewardship over material things. I shall inhibit myself from ostentatious display of my property. I shall protect the environment and conserve nature to maintain ecological balance. I shall respect private and public properties and prevent others from destroying them. I believe in the wisdom of truthfulness. I must be trustworthy and I shall speak the truth at all times as required by the profession. Prepared by Mark John M. Pangan Instructor 8 School of Criminal Justice Learning Module 5- PNP Ethical Doctrines CRIM4 Professional Conduct & Ethical Standards Module Overview Hi! I hope this module finds you well! In this module, you will learn about the Ethical Doctrines for the Philippine National Police intended to provide moral and ethical guidance to all PNP members. The PNP Ethical Doctrine was culled from the PNP Code of Professional Conduct and Ethical Standards (COPCES) with inception of additional and related principles, guidelines and sanctions, all geared towards the internalization of moral values and service dedication. What to Expect The expected tasks in this module include video conferencing, reading, watching videos, watching pre-recorded lectures or discussions, participating in the discussion board, doing assignments and answering reflection and essay questions. This module is organized in this way: Sections Duration 1. Module Learning Outcomes 5 minutes 2. Pre-Discussion Activities 30 minutes 3. Discussion 3 hours 4. Requirement: Assignment and answering of reflection questions 2 hours and 25 minutes Total Number of Hours: 6 hours 1 School of Criminal Justice Learning Module 5- PNP Ethical Doctrines CRIM4 Professional Conduct & Ethical Standards Module Learning Outcomes Content Standard The students will understand the following: 1. PNP stand on basic issues confronting the Philippine National Police; and 2. Provisions of the Philippine National Police Ethical Doctrines; Performance Standard Pre-Discussion Activities: 2 School of Criminal Justice Learning Module 5- PNP Ethical Doctrines CRIM4 Professional Conduct & Ethical Standards Discussion Motivation: Teacher shows Online Learning Pictures, News Articles or Videos of good and bad involvement of the police in the performance of their duties. PNP STAND ON BASIC ISSUES What is an Image? An image is a mental picture of something of a conception, idea, or an impression. What should be the PNP Image? The image of any organization affects the esprit de corps, morale and welfare of members, and sense of pride to the organization. In view thereof, all members of the PNP should conduct themselves in manner that would not place the PNP in an ad light. Instead, they should live in: 1. 2. 3. 4. 5. 6. 7. 8. 9. 3 Virtues Honor Integrity Valor Justice Honesty Humility Charity Loyalty to the service School of Criminal Justice Learning Module 5- PNP Ethical Doctrines CRIM4 Professional Conduct & Ethical Standards What is Professionalism? Professionalism, which also means Service, refers to the commitment, dignity, and attitude of an individual towards work and his integrity and practice of the Core Moral Value principles. It is the proper application of specialized skills based on an organized body by knowledge and in accordance with laws and/or Code of Ethics with the highest degree of excellence in the accomplishment of the objectives. What is Career Management in the PNP? Career management is the key to professionalism. Its improper implementation will greatly prejudice the personnel professionalization process as regard to procurement, promotion, assignment, placement, and training, awards and retirement. To address this flaws, the PNP shall formulate a stringent policy and strictly implement the human resources development system compatible to the equitable distribution of procurement, fair promotion, rationalized approach in assignment, skills development, immediate grant of award and reward, and decent living upon retirement. What is the Concept of Equality in the Police Service? There should be a judicious and equitable distribution of opportunity to prove one's worth in the police service. The problem on equity through class orientation and factionalism both real and perceived, promised or favored assignment, inequitable opportunity of training, unfair granting or promotion, and untimely awarding of achievements will create an atmosphere of demoralization. The result is inefficiency and lack of teamwork to the detriment of the organization. It behooves, therefore, on the PNP Leadership to address the situation. The civilian character of the organization requires adherence to the rule of merit and fitness system, and to disassociate the above process from class orientation and factionalism. What is Delicadeza? Delicadeza is the state of affairs requiring tact to protect the integrity of a person. How Could Delicadeza be practiced in the Police Service? In consonance with the requirements of honor and integrity in the PNP, all members must have the moral courage to sacrifice self-interest in keeping with the time-honored principle of delicadeza. 4 School of Criminal Justice Learning Module 5- PNP Ethical Doctrines CRIM4 Professional Conduct & Ethical Standards What should be the Police Lifestyle while in the Service? The PNP shall endeavor to promote a lifestyle for every member of the organization that is acceptable and respectable in the eyes of the public. Further, its members should set good example to the subordinates’ and follow good example from the superiors. They must be free from greed, corruption, and exploitation. The public expects a police officer to live a simple, yet credible and dignified life. What is Political Patronage? Political patronage is soliciting influence or recommendations directly or indirectly from politicians or other persons of the same person. Should PNP Members Solicit Political Patronage? All PNP members must inhibit themselves from soliciting political patronage in matters pertaining to assignment, awards, training, and promotion. Should PNP Members Respect Human Rights? All PNP members must respect and protect human dignity and man's desirable rights to life, liberty, and property. Since the country is signatory in the Universal Declaration of Human Rights, and other preparations, the PNP is bound to protect these rights. How Should PNP Members Perform Their Duties? All PNP members shall perform their duties with excellence. Competence, integrity, intelligence, and expertise in the application of standardized skills and technical knowledge must be observed at all times. 5 School of Criminal Justice Learning Module 5- PNP Ethical Doctrines CRIM4 Professional Conduct & Ethical Standards PNP PROFESSIONAL CONDUCT AND ETHICAL STANDARDS Standard of Police Professionalism All PNP personnel shall perform duties with excellence, competence, integrity, intelligence, and expertise in the application of specialized skill and technical knowledge. Police Professional Conduct All members of the PNP shall observe the following professional conduct: 1. Commitment to Democracy Uniformed PNP members commit themselves to democratic way of life and values and maintain the principle of public accountability. They shall at all times uphold the Constitution and be loyal to our country, people, and organization, above loyalty to any person or organization. The principle of democracy, states that the government of the people, by the people, and for the people. The real power and authority in the governance of the nation operates from its citizens. 2. Commitment to Public Interest All PNP members shall always uphold public interest over and above personal interest. All government properties, resources, and powers of their respective offices must be employed and used effectively, honestly, and efficiently, particularly to avoid wastage of public funds and revenues. 3. Non-Partisanship All PNP members shall provide services to everyone without discrimination regardless of party affiliation in accordance of existing laws and regulations. 4. Physical Fitness and Health All PNP members shall strive to be physically and mentally fit, and in good health at all times. Towards this end, they shall undergo regular physical exercises and annual medical examination in any PNP hospital or medical facility. 6 School of Criminal Justice Learning Module 5- PNP Ethical Doctrines CRIM4 Professional Conduct & Ethical Standards 5. Secrecy and Discipline All PNP members shall guard the confidentiality of classified information against unauthorized disclosure, including confidential aspects of official business, special orders, communications, and other documents, roster or any portion hereof of the PNP, contents of criminal records, identities of persons who may have given information to the police in confidence and other classified information or intelligence material. 6. Social Awareness All PNP members and their immediate family members shall be encouraged to actively get involved in the religion, social and civic activities to enhance the image of the organization but without affecting their official duties. 7. Non-Solicitation of Patronage All PNP members shall seek self-improvement through career development and shall not directly or indirectly solicit influence or recommendation from politicians, high ranking government officials, prominent citizens, persons affiliated with civic or religious organization with regard to their assignment, promotions, transfer or those of other members of the force, nor shall they initiate any petition to be prepared and presented by citizens in their behalf. Moreover, they shall advise their immediate relatives to interfere in the activities of the police service, particularly in the assignment and reassignment of personnel. 8. Proper Care and Use of Public Property All PNP members’ shall be responsible for the security, proper care, and used of public property issued to them and/or deposited under their care and custody. Unauthorized use of public property for personal convenience or gain and that on their families, friends, prohibited. 9. Respect for Human Rights All PNP members in the performance of duty shall respect and protect human dignity and uphold the human rights of persons. No members should inflict, instigate or tolerate extra-judicial killings, arbitrary arrest, any act of torture or other cruel or degrading treatment or punishment, and shall not invoke superior orders or exceptional circumstances such as state-of-war, a threat to national security, internal political 7 School of Criminal Justice Learning Module 5- PNP Ethical Doctrines CRIM4 Professional Conduct & Ethical Standards instability or any public emergency as a justification for committing such human rights violation. 10. Devotion to Duty All PNP members shall perform their duties with dedication, thoroughness, efficiency, enthusiasm, determination, and manifest concern for public welfare, and shall refrain from engaging in any activity, which shall be in conflict with their duties as public servant. 11. Conservation of Natural Resources All PNP members shall help in the development and conservation of our natural resources for ecological balance and posterity, as these are the inalienable heritage of or people. 12. Discipline All PNP members shall conduct themselves at all times in keeping with the rules and regulations of the organization. 13. Loyalty All PNP members must be loyal to the Constitution of the police service as manifested by their loyalty to their superiors, peers and subordinates as well. 14. Obedience to Superiors All PNP members shall obey lawful orders and be courteous to superior officers and other appropriate authorities within the chain of command. 15. Command Responsibility In accordance with the Doctrine of Command Responsibility, immediate commanders shall be responsible for the effective supervision, control and direction or their personnel and see to it that all government resources shall be managed, expended or utilized in accordance with laws and regulations and safeguarded against losses thru illegal or improper disposition. Prepared by Mark John M. Pangan Instructor 8 School of Criminal Justice Learning Module 5- PNP Ethical Doctrines 9 School of Criminal Justice CRIM4 Professional Conduct & Ethical Standards Learning Module 6- Ethical Standards CRIM4 Professional Conduct & Ethical Standards Module Overview Hi! I hope this module finds you well! In this module, you will learn about the Ethical Doctrines for the Philippine National Police intended to provide moral and ethical guidance to all PNP members. The PNP Ethical Doctrine was culled from the PNP Code of Professional Conduct and Ethical Standards (COPCES) with inception of additional and related principles, guidelines and sanctions, all geared towards the internalization of moral values and service dedication. What to Expect The expected tasks in this module include video conferencing, reading, watching videos, watching pre-recorded lectures or discussions, participating in the discussion board, doing assignments and answering reflection and essay questions. This module is organized in this way: Sections Duration 1. Module Learning Outcomes 5 minutes 2. Pre-Discussion Activities 30 minutes 3. Discussion 3 hours 4. Requirement: Assignment and answering of reflection questions 2 hours and 25 minutes Total Number of Hours: 6 hours 1 College of Criminal Justice Education Learning Module 6- Ethical Standards CRIM4 Professional Conduct & Ethical Standards Module Learning Outcomes Content Standard The students will understand the following: 1. PNP stand on basic issues confronting the Philippine National Police; and 2. Provisions of the Philippine National Police Ethical Doctrines; Performance Standard ______________________________________________________________________ Pre-Discussion Activities: 2 College of Criminal Justice Education Learning Module 6- Ethical Standards CRIM4 Professional Conduct & Ethical Standards Discussion Motivation: Teacher shows Online Learning Pictures, News Articles or Videos of good and bad involvement of the police in the performance of their duties. PNP ETHICAL STANDARDS Ethical standards shall refer to established and generally accepted moral values. Ethical acts to be observed are the following: 1. Morality PNP members shall adhere to high standards of morality and decency and shall set good examples for others to follow. In no instance during their terms of office, among other things, shall they be involved as owners, operators, managers or investors in any house of ill-repute or illegal gambling den or other places devoted to vices, nor they shall patronize such places unless on official duty, and tolerate operations of such establishments in their respective areas of responsibilities. They shall be faithful to their lawfully wedded spouses. 2. Judicious Use of Authority PNP members shall exercise proper and legitimate use of authority in the performance of duty. 3. Integrity PNP members shall not allow themselves to be victims of corruption and dishonest practices in accordance with the provisions of RA 6713 and other applicable laws. 4. Justice PNP members shall strive constantly to respect the rights of others so that they can fulfill their duties and exercise their rights as human beings, parents, children, citizens, workers, leaders, or in other capacities and to see to it that others do likewise. 3 College of Criminal Justice Education Learning Module 6- Ethical Standards CRIM4 Professional Conduct & Ethical Standards 5. Humility PNP members shall recognize the fact that they are public servants and not the masters of the people and towards this end, they should perform their duties without attracting attention or expecting the applause of others. 6. Orderliness PNP members shall follow original procedures in accomplishing tasks assigned to them to minimize waste in the use of time, money and effort. 7. Perseverance Once a decision is made, PNP members shall take legitimate means to achieve the goal even in the face of internal or external difficulties, and despite anything which might weaken their resolve in the course of time. 4 College of Criminal Justice Education Learning Module 6- Ethical Standards CRIM4 Professional Conduct & Ethical Standards PNP CUSTOMS AND TRADITIONS The PNP adopts the generally acceptable customs and traditions based on the desirable practices of the police service. These shall serve to inspire PNP members as the organization endeavors to attain its goals and objectives. DEFINITION OF TERMS: Customs Established usage or social practices carried on by tradition that have obtained the force of law. Traditions Bodies of beliefs, stories, customs and usages handed down from generation to generation with the effect of an unwritten law. Courtesy A manifestation of expression of consideration and respect for others. Ceremony A formal act or set of formal acts established by customs or authority as proper to special occasion. Social Decorum A set of norms and standards practiced by members during social activities and other functions. 5 College of Criminal Justice Education Learning Module 6- Ethical Standards CRIM4 Professional Conduct & Ethical Standards POLICE CUSTOMS ON COURTESY The following are customs on courtesy in the PNP: Salute Salute is the usual greetings rendered by uniformed members upon meeting and recognizing person entitled to a salute. Salute to National Color and Standard Members stand at attention and salute the national color and standard as these pass by them or when the national color is raised or lowered during ceremonies. Address/Title Junior in rank address senior members who are entitled to salute with the word “Sir” or “Ma’am”. All Police Commissioned Officers shall be addressed sir or ma’am by Police Non-Commissioned Officers and Non-Uniformed Personnel. COURTESY CALLS The following are the customs on courtesy calls: Courtesy Call of Newly Assigned/Appointed Member PNP members who are newly appointed or assigned in a unit or command call on the chief of the unit or command and other key personnel as a matter of courtesy, as well as for accounting, orientation and other purposes. Christmas Call PNP members pay a Christmas Call on their local executives in their respective areas of responsibility. 6 College of Criminal Justice Education Learning Module 6- Ethical Standards CRIM4 Professional Conduct & Ethical Standards New Year’s Call PNP members pay a New Year’s call on their commanders and /or key officials in their respective areas of responsibility. Promotion Call Newly promoted PNP members call on their unit head. On this occasion, they are usually given due recognition and congratulations by their peers for such deserved accomplishment. Exit Call PNP members pay an Exit Call on their superiors in the unit or command when relieved or reassigned out of the said unit or command. Courtesy of the Post The host unit extend hospitality to visiting personnel who pay respect to the command or unit. Rank Has -Its -Own Privilege (RHIP) PNP members recognize the practice that different ranks carry with them corresponding privileges. POLICE CUSTOMS ON CEREMONIES Flag Raising Ceremony PNP members honor the flag by hoisting ii and singing the National Anthem before the start of the official day’s work. Flag Lowering Ceremony At the end of the official days’ work, the PNP members pause for a moment to salute the lowering of the flag. 7 College of Criminal Justice Education Learning Module 6- Ethical Standards CRIM4 Professional Conduct & Ethical Standards Half-Mast The flag is raised at half-mast in deference to deceased uniformed members of the command. Funeral Service and Honors Departed uniformed members, retirees, war veterans or former PC/INP members are given vigil, necrological services and graveside honors as a gesture of farewell. Ceremony Tendered to Retirees In recognition of their long, faithful and honorable service to the PNP, a testimonial activity shall be tendered in their honor. Honor Ceremony Arrival and departure honor ceremonies are rendered to visiting dignitaries, VIPs, PNP Officers with the grade of Chief Superintendent and above and AFP officers of equivalent grade, unless waived. Turnover Ceremony The relinquishment and assumption of command or key position is publicly announced in a Turnover Ceremony by the outgoing and incoming officers in the presence of the immediate superior or his representative. Outgoing Commander/Director should not leave his post without proper turnover. Turn-over includes turnover of properties/equipment, human and material resources. Wedding Ceremony During marriage of PNP members, a ceremony is conducted with participants in uniform and swords drawn. Anniversary The birth or institutional establishment of a command or unit is commemorated in an Anniversary Ceremony. 8 College of Criminal Justice Education Learning Module 6- Ethical Standards CRIM4 Professional Conduct & Ethical Standards Proper Attire PNP members always wear appropriate and proper attire in conformity with the occasion. Table Manners PNP members observe table etiquette at all times. Social Graces PNP members conduct themselves properly in dealing with people during social functions. Uniform/Appearance The public looks upon a PNP member as distinctively a man among men. It is a welcome sight when PNP members wear their uniform properly wherever they may be. Bulging stomach is a taboo in the uniformed service. Since disciplined PNP members are best exemplified by those who are neat in appearance and wearing the prescribed uniform, they must therefore observe the following: a. Wearing of prescribed uniform. b. Adherence to haircut prescribed by rules & regulations. c. Manner of Walking- Every PNP Member is expected to walk with pride and dignity. 9 College of Criminal Justice Education Learning Module 6- Ethical Standards CRIM4 Professional Conduct & Ethical Standards Other Police Customs: Visiting the Sick Immediate commanders or other available officers of the unit visit PNP Members who are sick in the hospital, their residence or any place of confinement in order that their needs are attended to. Survivor Assistance of Heir of Deceased Members A survivor officer is designated whenever PNP members die, to render maximum assistance to their bereaved family until all benefits due shall have been received. Visiting the Religious Leaders PNP Officers visit religious leaders in their areas of assignment to establish or maintain rapport and cooperation between the different religious leaders and the PNP. Athletics PNP members indulge in physical fitness activities o insure that their proper physical appearance and bearing are smaller than the size of his chest and in conformity with the standard set forth by the organization. Happy Hours Usually on Friday or any other day suitable for the occasion, PNP members gather together at their PNP club for a light hearted jesting or airing of minor gripes. 10 College of Criminal Justice Education Learning Module 6- Ethical Standards CRIM4 Professional Conduct & Ethical Standards POLICE TRADITION The following are police traditions: Spiritual Beliefs PNP members are traditionally religious and God-loving person. They attend religious services together with the members of their family. Valor History attests that the Filipino law enforcers have exemplified the tradition of valor in defending the country from aggression and oppression and protecting/preserving the life and property of the people. They sacrificed their limbs and lives for the sake of their countrymen whom they have pledged to serve. Patriotism The PNP members are traditionally patriotic by nature. They manifest their love of country with a pledge of allegiance to the flag and a vow to defend the constitution. Discipline The discipline of the PNP members is manifested by instinctive obedience to lawful orders and thorough and spontaneous actions towards attainment of organizational objectives guided by moral, ethical and legal norms. Gentlemanliness PNP members are upright in character, gentle in manners, dignified in appearance, and sincere in their concern to fellowmen. Word of Honor PNP members’ word is their bond. They stand by and commit to uphold it. 11 College of Criminal Justice Education Learning Module 6- Ethical Standards CRIM4 Professional Conduct & Ethical Standards Duty PNP members have historically exemplified themselves as dedicated public servants who perform their tasks with a deep sense of responsibility and selfsacrifice. They shall readily accept assignment anywhere in the country. Loyalty PNP members are traditionally loyal to the organization, country and people as borne by history and practice. Camaraderie The binding spirit that enhances teamwork and cooperation in the police organization, extending to the people they serve, in manifested by the PNP members’ deep commitment and concern for one another. Prepared by Mark John M. Pangan Instructor 12 College of Criminal Justice Education Code of Ethics Board of Criminology Article I PRIMARY RESPONSIBILITY OF REGISTERED CRIMINOLOGIST a. b. 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. 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. b. 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. 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. b. 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. 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. b. c. 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. The Criminologists mindful of their responsibility to the whole community, deal with individuals of the community in a manner calculated to instill re spect for its laws and their profession. 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. c. d. 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. 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. He must never lose sight of the important fact that he should no 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. b. c. 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. 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 sue of this office or person, knowingly or unknowingly in any improper or illegal action. He always bear in mind at all times that it isnot sufficient to be proficient in oneÕs work, he must also have a high sense of justice, a 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. 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 regulation 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 the compromise for crime and with relentless prosecution or criminals, I will enforce the law courteously and appropriately without fear or favor malice or ill will, never eploying unnecessary force or violence and never accepting gratuities. 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 other of the police service. I will constantly strive to achieve these objectives, and ideals, dedicating myself before God to my chosen profession. . .law enforcement. Article 8 EFFECTIVITY 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. PANUNUMPA NG PROPESYONAL Ako, si ______________________________________________________________________, ng ______________________________________________________________________________ _______ (Pook na Sinilangan, Bayan/Lungsod, Probinsya) ay taimtim na nanunumpa na itataguyod ko at ipagtatanggol ang Saligang Batas ng Pilipinas, na ako ay tunay na mananalig at tatalima rito; na susundin ko ang mga batas, mga utos na legal, at mga atas na ipinahayag ng mga sadyang itinakdang may kapangyarihan ng Republika ng Pilipinas; at kusa kong babalikatin ang pananagutang ito, na walang ano mang pasubali o hangaring umiwas. Taimtim pa rin akong manunumpa na sa lahat ng panahon at pook na kinaroroonan ay mahigpit akong manghahawakan sa mga etikal at tuntuning propesyonal ng mga ____________________________ sa Pilipinas, at marapat kong gagampanan ng buong husay sa (Propesyon) abot ng aking makakaya ang mga tungkulin at pananagutang iniatang sa isang itinakdang ________________________. (Propesyon) Kasihan Nawa ako ng Diyos. Eighth Congress 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 Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Title. - This Act shall be known as the "Code of Conduct and Ethical Standards for Public Officials and Employees." Section 2. Declaration of Policies. - 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 3. Definition of Terms. - As used in this Act, the term: (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. lawphi1.net (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. Section 4. Norms of Conduct of Public Officials and Employees. - (A) 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. (B) The Civil Service Commission shall adopt positive measures to promote (1) observance of these standards including the dissemination of information programs and workshops authorizing merit increases beyond regular progression steps, to a limited number of employees recognized by their office colleagues to be outstanding in their observance of ethical standards; and (2) continuing research and experimentation on measures which provide positive motivation to public officials and employees in raising the general level of observance of these standards. Section 5. Duties of Public Officials and Employees. - In the performance of their duties, all public officials and employees are under obligation to: lawphi1.net (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. Section 6. System of Incentives and Rewards. - A system of annual incentives and rewards is hereby established in order to motivate and inspire public servants to uphold the highest standards of ethics. For this purpose, a Committee on Awards to Outstanding Public Officials and Employees is hereby created composed of the following: the Ombudsman and Chairman of the Civil Service Commission as Co-Chairmen, and the Chairman of the Commission on Audit, and two government employees to be appointed by the President, as members. It shall be the task of this Committee to conduct a periodic, continuing review of the performance of public officials and employees, in all the branches and agencies of Government and establish a system of annual incentives and rewards to the end that due recognition is given to public officials and employees of outstanding merit on the basis of the standards set forth in this Act. The conferment of awards shall take into account, among other things, the following: the years of service and the quality and consistency of performance, the obscurity of the position, the level of salary, the unique and exemplary quality of a certain achievement, and the risks or temptations inherent in the work. Incentives and rewards to government officials and employees of the year to be announced in public ceremonies honoring them may take the form of bonuses, citations, directorships in government-owned or controlled corporations, local and foreign scholarship grants, paid vacations and the like. They shall likewise be automatically promoted to the next higher position with the commensurate salary suitable to their qualifications. In case there is no next higher position or it is not vacant, said position shall be included in the budget of the office in the next General Appropriations Act. The Committee on Awards shall adopt its own rules to govern the conduct of its activities. Section 7. 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: (a) 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. (b) Outside employment and other activities related thereto. - Public officials and employees during their incumbency shall not: (1) 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; (2) 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 (3) 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 one-year prohibition shall likewise apply. (c) 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. (d) 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. Section 8. 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 aforestated 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 or 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. Section 9. Divestment. - A public official or employee shall avoid conflicts of interest at all times. When a conflict of interest arises, he shall resign from his position in any private business enterprise within thirty (30) days from his assumption of office and/or divest himself of his shareholdings or interest within sixty (60) days from such assumption. The same rule shall apply where the public official or employee is a partner in a partnership. The requirement of divestment shall not apply to those who serve the Government in an honorary capacity nor to laborers and casual or temporary workers. Section 10. Review and Compliance Procedure. - (a) The designated Committees of both Houses of the Congress shall establish procedures for the review of statements to determine whether said statements which have been submitted on time, are complete, and are in proper form. In the event a determination is made that a statement is not so filed, the appropriate Committee shall so inform the reporting individual and direct him to take the necessary corrective action. (b) In order to carry out their responsibilities under this Act, the designated Committees of both Houses of Congress shall have the power within their respective jurisdictions, to render any opinion interpreting this Act, in writing, to persons covered by this Act, subject in each instance to the approval by affirmative vote of the majority of the particular House concerned. The individual to whom an opinion is rendered, and any other individual involved in a similar factual situation, and who, after issuance of the opinion acts in good faith in accordance with it shall not be subject to any sanction provided in this Act. (c) The heads of other offices shall perform the duties stated in subsections (a) and (b) hereof insofar as their respective offices are concerned, subject to the approval of the Secretary of Justice, in the case of the Executive Department and the Chief Justice of the Supreme Court, in the case of the Judicial Department. Section 11. Penalties. - (a) Any public official or employee, regardless of whether or not he holds office or employment in a casual, temporary, holdover, permanent or regular capacity, committing any violation of this Act shall be punished with a fine not exceeding the equivalent of six (6) months' salary or suspension not exceeding one (1) year, or removal depending on the gravity of the offense after due notice and hearing by the appropriate body or agency. If the violation is punishable by a heavier penalty under another law, he shall be prosecuted under the latter statute. Violations of Sections 7, 8 or 9 of this Act shall be punishable with imprisonment not exceeding five (5) years, or a fine not exceeding five thousand pesos (P5,000), or both, and, in the discretion of the court of competent jurisdiction, disqualification to hold public office. (b) Any violation hereof proven in a proper administrative proceeding shall be sufficient cause for removal or dismissal of a public official or employee, even if no criminal prosecution is instituted against him. (c) Private individuals who participate in conspiracy as co-principals, accomplices or accessories, with public officials or employees, in violation of this Act, shall be subject to the same penal liabilities as the public officials or employees and shall be tried jointly with them. (d) The official or employee concerned may bring an action against any person who obtains or uses a report for any purpose prohibited by Section 8 (D) of this Act. The Court in which such action is brought may assess against such person a penalty in any amount not to exceed twenty-five thousand pesos (P25,000). If another sanction hereunder or under any other law is heavier, the latter shall apply. Section 12. Promulgation of Rules and Regulations, Administration and Enforcement of this Act. The Civil Service Commission shall have the primary responsibility for the administration and enforcement of this Act. It shall transmit all cases for prosecution arising from violations of this Act to the proper authorities for appropriate action: Provided, however, That it may institute such administrative actions and disciplinary measures as may be warranted in accordance with law. Nothing in this provision shall be construed as a deprivation of the right of each House of Congress to discipline its Members for disorderly behavior. The Civil Service Commission is hereby authorized to promulgate rules and regulations necessary to carry out the provisions of this Act, including guidelines for individuals who render free voluntary service to the Government. The Ombudsman shall likewise take steps to protect citizens who denounce acts or omissions of public officials and employees which are in violation of this Act. Section 13. Provisions for More Stringent Standards. - Nothing in this Act shall be construed to derogate from any law, or any regulation prescribed by any body or agency, which provides for more stringent standards for its official and employees. Section 14. Appropriations. - The sum necessary for the effective implementation of this Act shall be taken from the appropriations of the Civil Service Commission. Thereafter, such sum as may be needed for its continued implementation shall be included in the annual General Appropriations Act. Section 15. Separability Clause. - If any provision of this Act or the application of such provision to any person or circumstance is declared invalid, the remainder of the Act or the application of such provision to other persons or circumstances shall not be affected by such declaration. Section 16. Repealing Clause. - All laws, decrees and orders or parts thereof inconsistent herewith, are deemed repealed or modified accordingly, unless the same provide for a heavier penalty. Section 17. Effectivity. - This Act shall take effect after thirty (30) days following the completion of its publication in the Official Gazette or in two (2) national newspapers of general circulation. Approved, February 20, 1989. Police-Community Relations The basic police purpose of preserving peace and protecting life and property is accomplished by controlling the behavior of people. A person’s conduct is determined either by what he wants to do, or by what he is afraid of. Compliance with law and regulation is obtained either by developing a public willingness to conform to the desired pattern of behavior or by compelling people to conform by threat of punishment. Hence, the two processes- enforcement and the development of attitudes favorable to law observance cannot be completely separated, with the police free to choose one and reject the other. Their use is a matter of judgment varying in degree or emphasis. The police because of its jurisdiction may attempt to accomplish its purpose by enforcement with no attention to positively motivated compliance, which uses a minimum enforcement on individuals when other methods fail. The active interest and participation of the citizens is a source so vital to an effective, efficient, economic and harmonious law enforcement and public safety that deliberate efforts should be made to arouse, promote and maintain public concern over the objectives and affairs of the Philippine National Police. The police should not recent such attention nor should they regard as happy a situation in which the public takes no interest in their work and evinces no desire to participate in the solution of their problems. Indifference should not be construed as an indication that the public is satisfied with the work of the police station, but rather as a warning that the public may, under slight provocation, violently object to police procedures merely because they are not familiar with them. The Meaning of Police-Community Relations The Police Community Relations is the sum total of dealings of the police with the people it serves and whose goodwill and cooperation it craves for to ensure the greatest possible efficiency in public service. It spans: 1. The entire field of public information designed to bridge any communication gap between the police and the public; 2. Public relations intended to maintain harmony and mutual support between the police and community development; and 3. Mass communications for the purpose of conditioning both the friendly and the hostile public, thereby insuring and facilitating the attainment of police objectives. Undeniably, no police activity of any kind could succeed without the cooperation of the public. The effectiveness of a police department is largely dependent on the confidence and goodwill it enjoys from the people. The paramount is service. Service must be the business of every police officer for without effective service to the public, no public relation program can succeed. Objectives of Police-Community Relations The following are the main objectives of community relations from the viewpoint of law enforcement and public safety: 1. To maintain and develop the goodwill and confidence of the community for the police; 2. To obtain public cooperation and assistance; 3. To develop public understanding, support, and appreciation for the services of the police; 4. To gain a broader understanding of and sympathy for the problems and needs of the police; 5. To facilitate law enforcement and law compliance; 6. To build public opinion in favor of the police; and 7. To achieve the police purpose of preserving peace, protecting life and property, and the prevention of the crime. Foundation of Good Police-Community Relations Efficient service as the basic foundation of good community relations is true in any organization most particularly in the police service whose client is the general public. Since action is determined by frames of mind, the police should scrutinize their own point of view to assure that it is a proper one. Their attitude will be determined by their concept of police function as well as their stand on their duty toward the public. They should be able to distinguish between the police functions. They should realize that the essence of a proper police attitude is the willingness to serve. They should distinguish between service and servility, courtesy and softness. They must be firm, but at the same time courteous; they must avoid an appearance of rudeness. They should develop a friendly, impersonal, and unbiased manner, pleasant and personal in all restrictive situations but firm and impersonal on occasions calling for regulation and control. They should understand that they are policemen and that the primary police purpose is to prevent violations and to arrest offenders. Foundation of Public Relations Public relations are basically founded on the Golden Rule: 1. 2. 3. 4. 5. Live and let live. Give before you seek to get. Give what is due to others. See the other person’s side. Respect, so you would be respected. Public Relations may Sum up as Follows: 1. 2. 3. 4. Know yourself. Know the people around you. Adjust your relationships with them. A practical public relations operates on the theory of “give and take.” Ten Commandments of Human Relations 1. 2. 3. 4. 5. Speak to people Smile to people Call people by name Be friendly and helpful Be cordial 6. Be 7. Be 8. Be 9. Be 10. Be generous with praise but cautious to criticism genuinely interested with people considerate with the feeling of others thoughtful in the opinion of others alert to give service Requirements for a Good Police-Community Relations 1. 2. 3. 4. 5. Sincerity is serving the public Full knowledge of the job Deep conviction in the mobility in the work Sound police ethics High standard of operation Span or Coverage of Police-Community Relations 1. Public Information Program 2. 3. 4. Public Relation Program Civic Action Program Mass Communication Program (Masscom) Informing the Public The police, being the servants of the community, are duty bound to see to it that the public is properly informed so that it will understand and appreciate the complexities of police work and the invaluable services the police render to the community. Public reporting is an important administrative duty and the police station commander, will need the assistance of a public relations officer. Attention must be given 1. 2. 3. 4. To press relations to formal periodic reports To station publications And to other devices that may be used for keeping the community informed. Supplying Information to the Public The police should be alert to assist the public in every way possible. Citizens invariably turn to the police for information, and the police should be prepared to supply it. The headquarters’ staff and all other members of the police station should know the geography of the city/ town and surrounding areas, the principal highways, the direction and distance to nearby towns the location of prominent buildings, parks and schools and the schedules and routes of the transportation system. Public Information Program This is basic ingredient in effective police community relations. The public must kept well informed so that it will understand and appreciate the complexities of police work and the good service the police render to community. This is possible through the use of media. Medium Use in Public Information Program 1. Personal Media It consists of face to face communication, which includes meetings, rallies, and speeches and house to house visits. This is the most practical medium use in the provinces. Public rallies may be conducted by qualified PNP members where they can speak on matters pertaining to the police that the public should know. 2. Mass Media- includes Audio-visual communication-it implies the use of the following in transmitting information to the public. In the cities and in suburbs, printed matters and audiovisual communication are more effective because of big population, which facilities for such purposes are readily available. Public-Relations Program Every PNP unit from station level up shall have public Relations Officers or look after the public relation aspects of police work. It shall be the duty of the Public Relation Officers to issue press release from time to time regarding the police activities, which are also of public concern. The Public Relation Officer shall involve and conduct a Public Relation Program at promoting better and closer relation between the police and public. The essences of public are simply good service and making the public well informed of the good work done by the police. It is building a good image through actual commendable performance, without inefficiency and corruption. The mission of the Public Relation Officers is to gain public support for policies and to win friendly citizen cooperation in the programs and procedures of the police station in order to facilitate the accomplishment of police tasks. Duties of Public Relation Officers The duties of Public Relations Officers maybe divided into four broad categories namely: To evaluate public opinion and attitude with respect to the policies, methods and personnel of the police station. 2. To advise the police station commander with regard to the public relations aspects of new or revised department programs, policies, procedures, and activities. 3. To plan and to carry out programs aimed at keeping the public informed on police activities. 4. To furnish a staff supervision of all police activities that may influence public support. Civic Action Programs 1. Consistent with the facilities at its disposal all PNP units shall conduct civic action program. The civic action program is one which makes policemen a friend, and partner of the people for progress as well as their defender. It can range upward from basic individual acts of courtesy to disaster relief. To local assistance programs in the concepts of self-help up to major engineering projects. It shall encourage and actively participate in athletic competition to promote youth development, by wisely coordinating with the social elements of the populace. It may initiate if necessary, fund-raising campaign for juvenile delinquents who are being reform. In a state of calamity, every member of the PNP shall be alert to safeguard the community against loss and damages of properties and possible deaths. He shall encourage residents in his jurisdiction to help in activities designed to enhance economic self-sufficiency by actively participating in the Green Revolution and Food Production Campaign of the government. He shall encourage residents from loitering in the streets or engaging in uneconomic activities such as illegal gambling, alcoholism, drugs, and other. He shall promote and actively participate in the establishment on small cottage industries with especial attention to the out of school youth. The principle involved in the PNP Civic Action Programs is that the society of, and not apart from society. They are considered as servants of the community who depend for the effectiveness of their functions upon the express wishes of the people. Mass Communication Programs MASSCOM Program shall be designed to influence the opinions, emotions, attitude and behavior of the public so that they will behave in a manner beneficial to the unit in particular and PNP in general. Policemen should be equipped with a basic knowledge of Masscom and must devote time for a “heart to heart” talk or dialogue with the people, particularly the youth whom he shall strive to mold into useful and law abiding citizens. The PNP units conduct the program which shall condition the citizenry to adhere to laws of the land and dissuade them from committing crimes, thereby minimizing their influence by the misguided elements in our society. PNP personnel are in good position to conduct MassCom because of their direct contact with the people in their respective areas. The PNP units in the province know the ideological temper and peculiarities, including susceptibility of the people in their localities. MASSCOM should be an integral part of police operation because use of force alone can never single handedly solves the problem of dissidence and lawlessness. Objectives of Masscom 1. Develop a full media information dissemination style in order to strengthen the bonds of friendship with the citizenry and broaden public understanding of the PNP. 2. Keep the public well informed that the government and the PNP are after the security and protection of the populace. 3. Generate public support for the activities and programs of the PNP/AFP and keep them aware of the need for the PNP/AFP and the vital role it played in the security and development of the country. 4. Establish rapport and good working relationship with the media. 5. Develop a psychological environment whereby the people will readily respond and support government programs which aimed to establish a democratically, independent, unified, self-reliant and progressive society. Peace Officers Individual Public Relations The peace officer’s individual public relations are divided into five categories, namely: 1. Domestic Relations This consists of a person’s dealings with his family, parents and immediate relatives, with whom he has to have good relationships in order to develop a respectable family prestige as well as cordial community relations. 2. Neighborhood Relations This consists of a person’s dealings with neighbors who constitute a vital link to good reputation in the community. 3. Community Relations This is made up of a person’s dealings with the citizens of the community, city or town where a person lives, his membership or contribution to civil undertakings and his membership or contribution to the civic organization or community associations in the locality. 4. Church Relations This consists of a person’s dealings with religious congregations of the faith to which he belongs. Religious affiliation is necessary for the stability of moral principles. 5. Government Relations This is made up of the dealings, which a person has with government and its various instrumentality. The recognition of government authority, its laws and ordinances, as well as other public responsibilities, are significant phases of an individual’s public relations. The Peace Officer’s Professional Public Relation The peace officer’s professional public relations are divided into eight categories, namely: 1. Intra- Departmental Relations This is made up of the peace officer’s relations with the officers and men of his own department, his superiors, the station commander, as well as the city/municipal mayor where he is assigned. 2. Inter- Departmental Relations Relations with other police agencies are evident in his cooperation and dealings with the Philippine National Police and other law enforcement agencies of the government. 3. Citizens’ Relations This includes all dealings or contacts with the citizens in relation to the enforcement of the law and the maintenance of peace and order, together with the giving of information to the public on criminal and noncriminal activities. 4. Complaint Relations This includes how an officer deals with complaints, the techniques of interview he uses, the manner of approach he adopts, the treatment of witnesses as well as informers. 5. Relations with Accused Persons This covers the proper treatment of suspects, the recognition of their constitutional rights during custodial investigation and the handling of the accused persons during confinement. 6. Relations with State Prosecutors or Fiscals This includes a police officer’s duty to cooperate during preliminary investigations and the gathering of further evidence once the case is filed by the fiscal. 7. Judicial Relations This consists of the peace officer’s duties toward the courts when appearing as a witness and the honesty of his testimony. 8. Institutional Public Relation Dealings with the institution or organization.