Professional Conduct and

Ethical Standards
CRIM 4
Philosophy of Ethics, Morality,
Standard Behavior, Values and
Social Norms
MODULE 1
 “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.
 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.
Cont…

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.
Cont…

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.
Cont…

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)
 Cont…

 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.
Cont…

HUMAN ACTS
 An act that is performed only by a human being and
thus is proper to man. Not every act that a human
being does is a distinctively human act. Some acts that
human beings do are performed also by animals,
 Acts that are done knowingly, deliberately and freely
Cont…

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
Cont…

 Voluntariness came from the Latin word “voluntas”

referring to the “Will”.
 Perfectvoluntariness 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.
Cont…

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.
Cont…

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.
 Cont…
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.
Cont…

 Are All Members of the PNP required to

follow the Provisions of the Code?
 Itis 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.
 Cont…

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
PROFESSIONAL ETHICS

a set of moral code to which

every profession must
subscribe
 guidesthe 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 AND BEHAVIOR
MODULE 2
VALUES
 anything that a person considers
important in life, such as material
things, ideas and experiences
 Values are individual beliefs that
motivate people to act one way or
another. They serve as a guide for
human behavior.
Cont…

KINDS OF VALUES
 BIOLOGICAL VALUES
 PSYCHOLOGICAL VALUES
 INTELLECTUAL VALUES
 MORAL VALUES
Cont…

VIRTUE
a habit that inclines the person to act in
a way that harmonizes with his nature
the habit of doing good
theopposite 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.
 Cont…
Variations of Justice:
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,
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.
Restorative Justice
 It is concerned not so much with retribution and punishment as with making the
victim whole and reintegrating the offender into society.
 Cont…
 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
 Commonly called “courage”
 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.
IMPORTANT TERMS TO PONDER ABOUT
POLICE ETHICS
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.
Cont…

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.
Cont…

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.
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
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.

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.
PROFESSIONAL CONDUCT AND
ETHICAL STANDARDS IN VIEW
OF HUMAN RIGHTS AND
VICTIMS WELFARE
MODULE 3
Rights
 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 self-development
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
 Natural Duties
Are those imposed by natural law such as the duty to care for our health.
 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.
 Positive Duties
Are those imposed by a human positive law such as the duty to pay taxes and to observe
traffic rules.
 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”

 ARTICLEIII of the 1987 Philippine

Constitution provides for the bill of rights
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.
 Bill of rights…

 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.
 Bill of rights…

 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.
 Bill of rights…

 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.
 Bill of rights…

 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.
 Bill of rights…

Section 12 cont….
 (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.
 Bill of rights…

 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 release 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.
 Bill of rights…
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.
 Bill of rights…

 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.
 Bill of rights…

 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.
 Bill of rights…

 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.
 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
 REPUBLIC ACT NO. 7438
APRIL 27, 1992

 Section 2. Rights of Persons Arrested, Detained or Under

Custodial Investigation; Duties of Public Officers. –
 Rightto be at all times be assisted by counsel (competent
independent and preferably his own choice)
 Right to be informed (in a language known to and understood by
him)
 Right to remain silent
 Investigation report must be read and adequately explained;
 REPUBLIC ACT NO. 7438
APRIL 27, 1992
Section 2…
 Any Extrajudicial confession shall be in writing and signed by him 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 the extrajudicial confession is inadmissible in any
proceeding);
 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 such person in the
presence of his counsel; otherwise the waiver shall be null and void
and of no effect.
 REPUBLIC ACT NO. 7438
APRIL 27, 1992

Section 2…
 Shall be allowed visits by or conference with any member of his
immediate family. Or any medical doctor or priest or religious
minister as 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
(CHR) or by any international non-governmental organization duly
accredited by the Office of the President.
 RULE 115 of REVISED RULES ON
CRIMINAL PROCEDURE

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.
 RULE 115 of REVISED RULES ON
CRIMINAL PROCEDURE

Section 1. Rights of accused at the trial. — In all criminal

prosecutions,
 (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.
 RULE 115 of REVISED RULES ON
CRIMINAL PROCEDURE

Section 1. Rights of accused at the trial. — In all criminal

prosecutions,
 (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.
International Human Rights Law
 International human rights law lays down the
obligations of Governments to act in certain ways or to
refrain from certain acts, in order to promote and
protect human rights and fundamental freedoms of
individuals or groups.
The Universal Declaration of Human Rights
 Article 1 Right to Equality
 Article 2 Freedom from Discrimination
 Article 3 Right to Life, Liberty, Personal Security
 Article 4 Freedom from Slavery
 Article 5 Freedom from Torture and Degrading Treatment
The Universal Declaration of Human Rights
 Article 6 Right to Recognition as a Person before the Law
 Article 7 Right to Equality before the Law
 Article 8 Right to Remedy by Competent Tribunal
 Article 9 Freedom from Arbitrary Arrest and Exile
 Article 10 Right to Fair Public Hearing
The Universal Declaration of Human Rights
 Article 11 Right to be Considered Innocent until Proven Guilty
 Article 12 Freedom from Interference with Privacy, Family, Home and
Correspondence
 Article 13 Right to Free Movement in and out of the Country
 Article 14 Right to Asylum in other Countries from Persecution
 Article 15 Right to a Nationality and the Freedom to Change It
The Universal Declaration of Human Rights
 Article 16 Right to Marriage and Family
 Article 17 Right to Own Property
 Article 18 Freedom of Belief and Religion
 Article 19 Freedom of Opinion and Information
 Article 20 Right of Peaceful Assembly and Association
The Universal Declaration of Human Rights
 Article 21 Right to Participate in Government and in Free
Elections
 Article 22 Right to Social Security
 Article 23 Right to Desirable Work and to Join Trade Unions
 Article 24 Right to Rest and Leisure
 Article 25 Right to Adequate Living Standard
The Universal Declaration of Human Rights
 Article 26 Right to Education
 Article 27 Right to Participate in the Cultural Life of Community
 Article 28 Right to a Social Order that Articulates this Document
 Article 29 Community Duties Essential to Free and Full Development
 Article 30 Freedom from State or Personal Interference in the above
Rights
LAW ENFORCEMENT
CODE OF ETHICS
MODULE 4
 Code of Ethics and Peelian Principles

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).
 Code of Ethics and Peelian Principles

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.
 Code of Ethics and Peelian Principles

Peelian's Principles
 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.”
 Code of Ethics and Peelian Principles

Peelian's Principles
 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.”
 Code of Ethics and Peelian Principles

Peelian's Principles
 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
 Code of Ethics and Peelian Principles

Peelian's Principles
 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.”