PROFESSIONAL CONDUCT AND ETHICAL STANDARD 4.1. Apply the principles of ethics, morality, values, social norms, and standards in law enforcement activities ETHICS - It is the science of the morality of human acts - It is the study of the human motivation, and ultimately of human rational behavior - It is derived from Greek words “ethos” which means a characteristic way of acting and “ethikos”, which means customary. MORALITY - It is the quality which makes an act good or bad, good or evil, right or wrong. VALUES - It is anything that a person considers important in life such as material things, ideas and experiences Biological values – necessary to the physical survival of man as an organism -Life and health -Food and shelter -Work Social Values- necessary to the sensual need and fulfillment -Marriage -Family and home -Parental authority -Education Rational values – necessary to the functions and fulfillment of intellect and will -Guide and control of one self -Religion 4.2. Exhibit adherence to the Law Enforcement Code of Professional Conduct and Ethical Standards LAW Enforcement code of ethics As a law enforcement my fundamental duty is to serve man - kind” “To safe guard lives and property: to protect the innocent against deception, the weak against oppression or intimidation; and the peaceful against violence or disorder.” “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 on ridicule and develop self -restrain” “Whatever is see or hear of a confidential nature or that is confined to me in my official capacity will be kept secret unless revelation is necessary in the performance of my duty “I will never permit personal feeling, prejudice, animosities or friendship to influence my decision” “I will never act officiously” “With no compromise for crime and with relentless prosecutions of criminals I will enforce the law courteously and appropriately without fear or favor, malice or ill will” “I will never employ unnecessary force or violence” “I will never accept gratitude's” “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 police service” “I will constantly strive to achieve these objectives and ideals dedicating myself before god to may chosen profession ……LAW ENFORCEMENT 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 conduct themselves in a manner that would not place the PNP in bad light. Career management - the key to professionalism - its improper implementation will greatly prejudice the personnel professionalization process as regards procurement, promotion, assignment, placement, training, awards, and retirement. police management leadership - the effectiveness of law enforcement is reflective of the managerial capabilities and competent leadership of the men and women who run the PNP organization. It is therefore a “must” that these attributes be the primary basis for consideration in the selection of personnel for employment and deployment purpose. equality in the service there shall be judicious and equitable distribution of opportunity to prove one’s worth in the police service. 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. Delicadeza 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. Police Lifestyle 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. Political Patronage All PNP members must inhibit himself from soliciting political patronage in matters pertaining to assignment, awards, training and promotion. Human Rights All PNP members must respect and protect human dignity and man’s inalienable rights to life, liberty and property. Setting Example - ALL PNP members should set good example to the subordinates and follow good example from the superiors Police Professional Conduct Commitment to democracy - Uniformed PNP members commit themselves to democratic way of life and values maintain the principle of public accountability. They shall at all times uphold the constitution and be loyal to our country. Commitment to Public interest - - ALL PNP members shall always uphold public interest over and above personal interest. ALL PNP personnel must avoid and prevent the “malversation of Human Resource” “malversation of Government time” and “malversation of Government property and funds”. Non-pArtisanship - PNP members shall provide services to everyone without discrimination regardless of party affiliation in accordance with existing laws and regulations Physical fitness and health - All PNP members shall strive to be physically and mentally fit and in good health at all times. Secrecy 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. Social awareness - All PNP members and their immediate family members shall be encourage to actively get involved in the religious, social and civic activities to enhance the image of the organization but without affecting their duties Non-Solicitation of patronage - All 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 regards to their assignments, promotions. Proper care and use of public property - PNP personnel shall be responsible for the security, proper care and use of public property issued to them and/or deposited under their care and custody Respect of human rights - in the performance of duty the PNP members shall respect and protect human dignity and uphold the human rights of all person. Devotion to duty - ALL PNP personnel 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 servants Conservation of natural resources - All personnel of the PNP shall help in the development and conservation of our natural resources for ecological balance and posterity as these are the inalienable heritage of our people Discipline - ALL personnel of the PNP shall conduct themselves at all times in keeping with the rules and regulations of organization. Loyalty - above All PNP personnel must be loyal to Constitution and the police service as manifested by their loyal to their superiors, peers and subordinates as well. Obedience to superior - ALL PNP personnel shall obey lawful orders and courteous to superior officer and their appropriate authorities within the chain of command. Command responsibility - in accordance with the doctrine of command responsibility, immediate commanders/directors shall be responsible for the effective supervision, control and direction of their personnel and shall see to it that all government resources shall be manage or utilized in accordance with laws and regulation and safeguard against losses thru illegal or improper disposition. The Ethical Standards Morality - ALL PNP personnel shall adhere to high standards of morality and decency and shall set good example for others to follow. - Hence, among others, and in no instance during their terms of office shall they be involved as owners, operators, managers or investors of any house of ill-repute or illegal gambling den or other devoted to vices, nor shall they patronize such places, unless on official duty, and tolerate operations of such establishment in their respective areas of responsibilities. Judicious use of authority - PNP members shall exercise proper and legitimate use of authority in the performance of duty Integrity - PNP personnel shall not allow themselves to be victims of corruption and dishonest practices in accordance with the provision of RA 6713 and other applicable laws Justice - PNP personnel 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 Humility - ALL PNP personnel shall recognized the fact that they are public servants and not the masters of the people and towards this end, they should perform their duties without arrogance. Orderliness - ALL PNP personnel shall follow logical procedure in accomplishing task assigned to them to minimize waste in the use of time, money and effort. 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. 4.3. Apply the Oath of Office for public officers and employees, embodying the principles of the Code of Conduct and Ethical Standards for government officials and employees and Code of Conduct and Professional Ethical Standards for Criminologists. OATH As public servants we at the National Archives of the Philippines are firmly committed to the CODE OF CONDUCT AND ETHICAL STANDARDS for Public Servants and therefore promise to serve our people with LOYALTY, RESPECT, DIGNITY and INTEGRITY. We shall put people first in carrying out All our duties and respond to their needs promptly. We commit ourselves to offer services FAIRLY, EQUITABLY, HONESTLY, RESPONSIVELY Without any bias. We shall also ensure a high level of TRANSPARENCY and OPENNESS in providing accessible, accurate and reasonable information to our people at all times. We will not accept any ADVANTAGE, GIFTS or BENEFITS that might be seen to prejudice our position or lead to conflicts of interest. We are prepared to honestly explain and be accountable for any action undertaken in the line of duty and will use official facilities and equipment economically, effectively and efficiently. We will strive creativity and innovation and observe standards of service which are RELEVANT, ACHIEVABLE and REALISTIC, MEASURABLE and TRANSPARENT, In order to promote the welfare of our people. We will furthermore make individual and team Performance count when it matters by leadership and example. This is our pledge to the people of the Republic of the Philippines. [REPUBLIC ACT NO. 6713] 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 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 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. CODE OF ETHICS AND PROFESSIONAL CONDUCT OF PHILIPPINE REGISTERED CRIMINOLOGISTS CHAPTER I - THE CRIMINOLOGIST AND SOCIETY Rule 1 - Primary Responsibilities A criminologist shall uphold the Philippine Constitution, obey the laws of the land, administrative regulations, and promote respect for law and legal process. Rule 1.1- A criminologist shall engage only in any legal, moral, and ethical conduct. Rule 1.2- A criminologist shall promote obedience to the law and confidence in the criminal justice system. Rule 1.3- A criminologist shall refrain from any corrupt motive or interest, engage or participate in delaying any man's cause Rule 1.4- A criminologist shall respect and protect human rights such as religious belief, gender sensitivity, and healthful ecology, among others. Rule 2 - Conduct Towards the Public A criminologist shall always uphold the public interest over and above personal interest and must act with justness and sincerity. Rule 2.1- A criminologist shall always act with dignity, fairness, and sincerity to help others. Rule 2.2 - A criminologist shall deal with individuals of the community in instilling respect for its laws and his or her profession. Rule 2.3- A criminologist shall extend prompt, courteous, and adequate service to the public. Rule 2.4- A criminologist shall provide service to everyone without discrimination, and regardless of party affiliation or preference. Rule 2.5- A criminologist shall recognize his or her social responsibility and strive to contribute to the well-being of the society through research, teaching, and practice. 4.4. Comprehend the concept of ethics and its practical application concerning the foundational principles of human rights. 10 BASIC INTERNATIONAL ENFORCEMENT HUMAN RIGHTS STANDARDS FOR LAW STANDARD 1: EQUAL PROTECTION Everyone is entitled to equal protection of the law, without discrimination on any grounds, and especially against violence and other threats. Be especially vigilant to protect potentially vulnerable groups such as children, the elderly, women, refugees, displaced persons, and members of minority groups. STANDARD 2: RESPECTFUL TREATMENT Treat all citizens and victims of crime with compassion and respect, with utmost consideration for their need for safety and privacy. It must be remembered that under the law, all arrested persons and detainees are still considered innocent and have the right to due process. Only the court can determine their guilt or innocence. Even when they are already convicted by the court, they still have the right to be treated humanely, with full respect and dignity. STANDARD 3: USE OF FORCE Do not use force except when strictly necessary and to the minimum extent required under the circumstances. STANDARD 4: POLICING NON-VIOLENT ASSEMBLIES Avoid using force when policing unlawful but non-violent assemblies. When dispersing violent assemblies, use force only to the minimum extent necessary. STANDARD 5: USE OF LETHAL FORCE Lethal force should not be used except when strictly unavoidable in order to protect your life or the lives of others. STANDARD 6: ARRESTING PERSONS ON LEGAL GROUNDS Only arrest persons if there are legal grounds to do so, and the arrest is carried out in accordance with lawful arrest procedures. STANDARD 8: HUMANE TREATMENT OF DETAINEES All detainees must be treated humanely. Under any circumstances, do not infict, instigate, nor tolerate any act of torture or ill-treatment, and refuse to obey any order to do so. STANDARD 9: REFUSAL TO OBEY UNJUST ORDERS Do not carry out, order, or cover-up extra-legal killings or enforced disappearance, and refuse to obey any order to do so. STANDARD 10: REPORTING VIOLATIONS Report all violations of these standards to your senior officer and to the nearest Prosecutor’s Office. Do everything within your ability and authority to ensure steps are taken to investigate violations of these standards. Human rights in the Philippines are protected by the Constitution of the Philippines, to make sure that people in the Philippines are able to live peacefully and with dignity, safe from the abuse of any individuals or institutions, including the state. The concept and practice of human rights within the Philippines is defined by Article III of the Philippine Constitution, as well as the United Nations' International Bill of Human Rights, to which the Philippines is a signatory. BILL OF RIGHTS 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. 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 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 the 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. Section 22. No ex post facto law or bill of attainder shall be enacted.
