PROFESSIONAL

CONDUCT
AND
ETHICAL STANDARDS
 Unit 1- Philosophical Background

Plato

Plato’s Ethics: An Overview

First published Tue Sep 16, 2003; substantive revision Wed Dec 6, 2017
Like most other ancient philosophers, Plato maintains a virtue-based eudaemonistic conception of
ethics. That is to say, happiness or well-being ( eudaimonia) is the highest aim of moral thought and conduct,
and the virtues (aretê: ‘excellence’) are the requisite skills and dispositions needed to attain it.

Aristotle
About Aristotle's Ethics
 The highest good and the end toward which all human activity is directed is happiness, which can be
defined as continuous contemplation of eternal and universal truth.
 One attains happiness by a virtuous life and the development of reason and the faculty of theoretical
wisdom.
Socrates believed that if one knows what the good is, one will always do what is good. Thus if one

truly understands the meaning of courage, self-control, or justice, one will act in a courageous, self-

controlled and just manner.

Socrates offers three argument in favor of the just life over the unjust life: (i) the just man is

wise and good, and the unjust man is ignorant and bad (349b);

(ii) injustice produces internal disharmony which prevents effective actions (351b); (iii) virtue is
excellence at a thing's function and the just person lives.

St. Thomas Aquinas

Aquinas's ethical theory involves both principles – rules about how to act – and virtues –
personality traits which are taken to be good or  moral to have in contrast, believes that moral thought
is mainly about bringing moral order to one's own action and will.

T Aquinas' five ways defined God as the Unmoved Mover, the First Cause, the Necessary
Being, the Absolute Being and the Grand Designer.

THE STUDY OF ETHICS

Ethics is derived from the Greek word ethos which means “characteristics way of acting”. Its Latin
equivalent is mos, mores, meaning “tradition or custom”. Ethos includes cultural mannerism, religion,
politics, laws, and social aspirations of a group of people. In our study, ethos refers to those characteristics
belonging to man as a rational being, endowed with intellect and free-will.

The ethos of man as man is revealed in the following:

1. He is able to distinguish between good and evil, right or wrong, moral and immoral.
2. He feels within himself an obligation to do what is good and to avoid what is evil.
3. He feels himself accountable for his actions, expecting reward or punishment for them.

In other words, man is endowed by nature with a moral sense. He is self-conscious of his dignity and
submits to the duty of doing what is good and avoiding what is wrong. This much is expected of man: that he
conducts himself according to the “dictates of reason:.

Ethics, its meaning

Ethics is defined as the science of the morality of human acts. And because actions reflect the
motives of the doer, ethics is said to be the study of human motivation, and ultimately, of human rational
behavior. That aspect of the subject matter which primarily interest’s ethics is morality.
 Human acts are those actions performed by man, knowingly and freely. They are also called
deliberate or intentional actions, or, voluntary actions. As such, they are differentiated from so called acts of
man which are instinctive and involuntary.

Morality is the quality of human acts by which they are constituted as good, bad, or indifferent. That
which is good is described as moral; that which is bad is immoral, and that which is indifferent is amoral.

Human acts reveal the thoughts and inclination of the person doing them. They are then
manifestation of one’s character or moral conduct. A person who has the habit or inclination to do good is
said to be virtuous. On the contrary, one who has the habit of doing wrong is vicious.

Ethics as Value Education

In the classical tradition, ethics is Moral Philosophy and is distinguished from Moral Theology. As a
branch of philosophy, ethics relies solely on human reason to investigate truths. Moral Theology, on the other
hand, employs reason insofar as it is enlightened by faith or divine revelation.

In contemporary curriculum, ethics takes the form of Value Education. A value is something a person
prizes, cherishes and esteem as important to him. It includes ideas, things, or experiences. The aim of Value
Education is to guide the individual in choosing wisely his values in acting upon them.

Ethics is the rational foundation of any attempt at Value Education. Ethics goes deeper into the
reasons why we must choose certain values. Ethics explains human values in relation to the ultimate
purpose of human existence.

The Art of Correct Living

Art, in general, is the appreciation of beauty. It implies order and harmony in parts in a given whole.

Human life does not imply merely physical survival. It is a vocation towards the refinement of the
spirit. The demands of daily life include and derives meaning from the cultivation of those traits that truly
reflect man’s innate dignity. In this context, ethics, is an art. It is the breath of life, pulsating with the desire for
growth and development. It is a master plan indicating where man must go and what he ought to do in order
to live well. In a sense, every man is an artist, creating something of beauty out of his self.

Importance of Ethics

Ethics is an indispensable knowledge. Without moral perception, man is only an animal. Without
morality, man as rational being is a failure. Because moral knowledge is too essential to be dismissed, the
Creator has seen it fit to gift man with natural insight of it. No matter how rudimentary and vague, the
primitive has it. And modern man, finding convenient reasons to turn his back from it, discovers that he is in
the center of it.

“Moral integrity is the only true measure of what man ought to be. The most powerful king, or the
most successful professional, is nothing unless he too is morally upright”. Thus, the philosophers speak of
ethics as the “only necessary knowledge”. We are tempted to center everything on human happiness”, says
Jacques Leclercq, “forgetting that man’s greatness, perfection and happiness, his whole meaning in fact,
consist in transcending the commonly accepted human good”.

“Morality is the foundation of every human society”. Rightly, Russell observes that “without civic
morality, communities perish; without personal morality their survival has no value”. Every culture admits the
importance of morality as a standard of behavior. When the moral foundation of nation are threatened that
society itself is threatened.

Two Ethical Systems

There are two general categories under which ethical theories may be classified: the atheistic and
theistic approached.

1. The Atheistic approach assumes that only matter exists and that man is responsible only to himself
since there is no God who creates and rules the universe. Morality is an invention of man to suit his
requirements and to preserve his society. Moral truths are therefore temporary and mutable depending
on the situation. Accordingly, the concept of good and evil is always relative and changeable.

Atheistic theories propose the following principles:

1. Matter is the only reality.
2. Man is matter and does not have spiritual dimension.
3. Man is free and must exercise his freedom to promote the welfare of society.
4. There is no life after death.
5. Man is accountable only to the State

2. The Theistic approach begins with the assumption that God is the Supreme Lawgiver. Everything must
conform to God’s eternal plan of creation. Man must exercise his freedom in accordance with God’s will.
There are absolute principles of morality which are not changeable. Man is accountable for his actions and
deserves either a reward or punishment in this life or in the next.

Theistic theories postulate the following truths:

1. God is the Supreme Creator and Lawgiver.

2. Man is free and must use his freedom to promote personal and social interests along with his
fellowmen.
3. Man has an immortal soul which cannot die.
4. Man is accountable for his action, both good and evil.

Ethics and Religion

Ethics is a science and depends upon rational investigation of its truths. Religion is a system of
beliefs and practices based on faith or revelation.

Ethics teaches the value of religion, presenting it as duty to the Almighty. Religion, on the other
hand, as an organized church, contributes to the teaching of ethics and continues to enrich with its moral
insights. Thus, religion provides both the direction and motivation for the moral life of people. While different
religions give different emphasis to different moral values, they coincide in their effort to improve both man
and human society. All great religion, for instance, hold life in deep respect and propose universal
brotherhood as necessary for global peace and prosperity.

Ethics and Law

Ethics studies human motivation. It goes deeper than the study of external actions. It explores
thoughts and feelings. It requires tha man desires that which Is good and act in accordance with that desire.
On the contrary, the la requires that we perform the required action regardless of our feelings towards such
action. The law is concerned with externality of the act. “For law is definitely concerned”’ says Montimer J.
Adler, “ with what we do, not what we feel”.

Ethical norms cover thoughts and feelings. Laws do not judge man’s thought and desires. In ethics
of St. Paul, for example, a man commits adultery when he regards a woman lustfully. This is not the case
with law which requires an external act as proof that a crime has been committed.

Morality therefore, has a wider implication than law, because law can either be moral or immoral.
Thus, what is legal is not necessarily moral; but what is moral is necessarily worth legalizing.

Ethics is not simply a body of do’s and don’ts in the manner laws are. Ethics is a personal
commitment to uphold what is true and good. Ethics aims to develop “right disposition and inner spirit” for
accepting what is lawful. (Bernard Haring, The Law of Christ, vol.1 Mereien Press, Cale, vb 1960, p. 42-43).

Professional Ethics

The practice of a profession cannot be regulated entirely by legislation. Each profession therefore
subscribes to a set of moral code. This Code of Ethics guides the actuation of a professional where the law is
silent or inadequate.

A Code of Ethics implies that, before anything else, a professional is a person who has the obligation
to listen to the “dictates of reason”. The need for it is obviously to the advantage of the profession. Many
businessmen, for example, do realize that “honest business” translates to “good business”. The public
patronizes firms that are perceived to be reputable. The Code of Ethics for Business proposed by Bishop-
Businessmen’s Conference for Human Development, Philippines, provides:

Towards the customers, business shall, in the production of good and services:

- Strive after a quality that will enable them to serve their purpose efficiently and effectively;
- Avoid anything that would be detrimental to the health, safety or growth of the proper user or
beneficiary of such goods and services;
- And seek to apply or make use of the discoveries and inventions of science with adaptations that
will improve their products or services, thereby benefiting customers/users and increasing their
numbers.

Lesson 1.2 The Human Act

Man no doubt is creative because he possesses tremendous bodily and spiritual powers. Every
minute of his life, he acts, transforming himself and the world around him. Action constitutes a person, an
individual in control of himself and accountable to himself. What a person is and what becomes of him
depend largely on the type of actions he performs during his life-time.

Human Acts

Distinction is made between human acts and acts of man. The human acts are those actions which
man performs knowingly, freely, and voluntarily. These actions are the result of conscious knowledge and
are subject to the control of the will. We refer to these actions as deliberate, intentional, or voluntary.

The acts of man are those actions which happen in man. They are instinctive and are not within the
control of the will. Such actions are the biological and physiological movements in man such as, metabolism,
respiration, fear, love and jealousy.

Essential Attributes

For an act to be considered a human act, it must possess the following characteristics:

1. It must be performed by a conscious agent who is aware of what he is doing and of its
consequences. Children below the age of reason, the insane- are considered incapable of acting
knowingly.
2. It must be performed by an agent who is acting freely, that is, by his own volition and powers. An
action done under duress and against one’s will is not a free action.
3. It must be performed by an agent who decides willfully to perform the act. This willfulness is the
resolve to perform an act here and now, or in some future time.

Kinds of Human Acts

Human acts are either elicited acts or commanded acts. Elicited acts are those performed by the will
and are not bodily externalized. Paul Glenn enumerated the following elicit acts:

1. Wish is the tendency of the will towards something, whether this be realizable or not. The object of
wishing may include the impossible, or, that which is remotely possible, such as winning the
sweepstakes.
2. Intention is the tendency of the will toward something attainable but without necessarily committing
oneself to attain to attain it. Such is our intention to study the lesson, to attend a party, or to spend a
vacation in Baguio.
3. Consent is the acceptance of the will of those needed to carry out the intention. Thus, a woman is
said to show consent when she consciously attracts attention to herself.
4. Election is the selection of the will of those means effective enough to carry out the intention. It is this
act of the will which moves the salesman to dress up and take a ride to see his client.
5. Fruition is the enjoyment of the will derived from the attainment of the thing he had desired earlier.
The joy of the woman on being complimented for her attractiveness, or the satisfaction of the
salesman in closing a deal with his client- fruition.

Commanded acts are those done either by man’s mental or bodily powers under the command of
the will. Commanded acts are either internal or external actions.
 Example of internal actions is conscious reasoning, recalling something, encouraging oneself,
controlling aroused emotion and others.

Example of external actions is walking, eating, dancing, laughing, listening, reading and others.

Some actions are combinations of internal and external movements such as listening, studying,
reading, driving a car, writing a letter, or playing chess. (Paul Glenn, Ethics, A Class Manual in Moral
Philosophy, Herder Book Co, reprint National Bookstore, Inc., Mla, 1965,pp.7-8)

Moral Distinctions

Human acts may either be in conformity or not with the dictates of reason. “Dictates of reason” refers
to the shared consciousness of prudent people about the propriety of a certain action or manner of
behavior. It shows what is permissible in a given situation, the best option as a matter of fact.

“Dictates of Reason” stands for the norm of morality which is the standard by which actions are judged
as to their merits or demerits. On the basis of their relation to the norm of morality, actions are classified into
moral, immoral, or amoral.

1. Moral actions are those actions which are in conformity with the norm of morality. They are good actions
and are permissible. Working, studying, paying a debt, telling the truth, loving a friend- are moral
actions.
2. Immoral actions are those actions which are not in conformity with norm of morality. They are bad or
evil and are not permissible. Refusing to help the needy, committing murder, adultery, stealing, telling
lies- are immoral actions.
3. 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
circumstances attendant to them. Playing basketball is an amoral act, but playing basketball when one
is supposed to be attending a class is wrong. Playing basketball out of sense of duty to the team is
good.

Extrinsic and Intrinsic Evil

The relation of actions to the norm of morality is either intrinsic or extrinsic. Something is
intrinsic to a thing when it is integral to the nature of that thing. The sweetness of a mango fruit is, for
example, intrinsic to it. But the appeal of a mango to a particular person is extrinsic to it. That is, such
quality is not an integral element of it as fruit.

Some actions are intrinsically evil because their nature is defective either by excess or by
lack of certain attributes. Such, for example, is the nature of stealing which, by nature, manifests lack of
respect for the property of another.
 Some other actions are extrinsically evil because certain factors attached to them by way of
circumstances render them opposed to the norm of morality. Drinking liquor is extrinsically evil when
done in excess.

Actions that are intrinsically evil are prohibited at all times and under any circumstance.
Actions that are extrinsically evil may be tolerated provided the circumstance rendering it to be wrong is
first removed. Suicide is intrinsically evil and remains immoral whatever is its justification. Therapeutic
abortion is extrinsically evil when it is resorted to as necessary means to safeguard the life of the
mother.

Imputability of Human Acts

A human act is done by a person who is in control of his faculties: intellect and will. In this
sense, a person is like the captain of a ship who assumes full responsibility and accountability for his
decisions.

The imputability of a human act means that the person performing the act is liable for such
act. It involves the notion of guilt or innocence. Thus, actions are either praiseworthy or blameworthy.
Actions are attributed to the doer as their principal cause. (Paul Glenn: pp.121-123)

Sanctions and Penalties

Imputability implies that the doer is either deserving of reward or punishment. This is a basic
requirement of justice.
The penal laws of our country provide for a system of punishment for crimes, ranging from simple
fines to imprisonment. The capital punishment, that is, death penalty, is reserved for “heinous crimes”.
Unless also prohibited by the laws of the State, immoralities are nt given corresponding legal
punishment such as fines or imprisonment. The Bible, however, speaks of death as the punishment for sins”.
Though the Old Testament interpret this as death by execution, it refers more to spiritual death or suffering.
A form of spiritual death is the loss of peace of mind, the only genuine happiness possible in this life.
Medical science and psychiatry also show that many diseases, both mental and physical, are caused by
spiritual disorientation. Indeed, many of the human sufferings we see and experience are the direct results of
immoral situations. For example, an immoral person risks losing his honor, his job, and his family. He also
runs the risk of being ostracized. On the other hand, the world looks up a man of integrity. Peace,
contentment, and honor are but some of the rewards coming to an upright person.

Voluntariness
Voluntariness comes from latin word “voluntas”, referring to the will. Voluntariness is essential to an
act. Without it, an act is mere act of man. We distinguish between perfect and imperfect, and conditional and
simple voluntariness.
1. Perfect voluntariness is present in a person who fully knows and fully intends an act. A man who, wanting to
get even, takes a gun and shoots his enemy is said to be acting with perfect voluntariness.
2. Imperfect voluntariness is present in a person who acts without fully realizing what he means to do, or
without fully intending the act. A drunken man might act irrationally without fully realizing what he is doing; or,
a woman, in terror, might jump out of a window without fully intending to kill herself.
3. Conditional voluntariness is present in a person who is forced by circumstances beyond his control to
perform an act which he would not do under normal conditions. A child who is intimidated by his mother to
study the lesson is acting with conditional voluntariness.
4. Simple voluntariness is present in a person doing an act willfully, regardless of wheher he likes it or not. It is
either positive or negative. It is positive when the act requires the performance of an activity, such as
polishing the floor, paying rent, or playing tennis. It is negative when an act requires the omission of activity,
such as not taking prohibitied drugs, remaining quiet, or not listening to the radio. (Paul Glenn:13-18)

Types of Voluntariness

A person is accountable for his actions and their consequences. But is he is also accountable for
results not directly intended?

Generally speaking, a person is liable for the results which are foreseeable by an ordinary act of
prudence. The prankster who shouts fire” inside a crowded place has certainly some inkling that his joke
might cause fear, panic, stampede and injury to people.

Paul Glenn considers a person accountable for indirectly voluntary results of his acts when:

1. The doer is able o foresee the evil result or effect, at least, in a general way;
2. The doer is free to refrain from doing that which would produce the foreseen evil;
3. The doer has moral obligation not to do that which produces evil effect (ibid. 18-19).

Alfredo Panizo cites these principles: (ibid. 38-39)

1. A person is held morally responsible for any evil effect which flows from the action itself directly and
necessarily as a natural consequence, though the evil effect is not directly willed or intended.
2. A human act from which two effects may result, one good and one evil, is morally permissible under
four conditions. If any of these conditions is violated, then he action is not justifiable and should not
be done.

These four conditions are:

1. The action which produces double effects must be good in itself, or at least morally indifferent.
2. The good effect must not come from the evil effect. To do evil in order to achieve something
good is not justified.
3. The motive of the doer must be towards the attainment of the goo. The evil effect is permitted
only as an incidental result.
4. The good effect must outweigh the evil result in its importance.
 This principle and conditions find application in the so called “therapeutic abortion” where the direct
intention is the saving of the mother’s life with the incidental result of aborting the fetus.

Lesson 1.3 The Modifier of Human Act

The ideal is for man to act deliberately, that is, with perfect voluntariness. This is not always possible
though, oftentimes, a certain degree of doubt or reluctance accompanies an act.. at other times, emotions
hold sway, propelling action with the swiftness of an impulse.

Factors that influence man’s inner disposition towards certain actions are called “modifier” of human
acts. They affect the mental or emotional state of a person to the extent that the voluntariness involved in an
act is either increased or decreased. This is significant because the accountability of the act is
correspondingly increased or decreased.

We cite this principle: The greater the knowledge and the freedom, the greater the voluntariness and
the moral responsibility (Panizo:38).

Man does not act in a vacuum. He is an organism responding and reacting to stimulus. His total
make-up is the sum of all experiences. His personal background, education, social upbringing, political
persuasion, religion, and personal aims- contribute largely to his development and behavioral preferences.

The following are the modifiers of human act:

Ignorance

We are familiar with the legal maxim of law “Ignorance of the excuses no one”. This implies that one
should not act in the state of ignorance and that one who has done wrong may not claim ignorance as a
defense.

Ignorance is the absence of knowledge which a person ought to possess. A lawyer is expected to
know his law; the doctor, his medicine, and the manager, his business operations. In the realm of morals,
everyone of age and reason is expected to know at least the general norms of behavior.
Ignorance is either vincible or invincible. Vincible ignorance can easily be reminded through ordinary
diligence and reasonable efforts. The ignorance of a visitor regarding a particular address in a certain place is
vincible, since he can easily ask for information from policeman or pedestrian.

Invincible ignorance is the type which a person possesses without being aware of it, or, having
awareness of it, lacks the means to rectify it. The ignorance regarding missing persons or objects is often
invincible. Sometimes, too, a person acts without realizing certain facts. Thus, a cook might be unaware that
the food he is serving is contaminated.
Under the category of vinciible ignorance is the affected ignorance. This is the type which a person
keeps by positive efforts in order to escape responsibility or blame. It is affected ignorance when an employee
refuses to read a memo precisely so that he may exempted from its requirement (Glenn:26-27).
Principles:
 1. Invincible ignorance renders an act involuntary . Person cannot be held morally liable if he is not
aware of his state of ignorance. A waiter who is not aware that the food he is serving has been
poisoned cannot be held for murder (Glenn: 32).
2. Vincible ignorance does not destroy, but lessens the voluntariness and the corresponding
accountability over the act. A person who becomes aware of the state of ignorance he is in has
the moral obligation to rectify it by exercising reasonable diligence in seeking the needed
information. To act with vincible ignorance is to act imprudently. A waiter who suspects that the
food he is serving has been laced with poison has the moral obligation to ascertain the fac or, at
least, forewarn the guests about his suspicion (Glenn:33).
3. Affected ignorance, though it decreases voluntariness, increases the accountability over the
resultant act. Insofar as affected ignorance interferes with the intellect, it decreases
voluntariness. But insofar as it is willed to persist, it increases accountability. Certainly, refusing
to rectify ignorance implies malice. And the malice is greater when ignorance is used as an
excuse for doing the right thing. Thus, a child who refuses to be guided by his parents has only
himself to blame for his wrong doing.

Passions

Passions, or concupiscence, are either tendencies towards desirable objects, or, tendencies away
from undesirable or harmful things. The former are called positive emotions; the latter, negative emotions. The
positive emotions include love, desire, delight, hope and bravery. The negative emotions include hatred,
horror, sadness, despair, fear and anger.

Passions are psychic responses. As such, they are neither moral or immoral. However, man is
bound to regulate his emotions and submit them to the control of reason.

Passions are either antecedent or consequent. Antecedent are those that precede an act. It may
happen that a person is emotionally aroused to perform an act. Antecedent passions predispose a person to
act. Thus, love may induce one to make numerous and lengthy phone calls to his sweetheart, or, to plot the
murder of a rival.
Principle: antecedent passions do not always destroy voluntariness, but diminish accountability for
the resultant act antecedent passions weaken the will power of a person without, however, completely
obstructing his freedom. Thus, the so called “crime by passion” are voluntary. But insofar as passions interfere
with freedom of the will, one’s accountability is diminished (Panizo: 33).

Consequent passions are those that are intentionally aroused and kept. Consequent passions,
therefore, are said to be voluntary in cause, the result of the will playing the strings of emotions. Thus, a
young man may deliberately arouse himself sexually by reading pornographic magazines. Or a victim of
injustice may intentionally nurse his resentment towards his tormentor. The young man who commits
lasciviousness after arousing himself sexually and the fellow who commits vengeance due to his cultivated
resentment- are both morally accountable.
 Principle: consequent passions do not lessen voluntariness, but may even increase accountability.
This is because consequent passions are the direct results of the will which fully consents to the instead of
subordinating them to its control (ibid).
Fear
Fear is the disturbance of the mind of a person who is confronted by an impending danger or harm
to himself or loved ones. Distinction is made however between an act done with fear and an act done out or
because of fear.

Certain actions which by nature are dangerous or risky are done with varying degree of fear.
Climbing a cliff, flying an airplane through a storm, diving for pearls, or arresting a notorious killer- are
examples of acts performed with fear. In these cases, fear is normal response to danger. Such actions are
voluntary, because the doer is in full control of his faculties and acts in spite of his fear.

Fear is an instinct for self-preservation. We even fear new experiences ir situations, such as
embarking on a long journey, being left alone in a strange place, or being asked to speak before a group of
people. But doing something out of fear, or because of it, is entirely different. Here, fear becomes a positive
force compelling a person to act without careful deliberation.
Principles:
1. Acts done out of fear are voluntary. A person acting with fear is acting inspite of his fear and is in
full control of himself.
2. Acts done out of ear, however great, is simply voluntary, although it is also conditionally
voluntary. (Glenn:41) it is simply voluntary because the person remains in control of his faculties,
including that of moderating fear. It is also “conditionally involuntary” because, if I were not for
the presence of something feared, the person would not act, or would act in another way.
(Ibid:41)
3. Acts done because of intense fear or panic are involuntary. (Ibid) Panic completely obscures the
mind. In this mental state, a person is not expected to think sensibly. Thus, a person in a state of
panic might jump from the 12 th floor of a burning building. Such act is not considered a suicide,
since it is done involuntarily. Panic causes a person to lose complete control of himself.
Intimidating or threatening a person with harm is an unjust act. Legally speaking, actions
done out of fear are invalid acts. Thus, contracts entered into out of fear are voidable, meaning,
they can later on be annulled. It grossly unfair to oblige any person to fulfill a contract obtained
by force or threat (Ibid:42).

Violence

Violence refer to an physical force exerted on a person by another free agent for the purpose of
compelling said person to act against his will. Bodily torture, maltreatment, and mutilation-are examples of
violence against persons.

Principles
1. External actions, or commanded actions, performed by a person subjected to violence, to which
reasonable resistance has been offered, are involuntary and are not accountable. (Ibid:43)
 Active resistance should always be offered to an unjust aggressor, however, if resistance is
impossible, or if there is a serious threat to one’s life, a person confronted by violence can
always offer intrinsic resistance by withholding consent; that is to save his moral integrity
(Panizo:377).

2. Elicited acts, or those done by the will alone, are not subject to violence and are therefore
voluntary
Habits

Habit, as defined by Glenn, “is a lasting readiness and facility, born of frequently repeated acts, for
acting in a certain manner.” (Ibid:43) habits are acquired inclinations towards something to be done. They
assume the role of a second nature, moving one who has them to perform certain acts with relative ease.

Lesson 1.4 The Determinants of Morality

Morality consist in the conformity and non-conformity of an act with the norm. But how does
an act relate to the norm? how do we know that a given act is morally objectionable or not?

Ancient thinkers have given un this axiom: “ Bonum ex integra causa, malum ex quocumque
defectu”. This means that a thing is good if it has the fullness of its parts and it is bad when it is deficient in
any of its integral parts.

In moral parlance, a human act is good when it is good in itself, in its motive or purpose, and
in its circumstances. A defect coming from any of these aspects renders an act morally objectionable. In
other words, like the human anatomy, an act must have the perfection of its parts.

I. The Act in Itself

To consider an act in itself is to regard its naure. An act, of course, is not simply a mental or
bodily activity requiring an expenditure of energy. An act is a physical tendency towards a definite result. This
result is the end of the act (finis operis) as distinguished from the end of the agent (finis operantis) which is
synonymous with the motive of the doer.
In the physical sense, some actions are bad because they produce such evil as pain,
hunger, illness, or death. In the moral sense, actions are bad because they disturb the harmony within the
acting person. They are “unfit” to the natural and spiritual tendencies of the human soul. Moral evils also
produce physical harm and damage of oneself and others. But they are moral evils because what they
destroy is the innate goodness, the image f God, in our human nature. Thus, we say that all moral evils are
those that go against the natural law.

II. The Motive of the Act

 The motive of an act is the purpose which the doer wishes to achieve by such action. It is
what gives direction and motivation to an act. It comes first in the mind as intention and occurs last in the
action as its culmination or fulfillment. Without a motive, an act is meaningless, an accident.

The assumption is for the motive to be good. But what is good motive? A good motive is one
which is consistent with the dignity of the human person. A good motive is one which is in accordance with
truth, justice, prudence, and temperance. It is bad motive that which grows from selfishness because such
motive provokes actions detrimental to others.

“The End Does not justify the Means”

To the doer, an act is a means for achieving an aim or purpose. We, for instance study in
order to acquire knowledge, to pass the course, to receive a degree, and to qualify for a job.

It is, however, wrong to attempt at a good purpose by dubious or evil means. A student may
cheat in an exam in order to graduate.

Paul Glenn gives us the following insights on the effects of the motive on the action (ibid:
111-113):

1. An evil act which is done on account of an evil motive is grievously wrong. A youngster who steal
from his parents in order to buy “shabu” for himself is committing a grievous wrong to himself and his
parents.
2. A good action on account of an evil motive becomes evil itself. The Executive who gives a job to a
lady applicant in order to seduce her later makes his kindness immoral because of his evil intentions.
3. A good action done on account of a good purpose acquires and additional merit.
4. An indifferent act may either become good or bad depending on the motive. Opening the door of a
house is an indifferent act. But the servant who, in connivance with thieves, open the door of the
house of his master, does a wrongful act.

III. Circumstances of the Act

An act is an event. It happens in a definite time and place. It is accompanied by certain

elements which contribute to the nature and accountability of such act. In law, we speak of mitigating or
aggravating factors affecting a criminal act. Morality also takes into account the circumstances surrounding
an act. These circumstances are who, what, where, with whom, why, how and where.

1. Who refer primarily to the doer of the act. At times, it also refer to the receiver of the act. This
circumstance includes the age, status, relation, family background, educational attainment, health
and socio-economic situation of the person or persons involved in an act.

Observations:

a. The moron, the insane, the senile and the children below the age of reason are considered
incapable of voluntary acts and therefore, are exempted from moral accountability. But actions
 against these persons are normally regarded most cruel due to their helplessness in defending
themselves.
b. Persons with higher educational attainment are presumed to know “better” than those with little
education. Accordingly, their; liability is higher. Indeed, “to whom much is given, much is expected”.
c. Persons vested with authority have higher accountability than those who merely follow their order or
command. This is the meaning of “command responsibility” which makes a superior or official
accountable for actuation of those under his authority.
d. The relationship between people involved in act may modify the nature of such act. In this sense,
adultery is different from fornication and parricide from homicide. At times, the type of relationship
between persons involved makes an evil act more scandalous. Cruelty to one’s own children is, for
instance, more wrongful than that done against children of other people.
2. What refers to the act itself and to the quality and quantity of results of such act. The graveness of
robbery, for instance, is measured by what is stolen and by how much is stolen. Likewise, the
relative importance f a murdered victim determines the seriousness of such crime.
3. Where refers to the circumstance of place where the act is committed. Rape done inside a church is
more scandalous than that which is done in the privacy of a house. Murder done before a crowd is
more heinous than that which is done in an isolated place.
4. With whom refers to the companion or accoplices in an act performed. This includes the number and
status of the persons involved. The more peopleare involved in the commission of an act, the greater
and more serius is the crime.
5. Why refers to the motive of the doer.
6. How refers to the manner how the act is made possible. Was the killing accomplished with deceit?
Was it done by use of torture? How an act is performed contribute to the malice of anact.
7. When refers to the time of the act. A murder committed when the victim is sleeping is more offensive
than the one done when the victim is wide awake.

Law: its meaning and relevance

Law, according to St. Thomas Aquinas, is an ordinance of reason, promulgated for the
common good by one who has charge of society.

Laws are “ordinance of reason” because they are rational deliberations intended to guide
men towards what is good for them and for society. Laws either direct men to perform certain activities as
good and necessary, or, to omit certain acts as evil. The objective or purpose of the laws is the attainment of
the common good.

Laws are “promulgated”, that is, they are made known to the people who are bound to
observe them. Indeed, the public must be made aware of what is expected of them. How else do we expect
to observe the law?

Laws are passed by “one who has charge of society” because they can only be valid if they
are the legitimate exercise of authority. Accordingly, only those who have the power and responsibility to
govern have the power to enact laws.
 Laws are necessary to man. They regulate human activity. Without laws, the best intention
will be thwarted either by oneself or by others. Without laws, there will be anarchy and chaos, because each
one will act according to his wishes without regard for the common good.

Laws are comparable to the signs in the street which guide the traveler towards his
destination. Without the street signs, the traveler is lost. Without laws, man will not find his ultimate purpose
in life.

Kinds of Law

1. Divine Positive Law are those promulgated, or made known to us, by special command of
God. They are the explicit demands of our essential tendencies as rational beings. They direct man towards
his proper end. The Decalogue of Moses is an example of divine positive laws.
2. Human Positive Laws are those promulgated by a legitimate human authority. This authority
resides either in the State or in the Church. Human positive laws are intended to preserve peace and
harmony within a society and to direct each member of that society to work towards the common good. The
laws of the State are embodied in the Constitution and in the Code of Civil Laws. The Laws of the Church,
the Catholic Church, are found in the Canon Law.
Both the divine positive laws and the human positive laws originate from the eternal law. We shall
discuss this in detail later. Suffice for the moment to say that Eternal Law is the design of God, as Supreme
Creator, to direct all created things to their respective proper ends.
Divine and Human Laws are either positive or negative. Positive are those that require the
performance of an act, such as, to worship God, to pay taxes, etcetera. Negative laws are those that require
the omission of an act, such as, not to steal, not to kill, etcetera. The positive laws permit and expects actions
to be done. Negative laws prohibit the performance of an act.
Divine or human laws are either moral or penal. A moral law binds in conscience, that is, it is
enforced by our personal conviction about wat ought to be done as good or to be avoided as wrong. A peal
law binds by virtue of the penalty imposed that is, enforced by our fear of being caught or punished.

Properties of Human Laws

1.Human laws must conform with divine laws. This is because all legitimate authority emanates from God.
Therefore, no human authority may willfully contradict God’s will as manifested in the natural law or in the
divine positive law.
2.Human laws must promote the common good.
3.Human laws must be just and not discriminatory of certain individuals or groups. All laws must apply
proportionately to all members of society so that the needs and requirements of each are served.
4.Human laws must be practicable.
5.Human laws regulate external actions only. This is because no human authority has the power to bind the
mind and hearts of men. Therefore, laws are made for men and not men for the laws. Laws must serve
man’s best intentions and stifle his creativity.
6.Human laws are fallible, because human legislators are liable to commit errors. Besides, laws must be
dynamic, allowing for adjustments in accordance with emergent ideas for development.

Unit 2 - Human Values and Theories

Lesson 2.1 Values

Man is not only an animal; he is a person. No other corporeal substance is a person. Only man is.
Man is a person because he has the gift of insight (intellect) and volition (will). We often refer to a person as
self, or ego. There is no basic difference between these two terms. Both imply the self-sufficiency of the
person. Both imply worth or value.

The self is the first and the most fundamental of the values. All others are such in relation to the
sublime dignity of the person. Actions, for example, are values because they are the result of intellect and
will, motivated towards something desirable: another value.

Kinds of Values

Values are classified according to the level of human life to which they correspond: (Ibid:36-38)

1. Biological Values. These are necessary to the physical survival of man as an organism:
a. Life and health
b. Food and shelter
c. Work
2. Social values. These are necessary to the sensual needs and fulfillment:
a. Leisure and sex
b. Marriage
c. Family and home
d. Parental authority
e. Education
3. Rational values. Those are necessary to the functions and fulfillment of intellect and will:
a. Understanding and control of nature
b. Guide and control of oneself
c. Solidarity with fellowmen
d. Religion

The three levels of man’s life are the foundation of moral, socio-political and religious rights of man.
All values, therefore, are interrelated.
Moral Values

What we consider Moral Values are those that directly to the function of intellect and will: those
choices, decisions, and actions, by which man’s rational faculties are involved and perfected. All other
values- biological, social, or rational- when they fall within the exercise of man’s freedom of choice assume
the quality of moral. In this sense, all values are moral in reference to their use or abuse by man as a free
agent.

For example, the consumption of food is value in itself, but over eating is a dis-value or abuse of
food as value. Likewise, willful privation of food is either justifiable or not. One may refuse food for some
capricious reasons, or, one may refuse to eat for some lofty reason: as in a “hunger strike” in protest of
human rights violation.

Thus, Von Rintelen in his article “A Realistic Analysis of Value” defines moral value as “a
qualitatively determined value-in-itself which has a normative obligatory character and presupposes the
liberty of possible decision, a decision to effectuate real value in concrete acts of varying degree.” (Ibid:40)

The characteristics of moral values are implied by the above definition:

1. Moral values are good having intrinsic qualities of desirability.

2. Moral values are universal, that is, they appeal to man as man and to man as a specific individual.
3. Moral values are obligatory. They come as a natural duty, because possession of them is expected
as an integral quality to man as rational creature directed by natural powers towards truth, beauty,
and goodness.

Other values include what we functionally call religious, cultural, and social values:

1. Religious values are those which pertain to man’s relationship with the deity, guiding and regulating his
communion with him.
2. Cultural values are those man shares with others in a given community of persons, shaping their
spiritual kinship, and directing their attention to definite ideals of behavior.
3. Social values are those that are necessary for the promotion of human society as a whole, integrating
the motivation and interest of members towards the common objective or goal.

The hierarchy of values refers to the order of values from the lowest to the highest in importance.
Speaking of their intrinsic worth, values do not have the same degree of desirability. Neither is it possible to
incorporate all values at the same time in our lives. Accordingly, people will have to choose their values. The
science of ethics may help people in their choices, but for all practical purposes it is the responsibility of each
person.

The Aristotelian ranking of values appears justified. The goods pertaining to the soul that is, to the
intellect and will, occupies the highest level of importance. The biological value occupies the lowest rank.
That we should aim for the most essential values is common sense enough. Our choice should direct us to
genuine growth in character.
 Subjectivity plays an important influence in the choice of values. We soon find that in a given
situation, it becomes quite difficult to make decisions. This problem can be solved by certain amount of
flexibility. While knowledge, for example, is essential, leisure may be chosen if studying becomes detrimental
to one’s health.

The circumstances of time and place may also dictate on our choice. Certainly, food is the greatest
in importance for a man who is dying of hunger. Christ, for instance, interrupted himself in his teaching by
multiplying the fishes and loaves of bread.

Choosing our Values

Every man has to choose his values. He is wise indeed who chooses values according to their
intrinsic worth. Our preference should be guided by the following:

1. Permanent or lasting values must be preferred over temporary or perishable values, e.g., education
over courtship.
2. Values favored by a greater number of people must be preferred over those that appeal only to a
few, e.g., discipline over personal freedom.
3. Values that are essential must be preferred over those that are accidental, e.g., health over beauty.
4. Values that give greater satisfaction must be preferred over those that provide short-lived pleasure,
e.g., pursuing your artistic hobby over fanatical devotion to a movie star.

God the Highest Value

God is goodness, the perfect good. He is the exemplar of all goodness found in all creatures. He is
the plenitude of everything desirable. Thus, He is the Summum Bonum, the ultimate and absolute good that
will fulfill all human desires. St. Augustine says that our hearts are restless until we find God. God is he
ultimate end of human life.

God is not only the Alpha and the Omega of he created universe, he is the preserver of values.
Without God, nothing is worth valuing, for then even the person of a human being loses its meaning and life
itself becomes a useless and aimless wandering in the avenues of time.

Lesson 2.2 Rights and Duties

Man is born with rights and duties. Having rights is an attribute of a person. There is too much talk
about rights. We even have a Commission on Human Rights. Some suspect that duties are not given the
same emphasis. 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.

Notion of Rights

Right, objectively taken, is anything which is owed or due. Taken subjectively, that is, as residing in a
person, right is a moral power, bound to be respected by others, of doing, possessing, or requiring something
(Glenn:136).
 Right is founded upon law, either natural law or human positive law. But because all laws are derived
ultimately from the eternal law, then rights are founded on eternal law.

Kinds of Right

1. Natural Rights are those based on the natural law, that is, on human nature. Examples of natural
rights are: the right to live, the right to education, the right to work.
2. Human Rights are those based on human positive laws, either those enacted by the State or a
religious sect. civil rights are those dependent upon the laws of the State. Ecclesiastical or religious
rights are those dependent upon the laws of the church or religious sect.
3. Alienable and Inalienable Rights. Alienable rights are those, civil or religious rights, which can be
surrendered, renounced, or removed, such as the right to travel. Inalienable rights are those which
cannot be surrendered, renounced, or removed, such as the right to decent livelihood.
4. Right of Jurisdiction is the power of lawful authority to govern his subjects and to make laws for
them. A father has the right of jurisdiction over his children.
5. Right of Property, is the power to own, to sell, to barter, to lend, to change, or give away one’s
personal possessions. The farmer has property rights to the land he owns and the produce thereof.
6. Jurisdiction Rights refer to all rights insofar as they are based on law. These rights must be
respected, allowed, fulfilled, as a matter of strict justice. Non-juridical rights are those which are not
founded on laws, either natural or human, but on virtue. Thus, these are also called moral rights. The
right of a hungry beggar to be fed is a moral right, or non-juridical. (Glenn:138)

Characteristics of Rights

1. Coaction is the power inherent in rights to prevent their violation and to exact redress for their unjust
violation. Under normal circumstance, coaction is exercised through the process of law, where a
person whose right has been violated may sue in court. Under extraordinary situations, coaction may
be enforced by the person himself whose right is endangered, such as in that situation which
warrants self-defense against unjust aggression.
2. Limitation is the natural limits or boundary beyond which a right may not be insisted without violating
the rights of another. One may not play his radio in a way that would disturb the right of another who
wants to sleep.
3. Collision is the conflict of two rights so related that it is not possible to exercise one without violating
another. According to Paul Glenn, conflict of rights is only apparent since laws on which rights are
founded cannot be contradictory. But such conflict is bound to occur as in the case of the Church
claiming the right to teach the faithful against the evil of contraception and the claim of the State for
the right to regulate population.

If indeed such conflict is to be resolved, the right which prevails is that which:

1. Belongs to the more universal order

2. Concerned with a graver matter
3. Founded upon the stronger title or claim
To illustrate:
 a. The right of government to peace and security takes precedence over the right of citizens to
travel;
b. The right of a person to receive medical attention takes precedence over the right of the
physician to his fee;
c. The right of a natural parent to keep his child takes precedence over the claim of a guardian.

Subject Rights

Rights are vested only on persons, who may either be an individual or a juridical person. An
individual person is every human being while a juridical person is any legal entity or association of men, such
as corporations, clubs, fraternities, and unions.

Animals do not have rights. But they should be cared for and should not be subjected to cruelty or
unnecessary harm. Cruelty to animals is not in accord with the dictates of reason. Thus, it may be said that
lover creature have non-juridical rights.

The Bill of Rights

Article III of the 1987 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 secure in their persons, houses, papers, and effect 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 search and the person or things to be seized.

Section 3. 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.

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 peacefully 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 be 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 limit 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 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. 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.

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.

Any profession or admission obtained in violation of this or section 17 hereof shall be inadmissible in
evidence against him.

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 person, 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. No person shall be held to answer for criminal offense without due process of law.

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. No person shall be detained solely by reason of his political beliefs and aspirations.

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. 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.

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
published 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.

Civil and Political Rights

The bill of rights includes the civil and political rights of the people.

1. Civil Rights are those which an individual enjoys in his private activities, or in his transactions with
others, as protected and granted by law. These include the right to privacy, the right to travel or
change residence, the right to property, the right to worship, and the right to free access to a court of
justice. Civil rights are enjoyed by citizens and non-citizens alike.
2. Political Rights are those which an individual enjoys in participation in government affairs. These
include the right to free speech and free press, the right to form association, the right to assemble
and in petition the government for redress of grievances, the right to vote and be voted upon to
public office. Political rights are enjoyed only by the citizens of each particular country.
Civil and political rights are what we call human rights. But in its widest sense human rights
include those pertaining to the dignity of the person such as, integrity, liberty, education, health, work
and welfare.

The Meaning of Human Rights Today

Human rights are more than just the sum of our political and civil rights. Included as human
rights are our economic, social and cultural rights.
The Philippines is a signatory to the international Covenant on Economic, Social and
Cultural rights of the United Nations General Assembly. The covenant calls on all signatory States to
recognize and guarantee the basic social, economic, and cultural rights of any person.

Among other things, the covenant guarantees the right to work, including the right to just and
favorable conditions of work, to fair wages, and the right to freely form and join trade unions. It
guarantee the right social security, the right to an adequate standard of living, the right to be free
from hunger and the right to enjoy the highest attainable standard of physical and mental health. It
guarantees the right to education, the right to take part in cultural life and the right to enjoy the
benefits of scientific progress.
Above all, the Covenant guarantees, as a collective right of a people, the right to self-
determination, which is the right to freely determine their political status and freely pursue their
economic, social and cultural development.

Notion of Duty
Duty, taken objectively, is anything we are obliged to do or to omit. Taken subjectively, is
amoral obligation incumbent upon a person of doing, omitting, or avoiding something.
Duty is a moral obligation because it depends upon freewill. As such, it resides on a person.
And because duty is defined by law, any willful neglect of duty makes the parson accountable for
such act.

Correlation of Right and Duty

Rights and duties are inseparable. They are correlative in a given person. One who has right
to something has the duty to act consistent with that right. If a person has the right to life, he is duty
bound to look for the means that would sustain that life. Pope John XXIII cites that “the right of every
person to life is correlative with the duty to preserve it; his right of decent standard of living with the
duty of living it becomingly; and his right to investigate the truth freely, with the duty of seeking it and
of possessing it ever more completely and profoundly (Pacem in Terris, Peace on Earth
encyclical),p.9).
A prevailing error of our time is that we impose upon others to respect our rights while we do
very little about our duty to act consistent with such rights. For instance, we claim the right to
freedom of expression or speech without fulfilling the prior duty of investigating the truth of what we
are going to speak.

Reciprocity of Rights and Duties

In international relationships, rights and duties are reciprocal. The right of the people implies
in all others the duty to respect that right. That the right of Peer to life entails on all other persons or
agencies the duty not to do him harm and to help him instead fulfill such right.
All laws are expressive of duties. The Decalogue “Thou shall not steal” points out what
action to omit in relation to the property right of another. Laws insofar as they are directives for acting
serve as guide for people to fulfill their duties. In the observance of the law, we recognize and
respect the right of another.
The reciprocity of rights and duties imposes the same privilege and burden on all men.
Thus, “those, who claim their rights, yet altogether forget or neglect to carry out their respective
duties, are people who build with one hand and destroy with the other” (John XXIII:9).

Kinds of Duties
 1. Natural Duties are those imposed by natural law such as, the duty to care for our health.
2. Positive Duties are those imposed by a human positive law such as, the duty to pay taxes and to
observe traffic rules.
3. Affirmative duties are those which require the performance of a certain act, such as casting a
ballot during election; or, applying for a business license. Negative duties are those which
require the omission of a certain act, such as not carrying illegal firearms, or not destroying the
property of another.

Exemption from Duty

Duties are to be fulfilled readily unless compliance is prevented by a strong and just reason. A
student has to attend his classes unless sickness prevents him from doing so. A driver must observe the
speed limit unless he is rushing a dying person to a hospital.

While the person concerned has to decide for himself when he may claim exemption, such claim
should never be arbitrary or whimsical. To guide us in or decisions on he matter, some general principles are
proposed (Panizo:121-122):

1. Negative duties arising from negative natural law admit no exemption. Negative duties are those that
require the omission of an evil act.. when such evil act to be omitted is intrinsically evil, nobody can
morally claim exemption. Accordingly, there is no excuse for committing murder, stealing, rape, or
adultery.
2. Affirmative duties arising from affirmative precepts of natural law admit exemptions when the act is
rendered impossible under certain circumstances or would involve excessive hardships on the
person.
Affirmative duties do not bind unless the circumstances for them present themselves. The
duty to feed the hungry binds only when a person is in the position to offer the required assistance in
whatever form. Thus, he who is himself destitute is not bound to help the needy. In this case,
compliance with duty becomes impossible to carry out.
Again, the duty to preserve human life becomes an affirmative duty when it becomes a
question of providing expensive medical care to a person whose family does not have the financial
resources. An excessive hardship is involved in the duty if the family were to borrow money and
render itself destitute because of it.
3. Ordinary hardships which come along with the performance of a duty do not exempt one from
complying with such duty.
All duties involve certain degree of difficulties, trials and sacrifices on the part of the person
bound by them. Such common hardships do not offer an excuse for neglect of duty. Thus, the
student who finds it very difficult to get a ride to and from the school is not exempted from attending
his classes. The security guard who finds it hard to stay awake during night shift is not justified to fall
asleep on duty.
 Conflict of Duties
It happens sometimes that a person is confronted with several duties which must be
complied with at the same time. In this situation, a person must learn how to prioritize his duties. The
following guidelines will be useful:
1. Duties towards God must be given priority over those towards men. Theoretically, one should
rather be worshipping in his church rather that attending a social meeting of, say, a sports club.
“theoretically”, we say, because in practice it is possible to arrange one’s schedule of activities
so that both obligations are met.
2. Duties that secure public order or common good have priority over those that safeguard the
individual. The need to obey traffic rules is prior to one’s personal convenience.
3. Duties towards family and relatives takes precedence over those towards strangers. Except in
cases of nepotism, the needs of family and friends have greater claim to our services and
generosity. Thus, a father should provide for the food and shelter of his family before he thinks of
providing for the vices of his barkada.
4. Duties of greater importance take precedence over those of lesser importance. The preservation
of one’s honor is more important than material profit.
5. Duties based on higher laws take precedence over those coming from lower laws. Condemning
divorce on the basis of natural law is better than subscribing to it on the basis of human positive
law.

Supplemental Reading:

Equality Before the Law

Jose C. Sison
The twin brother of the “due process of law” in our Constitution is the “equal protection of the laws”
clause found in the same Section 1 Article III. They are twins because they are more or less based on the
same principle of reasonableness and fair play and freedom from arbitrariness. In fact, equal protection may
be said to be a part of due process of law although it is more of a guaranty against discrimination.
But perhaps, more than any other language in the Constitution, this “equal protection” clause has
been used to strengthen and broaden civil right. And this is precisely because it is so broad that it does
defies an exact definition. In general, it can be defined as equality before the law;; that “no person or class of
persons shall be denied the same protection of the law which is enjoyed by the other persons or other
classes under like circumstances, in their lives, liberty and in the pursuit of happiness” (Truax v. Corrigan 257
U.S. 312). Or more concisely stated, the guaranty of equal protection means that the right of all persons must
rest upon the same rule under the same circumstances both in privileges conferred and in liabilities imposed
(Hartford v. Harrison 301 US. 459).

The constitutional guaranty of equal protection does not, however, mean that laws cannot be passed
making classifications on the subject of legislation. This is allowed as long as the classification is reasonable.
And a classification is reasonable where (1) it is based on substantial distinctions which make real
differences like classifying certain natives of the Philippines of a low grade of civilization usually living in tribal
relationship apart from other communities and enacting a special law applicable to them only; (2) the
classification is relevant to the purpose of the law, like prohibiting these natives to buy intoxicating liquors of
any kind other than their native wines and liquors; (3) the classification applies not only to the present
conditions but also to future conditions which are substantially identical to the present; and (4) the
classification applies only to those who belong to the same class (People v. Cayat 68 Phil. 12).

Thus, in another case, a law imposing a fine on a poor person less than that imposed upon one who is well-
to-do for the same violation, is not against the equal protection of the law (People v. Ching Kuan 74 Phil. 23).

As rightfully declared in the same case, equality before the law is therefore not “literal and
mathematical but relative and practical”. It recognizes the fact that human beings are not born equal; many
have material, physical or intellectual handicaps. Society cannot abolish such congenital inequality but “can
endeavor to afford everybody equal opportunity”. (A Law Each Day (keeps Trouble Away)”, Column, The Phil
Star, March 4, 1988).

Unit 3 - POLICE BEHAVIOR AND ETHICAL STANDARDS

Lesson 3.1 POLICE BEHAVIOR

The behavior of the police offices is one of the most interesting areas of the study in the
social sciences. We cannot say that police officers are very powerful individuals. The decisions they
make can, and often do, have a profound impact on the lives of those individuals with whom they
interact. Behavior can be discussed from several different perspectives. Why do police behave as
they do? How can differences in police behavior be characterized? What are the most important
factors in the decisions that police officers make? What is good and bad police work, or what is
deviant behavior?

Standard of Police Behavior

There are essentially three types of standards for police behavior, namely: ethical,
organizational and political, and legal. Ethical standards are reflected in code of ethics of
professional policeman. Organizational and political standards include those established by
individual police departments; those created by what are called statute affecting the police like
Republic Act No. 6975, entitled “The Department of Interior and Local Government Act of 1991,” an
act created the Philippine National Police, and Republic Act No. 8551, an Act amending the former.
Political standards come from the expectations of the community concerning what is and is not
appropriate police behavior. Sometimes community expectations can become the basis for some of
the standards, for example a “use of force” policy that may exist in a police department. Legal
standards are derived primarily from substantive and procedural criminal laws.

Ethical Standards
The most effective method for controlling a person’s behavior is for that person to believe in
the standards he or she is supposed to follow. In this regard, morality and ethics are closely related,
particularly in police work, because individual moral values about integrity, responsible behavior, use
 of coercion, and compassion are critically important in the manner in which officers behave. The
police field provides many opportunities for officers to deviate from legal and organizational
standards; thus, if each individual officer does not have an internalized set of beliefs about
fundamental moral or ethical matters, then he or she may be more likely to engage in some form of
deviant behavior like corruption or brutality.

Organizational and Political Standards

Standards of individual police departments are derived from goals and objectives, policies
and procedures, and rules and regulations. Although we make a distinction between each of these
guidelines, it is not uncommon for some of them to be used interchangeably. For example, the term
policy may be used when discussing rules and regulations, or rules and regulations may mean the
same thing. A goal is a general statement of purpose that is useful in identifying the mission of the
police (example, to apprehend a criminal). An objective is more specific and measurable statement
of purpose that is related to goal (example, to make arrest in 25% of the robbery cases in the city). A
policy is a general statement that gives guidance to police officers about the proper course of action
(example, the use of force policy). A procedure identifies a method of series of steps to be taken
when performing a task or attempting to solve a problem (example, how to conduct a traffic accident
investigation). Finally, a rule or regulation is a specific statement that identifies required or prohibited
behavior by officers (example, all officers must dress in a certain manner).

Legal Standards
The criminal law provides an important framework for the practice of policing in a democratic
society. The police officers are required to obey and respect the substantive laws along with other
citizens. Policemen must perform their duties with utmost knowledge of the criminal law so that they
may be guided accordingly in their action. Human rights must be fully respected, and not any
member of the society has been deprived of such. Respect of law is what the people want the police
to observe and exhibit.

A. Who are the Police?

Now that we have a background on ethics and human behavior particularly police behavior,
we have to understand what are the police- who are they, and why they exist?
Who are the police? One might consider this to be a curious question with which to begin in
a discussion of policing in the Philippines.
To further complicate the answer to our question of who the police are is the confusion
between the definition of police officer, and peace officer as they appear in the laws covering them.
Their duties, responsibilities, and jurisdictions vary from each other. For example: soldiers,
paramilitary men, NBI agents, probation officers who are in charge of probationers, parole officers
who are in charge of parolees, sheriffs and tanods are peace officers.
The police simply means the public officials with the extraordinary powers of arrest who
performs the direct police services of patrol, criminal investigation, and/or traffic control. With the
definition, we can dissect the police into three elements, namely: 1) public official; 2) extraordinary
power of arrest; and 3) direct police services.

Elements of the Definition of Police

1. Public Official- the term police are public officials to eliminate the security guards,
watchmen, and others who are also performing police duties like guarding properties
and protecting personnel- who are performing duty for private purposes. It can be noted
that private police industry like the security guards, watchmen, private detectives,
investigators and other performing private functions are greater than the members of the
police force like the Philippine National Police.
2. Extraordinary Power of Arrest- technically speaking, all citizens in a democracy have the
power to make an arrest, which we called “citizen’s arrest.” Private individual can make
arrest under some circumstance, like a) when the person to be arrested is actually
committing the crime; b) is about to commit a crime; and c) the person who will make
the arrest has personal knowledge of fact that the person the person to be arrested has
committed the offense. However, the arrest power of a private individual is more
restrictive and limited than those of police officers. Generally, speaking, the arrest power
of a private individual is limited only to felonies or misdemeanors amounting to breaches
of the peace. Breaches of the peace are usually defined by statute and include those
offenses that put fear in the hearts of the citizens when committed in the public view.
Obviously, not all offenses strike fear in the heart of the citizens, like gambling,
prostitution, embezzlement, computer crimes, selling liquor without license, tax evasion,
forgeries, etc. which some of them are committed in the public view. Furthermore, many
of the offenses cited above are not known to be offenses until after the fact. The law
enforcement officer, on the other hand, can make an arrest for all felonies and
misdemeanor committed in his presence regardless of whether or not it constitutes a
breach of peace. Armed with a warrant, the officer may arrest an offense committed not
in his presence. Therefore, the arrest power of public officials defined as different from
or more expensive than that granted by statute to private persons.
The arrest power of the police officers is also non-negotiable, and the State
empowers them to use coercive force and under limited circumstance to use deadly
force to effect an arrest. However, one must understand that the arrest power of police
officers is also subject to limitations and restrictions far beyond than of private persons.
They are limited by the constitution, stature, and ordinances. As a practical matter, the
city and criminal liability of individual police officers and their units also serve as a
restriction on police actions. However, the limitations on police arrest power do not
become an issue until after an arrest has been made and a challenge is raised as to
whether the police can do something they have done. The arrest power of a public law
enforcement officer should nonnegotiable. One could readily envision the absurdity of a
police officer making arrests by permission and not command. After an arrest is mad
 and a challenge is raised, the issue as to whether the officer’s action was legal is
examined.
3. Direct Police Services- the third element in the definition of police officer is that he
performs one or all three direct police services of patrol, traffic control and investigation.
These services are defined as follows:
a. Patrol – is the organized surveillance of public places within a specific territory
and response to reports of suspected persons in the locality. Patrol is said to be
the backbone of the police unit.
b. Traffic Control- includes monitoring vehicular traffic and investigation of traffic
accidents.
c. Criminal Investigation- is an activity undertaken to identify alleged criminals or
suspect in a crime, to gather evidence for criminal prosecution, or to recover
stolen properties.

Pursuant to Section 17, Rule 11 of the Napolcom Resolution No. 93-023, the
following are the duties and responsibilities of policemen:

a. He shall always be ready to perform his duties and obey the lawful orders of his superior or higher
officer.
b. He shall be responsible for the efficient performance of his duties and adequate coverage of his beat
of post.
c. He shall cooperate and coordinate with other members of this relief, district or other divisions
segments so that their teamwork may ensure continuity of purpose and maximum achievement of
the objective of the department.
d. He shall always be available for duty in case of special needs of emergency.
e. He shall respond readily and report punctually to all assignments.
f. He shall familiarize himself with all administrative and operational policies of the police stations.
g. He shall execute the service programs within his area of responsibility providing crime prevention,
protection of life and property, apprehension and prosecution of criminals, preservation of peace and
enforcement of regulatory measures.
h. He shall be in prescribed uniform and have the required equipment whenever he reports for duty.
i. He shall be attentive to instructions and record information given during the briefing or roll call
training and shall likewise record his activities during his tour of duty in the prescribed manner.
j. He shall, unless otherwise ordered, report to his superior for inspection and instruction at the
conclusion of his tour of duty.
k. When on patrol, he shall be constantly alert, observing everything that takes place within his sight or
hearing. He shall not hold conversation with anyone except in discharge of his duty.
l. At nighttime, he shall exercise close vigilance by watching and frequently examining and trying
accessible doors or entrances and windows of commercial and public buildings, including vacant or
unoccupied houses on his beat. He shall promptly investigate all suspicious circumstances he may
encounter. In like manner, he shall check all uninhabited building or dwelling places in the day time.
m. As far as practicable, he shall exert efforts to know the identities and other circumstances or
permanent residents of the areas assigned to him and shall keep track of movements of the
newcomers or strangers transferring to or merely loitering in the place. He shall report his finding
without delay.
n. He shall take note of vehicles parked by day or staying overnight in the different streets of his beats,
recording everything relative to the car.
o. He shall undertake close surveillance over the movements of suspicious persons and vehicles and
keep records of his observations.
p. He shall take note all known suspected places of vice, such as gambling dens, houses of ill-repute,
opium dives, hideouts of persons of doubtful conduct and places frequented by vagrant.
q. He shall keep himself informed of the places in his area where violations are known or reputed to
exist, and he shall plan and take necessary action, duly advising his superior officer as to the steps
being taken.
r. He shall at times, whenever in uniform, keep his official badge properly displayed and courteously
give his name and badge number when duly requested to identify himself;
s. He shall, in the event of any disturbance of the peace within his beat or in its immediate vicinity,
proceed to the particular spot and exert efforts to restore peace and order. If a crime has been
committed and the offender can be placed under custody, he shall take immediate steps to bring him
to the police station. He shall endeavor to save life and protect or preserve the crime scene until
arrival of the investigator;
t. He shall not leave beat until properly relieved, except when required by the exigencies of the service
and for unavoidable reasons. He shall keep record of the same in his memorandum book indicating
the time he left his beat, the reason for leaving and the time he returned and resumed control of
duty;
u. He shall take care of lost children by taking them to the residence of their parents, if located within or
near the vicinity of his beat and shall promptly notify his station of such action. If the residence is not
known or at some distant location, he shall take such necessary action as may be required by the
circumstances. He shall be observant of school children who are not in classes during the proper
hours, and take appropriate action on any case of truancy which may come to his notice;
v. He shall take notice of all obstructions in the streets or sidewalks from which accidents may occur,
removing them when practicable. He shall also take appropriate action on all nuisances and other
matters affecting the safety and convenience of the public or the interest of the city/municipality;
w. He shall exercise vigilance in order to prevent fire or avoid waste of water, take note of all garage,
dead animals or other offensive matters thrown into the streets and shall take appropriate action
thereon.
x. He shall order to summon aid, give three (3) blasts with the whistle in extreme emergency, he may
discharge his firearm in the air.
y. He shall familiarize himself with the location of the street traffic signs and if he sees them misplaced
or tampered with any manner, he shall rectify the same. If such signs are missing from their proper
location, he shall report of such fact to his superior.
 z. While on patrol duty, he shall not enter any bar, nightclub, theater or any place of amusement or
business except in the strict discharge of his duty.
aa. He shall have official note on which he shall enter the names of persons taken into custody by him
and such important particulars in each case as may be well as other pertinent information and other
matters relative to the discharge of his official duties. Such memorandum book shall be subject to
inspection by his superiors at any time.
bb. He shall endeavor to familiarize with the bus lines, the location of the streets, public buildings and
offices, courts, transportation offices and depots, industrial plants, highways and boundaries thereof
and the national, provincial and municipal officials and such other matters pertaining the city or
municipality, as will enable him to render intelligent and helpful information and assistance when
requested; and
cc. He shall perform such other duties and responsibilities that may be assigned to him by his superior
or higher authority.

ETHICS IN THE PHILIPPINE NATIONAL POLICE (PNP)

The PNP Professional Conduct and Ethical Standard are based from existing laws covering public
servants as embodied in the Constitution, Revised Penal Code, RA 6713 (The code of Conduct and Ethical
Standards for Public Officials and Employees), and other related statutes. The ethical conduct and
standard of the PNP is further enhanced to fit in their nature of their creation as embodied in the
Constitution which is civilian in nature but military in manner.
In relation to RA 6713 read also
https://dilg.gov.ph/issuances/ra/RA-6713-Code-of-Ethics-and-Ethical-Standards-/1
The IACP adopted the Law Enforcement Code of Ethics at the 64th Annual IACP Conference and
Exposition in October 1957. The Code of Ethics stands as a preface to the mission and commitment law
enforcement agencies make to the public they serve.

Law Enforcement Code of Ethics:

As a law enforcement officer, my fundamental duty is to serve the community; 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 to liberty, equality, and
justice.
I will keep my private life unsullied as an example to all and will behave in a manner that does not
bring discredit to me or to my agency. I will 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 both in my personal and official life, I will be exemplary in obeying the law 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, political beliefs, aspirations,
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 police service. I will never engage in acts of corruption or bribery,
nor will I condone such acts by other police officers. I will cooperate with all legally authorized agencies and
their representatives in the pursuit of justice.
I know that I alone am responsible for my own standard of professional performance and will take
every reasonable opportunity to enhance and improve my level of knowledge and competence.
 I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my
chosen profession… law enforcement.

(Note: Read, understand, and memorize the Law Enforcement Code of Ethics and be ready
anytime to recite this in a virtual platform).

FIVE PILLARS TOWARDS AN ETHICAL PNP MEMBER

1. Background of the applicants – this includes the qualification like educational attainment and
morality.
2. Type of training – strengthening the behavior of the selected applicant is believed to be the objective of
the PNP training.
3. Response to training – trainees’ obedience to legal orders is indispensable in undergoing the
training.
4. Determination – trainees’ determination to pursue the required training.
5. Ability to rise when fall – It is but natural to fail but what matter is the ability to rise especially when put
in hot water. Facing the consequences of our action is a sign of
maturity.

CANNONS OF POLICE ETHICS

1. Primordial Police Responsibility
- The primary objective of police is the prevention of crime.
2. Limitation of Police Authority

- As an upholder of the law, policemen must know the limitation in enforcing the law, thus:
a. He must be aware of the limitations which the people, through law, have placed him.
b. He must recognize the center of the democratic system of government, which gives person or
group of persons, absolute power.
c. He must ensure that he does not pervert its true character.
3. Knowledge of the Law and other Responsibility
- The policeman shall assiduously apply himself to the principles of the laws, which he is
sworn to apply.
a. He will make certain of his responsibilities in the particular field of enforcement, seeking aid of
his superior in matters technically or in principles do not clear to him
b. He shall make special effort to fully understand his relationship with law enforcement
agencies, particularly on matters of jurisdiction, both geographically and
substantively.
4. Use of proper Means to Obtain Proper Ends
a. The policeman shall be mindful of his responsibility to have strict selection of methods in
discharging the duty of his office.
b. Violation of law or public safety and property on the part of the officer are intrinsically wrong.
They are self-defeating if they instill in the public mind.
 c. The employment of Illegal methods, no matter how worthy the end, is certain to encourage
disrespect for the law and its officers, If the law is to be honored, it must first be honored
by those who enforce it.
d. it is the proper performance of duty not the nobleness of the objective or mission which
should guide every police officer.
5. Cooperation with Public Officials
a. The policeman shall cooperate fully with other public officials in the performance or
authorized duties, regardless of party affiliation or personal prejudices.
b. He shall be meticulous in law, however, in assuring himself as property, under the law, such
actions shall guard against the use of his office or person whether knowingly or in any
improper or illegal action.
6. Proper Conduct and Behavior
a. The policeman shall be mindful of his special identification by the public as an upholder of law.
b. The community and the service require that the policeman leads the life of decent and
honorable person, following the career of policeman gives no special pre-requisite.
c. being a law enforcement officer is a noble profession, it follows that every law enforcer must
think, act and speak with decency and appropriately.
7. Conduct towards the Community
a. The policeman shall be mindful of his responsibility to the community
b. He shall deal with individuals of the community in the manner calculated to instill respect for
its law.
c. He shall conduct his official life in a manner that will inspire confidence and trust.
d. He will do neither personal preference nor prejudice but rather a duly appointed
officer of the law discharging his sworn obligation.
8. Conduct in Arresting Law Violator
a. Policeman shall use his powers to arrest in accordance with the law and with due regard to
the rights of the citizen concerned.
b. He shall, at all times, have a clear appreciation of his responsibilities and limitation
regarding the detention of the accused.
c. He shall conduct himself in such a manner as will minimize the possibility of having to use
force.
d. He shall cultivate a dedication to the people and the equitable upholding of the law whether in the
handling of the accused or law-abiding citizen.
9. Firmness in Refusing Gifts or Favors
a. Policeman representing the government bears heavy responsibility of maintaining, in his
conduct, the honor and integrity of all government institution.
b. He shall guard against placing himself in a Position in which the public can reasonably
assume that special consideration is being given.
c. He shall be firm in refusing gifts, favors or gratitude, large or small, which can be public mind,
be interpreted as capable of influencing his judgment in the discharge of his duties.
10. Attitude towards Police Profession
a. Policeman shall regard the best possible of his duties as a public trust and recognize his
responsibilities as a public servant.
 b. He shall strive to make the best possible application of science to the selection of the crime and
in the field of human relation.
c. He shall strive for effecting leadership and public influence in matters affecting public safety.
d. He shall appreciate the importance and responsibility of his office and hold police work to be
an honorable profession rendering valuable service to his community.
e. Through study and experience, a police officer can acquire the high level of knowledge and
competence that is essential for the efficient and effective performance of duty. The
acquisition of knowledge is a never- ending process of personal and professional
development that should be pursued constantly.
11. Impartial Presentation of Evidence
a. Policeman shall be concerned equally in the prosecution of the accused or for the defense of
the innocent
b. He shall ascertain what kind of evidence and shall present such evidence impartially and
without malice.
c. He shall ignore social, political and all other distinction among the person involved,
strengthening the tradition of reliability and integrity of an officer’s word.
PROFESSIONAL POLICE PRINCIPLE
1. Prevention of crime and disorder
2. Cooperation of community
3. Unreasonable force reduce community cooperation
4. Use of Reasonable Force When Persuasion Is Not Sufficient
5. Impartial Enforcement of Laws
6. The Community Are the Police
7. Police Should Not Usurp Judicial Powers
8. Reduction of Crime and Disorder
9. Rule of Enforcement Impartially Observed
10. Police Discretion
TENETS OF DISCIPLINE
All policemen at all levels shall adhere to the eight tenets of discipline, which include the
following:
a. One of the first signs of discipline is the stage of orderliness and cleanliness of the policeman’s place
or work. If a police station is unkept, people cannot expect the kind of positive responds to their
needs.
b. All police actions must be characterized by courtesy and discipline.
c. All objectives of the PNP must always be for the Public interest and not private interest. The people
must feel that they are welcome to approach any member of the PNP for assistance.
d. All citizens must be treated with dignity and respect.
e. All police actions must be in accordance with the law. Respect for human rights and other laws of the
land must be primordial concern in the exercise of Police duties.
f. Basic police service must be rendered, equitably for all citizens and must not give in exchange for any
favor, reward or condition.
g. Involvement of police personnel in syndicated crime particularly illegal gambling must not be
tolerated.
h. There is no substitute for leadership by example. Police Commanders, as model of public service, must
show proper behavior not only to their subordinates but also to the people.

Who is a Filipino Policeman?

- A Filipino policeman is a protector and a friend of the people.
- His badge is the symbol of the citizen’s faith and trust, his uniform a mirror of decorum and
integrity.
- His whole human person an oblation of enduring love for homeland, fellowmen and God.
- A Filipino policeman emulates the valor of Lapu-lapu, serenity of Rizal, the leadership of
Aguinaldo, the courage of Bonifacio, the idealism of Del Pilar, the wisdom of Mabini and the
fortitude of Gomez, Burgos and Zamora.
- A Filipino policeman has oath for his republic to uphold: to defend the constitution, honor the flag,
obey the laws and duly constituted authorities. He has covenant with his people to comply: to
safeguard and protect them even beyond the call of duty. And he has a legacy for his family to
fulfill: to bequeath unto them the one and only treasure of his life – an unblemished name.

Lesson 3.2 PNP Code of Conduct, Ethical Standard and Issues

A. POLICE PROFESSIONAL CONDUCT AND ETHICAL STANDARDS

B. The National Police Commission or Napolcom, an agency tasked to administer and operationally
control the Philippine National Police, prepared a police manual prescribing rules and regulations to
be adopted by the members of the PNP.
By virtue of Napolcom Resolution No. 93-023, the Napolcom provided the code of
professional conduct and ethical standard of policemen. It is provided that all members of the PNP
shall abide and adhere to the provisions of the Code of Conduct aforesaid. Towards this end, a truly
professionalized and dedicated law enforcers shall be developed in promoting peace and order,
ensuring public safety and enhancing community participation guided by the principle, “public office
is a public trust and that public servants must at all times be accountable to the people they serve.

Accordingly, policemen must serve the people with utmost responsibility, integrity,
morality, loyalty and efficiency with due respect to human rights and dignity as a hallmark of
democratic society.

Police Core Value

The police service is a noble profession and demands from its members specialize
knowledge and skills and standard of ethics and morality. In this regard, the members of the PNP.
Must adhere to and internalize the enduring core values of love of God, respect for authority, selfless
love and sacrifice for people, respect for women and sanctity of marriage, responsible dominion and
stewardship over material things, and truthfulness.

THE POLICE OFFICER’S CREED

 I believe in God, the Supreme Being, a great provider, and the creator of all men and all dear to
me. In return, I can do no less than love Him above all, seek his guidance in the performance of my
sworn duties and honor Him at all times.

I believe that respect for authority is duty. I respect and uphold the constitution and 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. Toward 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 the 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 protect private and public properties and prevent others from destroying it.

I believe in the wisdom of truthfulness. I must be trustworthy and shall always speak the truth as required
by my profession.

(Note: Read, understand and memorize the “Police Officer’s Creed” and be ready anytime to
recite this in a virtual platform)

Professional Conduct of the Police

All policemen shall perform their duties and functions with excellence, competence, integrity,
intelligence and expertise. To comply with the above expected requirements and performance with
specialized skill and technical knowledge, the following conducts must be observed:

1. Commitment to Democracy- uniformed members of the PNP commit themselves to the 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 the police organization.
2. Commitment to Public Interest- members will always uphold public interest over and above personal
interest. All government parties, resources and power of their respective offices must employed and
used effectively, honestly and efficiently, particularly to avoid wastage of public funds and revenues.
3. Non-partisanship- PNP members shall provide services to everyone without discrimination
regardless of party affiliation in accordance with existing laws and regulations.
4. Physical Fitness and Health- all PNP members shall always strive to be physically and mentally fir
and in good health. Towards this end, they shall undergo regular physical exercise and annual
medical examination in any PNP hospital or medical facility.
5. Secrecy Discipline- all PNP shall guard the confidentiality of classified documents and information
against unauthorized disclosure.
6. Social Awareness- all PNP members and their immediate family members shall encouraged to
actively get involved in the religious, social and civic activities to enhance the image.
 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
organizations with regard to their assignments, promotions, transfer or those 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 not 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- members of the PNP shall be responsible for the security,
proper care and use 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 of their
families, friends or relatives are strictly prohibited.
9. Devotion to Duty- policemen shall perform their duties with devotion, 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.
10. Conservation of Natural Resources- policemen shall help in the development and conservation of
our natural resources for ecological balance and prosperity as these are inalienable heritage our
people.
11. Disciple- they shall conduct themselves at all times in keeping with the rules and regulations of the
Philippines
12. Loyalty- above all, policemen must be loyal to the Constitution and to the police service as
manifested by their loyalty to their superiors, peers and subordinates as well.
13. Obedience to Superior- policemen of lower ranks must always courteous and obedience to their
superior officers.
14. Command Responsibility- supervisor or immediate superior shall be responsible for the effective
supervision, control and direction of their personnel and shall see to it that all government resources
shall be managed, expanded or utilized in accordance with law and regulations and safeguarded
against losses thru illegal and improper disposition.

Ethical Standards of Policemen

Every policeman must have to follow in the performance of their duties and functions and even in
their private lives, the following:

1. Morality- policemen shall adhere to high standard of morality and decency and shall set good
examples 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 inventors in any illegal gambling den or
houses of ill-repute or other placed 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.
2. Judicious Use of Authority- policemen shall exercise proper and legitimate use of authority in the
performance of duty.
3. Integrity- policemen shall not allow themselves to be victim of corruption and dishonest practices in
accordance with the provisions of Republic Act No. 6713 and other applicable laws.
4. Justice- policemen shall strive constantly to respect their rights as human beings, parents, children,
citizens, workers, leaders or in other capacities and to see to it that others do likewise.
5. Humility- policemen shall recognize the fact that they are public servant and not the masters of the
people and toward this end, they should perform their duties without arrogance. They should also
recognize their own inadequacies, inabilities and limitations as individuals and perform their duties
without attracting attention or expecting the applause of others.
6. Orderliness- policemen shall follow procedures in accomplishing their tasks assigned to them to
minimize waste in the use of time, money and efforts.
7. Perseverance- one a decision is made, all PNP members shall take legitimate action or means to
achieve the goals even in the face of internal or external difficulties, and despite anything which
might weaken their resolve in the course of time.
PNP Stand on Basic Issues
The PNP shall exhibit their stand on basic issues, such as:
1. PNP Image- the image of the PNP affect 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 a manner that would not place the PNP in bad light.
Instead, they should live in accordance with the PNP core values and posses the
following virtues: honor, integrity, valor, justice, honesty, humility, charity and loyalty to
the service.
2. Career Management- its proper implementation will greatly enhance personal and
professional advancement towards police professionalism.
3. Police Management Leadership- the effectiveness of law enforcement is reflective of the
managerial capabilities and competent leadership of the men and women in the PNP. It
is therefore a must that these attributes be the primary basis for consideration in the
selection of personnel for employment and deployment purposes.
4. Equity in the service- there shall be judicious and equitable distribution of opportunity to
prove one’s worth in the police service. The problem on equity thru class orientation and
factionalism, both real and perceived promise on favored assignment, inequitable
opportunity of training, unfair granting of 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 he organization requires
adherence to the rule on merit and merit system and to dissociate the above process
from class orientation and factionalism.
5. Delicadeza- is 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.
 6. Police Lifestyle- the PNP shall endeavor to promote a lifestyle for every member of the
PNP that is acceptable to the eyes of the public. Further, its members should set good
example to the subordinate and follow good example from the superiors. They must be
free from greed, corruption and exploitation. The public expects a police officers to live a
simple yet credible and dignified life.
7. Human Rights – all PNP members must respect and protect human dignity and man’s
inalienable right to life, liberty and property.

POLICE ETHICAL ISSUES

As we have discussed police ethics and standards in previous portion of this module, we
can surmise that a professional police officer is expected to abide by the ethical standards as stated
in the police code of conduct. The violations of these ethical standards are police corruption and
other forms of misconduct.

Police Corruption

Different authors of criminology books defined police corruption in different ways, aspects and
dimension. Some authors define police corruption simply as police abuse of authority by taking advantage to
his gain and benefits.

Ronald D. Hunter and Jeffrey P. Rush, in their book “Police Systems and Practices,” enumerated the
patterns of police corruption as: a) corruption of authority, b) kickbacks, c) opportunistic thefts, d)
shakedowns, e) protection of illegal activities, f) fixes, g) direct criminal activities, and h) internal payoffs.

Corruption of Authority

Actually, this kind of corruption is tolerable, but because policeman must act beyond reproach and
with impartiality, it is expected that policeman must be free from possible temptation from evil. This corruption
includes receiving free meals, services, discount, gratuities, etc.

The above situation makes a policeman’s life very difficult as just receiving a gift from a friend is already
corruption. For example, a stick of cigarette was given to a beat patrolman, it was already corruption.

The rationale of determining that a mere receipt of something from someone may result into partiality
in the future of subject policeman’s action thereby compromising his position just because of that trivial or
insignificant situation.

Kickbacks

If clients are numerous or composing of a long queue like procuring police clearance, the man in the
last gave money to the police to be given first ahead of the other is an example of this kind of corruption.
 A traffic policeman who allows a motorist who pas in reverse a one-way thoroughfare by giving
something in return of the favor is kickback. Or a policeman who phoned the funeral parlor about a dead man
in a crime, and in return received a percentage is kickback.

Opportunistic Theft

This kind is not actually corruption but is taking of advantage of situation, like taking of properties left
in the crime scene and without reporting to the authority. Stealing money from person arrested or even
victims of crime are also included in this kind of pattern of corruption. The best example of this kind is the
advantage taken by a fireman who responded to a fire accident who took properties found in the bedroom of
the building gutted by fire.

Shakedowns

This is an act of extortion usually committed by policemen who caught in the act criminals like
pusher, drug user, gambling bet collector, etc. most who committed this kind of corruption are traffic
policemen who caught traffic violators.

Protection of Illegal Activities

This is a collusion between the police and criminals, like gambling operators, owners of nightclubs
which is showing nude models to insure they can operate freely without risk because of their good
relationship with the police.

This also include dealing with those in legal business operation. For example owner of bus company,
who in order to operate outside of his franchise will give protection money to the police to assure the police
would not touch or mind his operation.

Fixes

This involves mediating in criminal cases or problems involving traffics. A policeman will confer first
to the complainant about the possible filing of a criminal. Then, he went to the respondent and tell what they
have talk about the case, and that the complainant is willing to settle the case for a certain amount of money.
At the end, the case will not be filed or a case is dismissed because of settlement money which large portion
of the amount goes to the pocket of policeman

Direct Criminal Activities

This is a worst behavior of a police. A policeman is directly involved in criminal activites like robbery,
kidnapping, drug trafficking, etc. you can just imagine if our policemen are having this kind of behavior. Whre
shall we go to ask for help in case our house was robbed, our children are addicted to drugs, pushers are
roaming around freely with batons and handcuffs.

Internal Payoffs
 This is a pattern of corruption common to policemen. They sell work assignment, promotion, etc.
Example, a patrolman accosted his superior and request for an assignment he wants and he gave money in
exchange thereof. Or an official who is authorized to sign a promotion was approached by one who was
desirous to be promoted and suggested a money figure. This kind of corruption mostly happened inside the
organization.

Corrupt practices vary according to organization and officers involved.

In a police organization, there may be lot of corrupt policemen but it cannot be said as a corrupt
organization, for individual act of policeman is different from the collective act of the organization. However,
corrupt policemen in an organization may group together to form a group and practice their deviant behavior.
It is inevitable that they may know one another and begin to act in collusion. But corrupt practices may not be
widespread in an organization.

Hunter and Rush both categorized corrupt policemen into the following identities:

1. Grass Eaters – are police officers who engage in relatively minor type of corruption opportunities as
they present themselves; and
2. Meat Eaters – are police officers who actively seek out corruption opportunities and engaged in both
minor and major patterns of corruption.
The two above-mentioned corrupt policemen are called as “Rotten Apples.” They may be a lot of
them in one organization or unit but invariably they are of different kind. Only a few of these kind of
policemen cannot make a police unit distrustful and dishonest as majority of the members are doing the right
things in accordance with ethical standards or norms.
This author categorized corrupt policemen into: a) vegetarian cops, and carnivorous cops or “rotten
eggs.”
Vegetarian cops are like grass eaters who are policemen who just keep on waiting for the opportunities.
These are the cops who say, “I don’t demand, neither I rejected.” Carnivorous cops are also like the meat
eaters. These are worst because they came out of the headquarters to look for the opportunities. They have
no pity as they extort money from a lowly sidewalk vendors.
If ever, the government is serious in its program to clean the rank-and-file of the police organization,
and the Committee it creates is one with microscopic eyes, only the vegetarian cops will remain and if so, the
country will be in big crisis as only few thousand police will be left in the PNP.

As I have said that corrupt policemen can create an impression to a police office or organization/unit, we
have to discuss also what is corrupt police officer or unit.

Corrupt Police Unit

We have to delimit our discussion only on a police unit, not the entire police organization. This is
because although we cannot discount the fact that there are corrupt police officers, there are also police
officers which are not totally bad despite the presence of bad eggs.
We can say that a police officer or unit is corrupt if everybody condone corrupt practices committed
by their colleagues. Or as if they admitted corruption as common happenings in said officers or unit.
Actually, there are five categories of officers who could possibly exist in a corrupt police officer or unit. They
are enumerated as follows:
1. White Knights – these policemen are straightforward fellow. They are honest to a fault. They
often take an extreme position on ethical issues. They are idealistic and often render strict
decisions in accordance with law. A white knight is considered a loner and deviant to the eyes of
colleagues who are corrupt. They are disgusted of the corrupt behaviors of fellow policemen but
on the other hand, they are killjoy to the others.
2. Straight Shooters – these are honest policemen who are ready to hide the corrupt practices of
their comrades as part of camaraderie. They observe the principle of “omerta” or hiding the
secret of fellowmen. They suffer in silence and most of them seek assignment to a corrupt-free
unit or office.
3. Grass Eaters or Vegetarian Cops as explained previously.
4. Meat Eaters or Carnivorous Cops is also discussed earlier.
5. Rogues – are policemen who are considered having all the deviant behavior of a corrupt
policeman. They engaged in activities normally defined as dirty money by police peer group.
They are considered bad to the bone.
Generally, corruption in an organization and who are corrupt policemen can only be
discovered through scandal, usually through the blowing of the whistle by a white knight policeman and
sometime by rogue policeman who was dissatisfied of his take.

Police Misconduct
Police misconduct is defined as dereliction of police duties either because of malfeasance,
misfeasance or nonfeasance.
Malfeasance is the doing of an act by a public officer who has without authority to do the same.
Misfeasance is doing of an act by a public officer in a wrong way or wrong result, while nonfeasance is the
failure to perform an act which a public officer has a duty to do.
Police misconduct involve all forms of police deviance or norm violating behavior. Examples of these
are brutality, sexual misconduct, lying and the use of drugs. While other misconducts are considered simple
breach of discipline like malingering, sleeping on duty and violating office rules and regulations.

Brutality – police brutality refers to unnecessary and unreasonable use of force in effecting arrest or abuse
in manner of conducting search and seizure.

Sexual Misconduct – is a kind of police misconduct which is commonly committed by policeman who
sexually molested female or male clients who have transaction with the police office. It is a sexual
harassment behavior of policemen.

Police Lying – police lying and other deceptive practices are in fact part of working environment. Lies and
deception vary as to whether or not they should be considered ethical violations or are necessary for the
police to accomplish their tasks. To amplify what are lies, they are categorized as follows:
 1. Accepted Lying – this is to be considered part of police working environment, like for example in a
discrete operation. Lying as deceptive ploy is allowed and is advisable.
2. Tolerated Lying – are those which are recognized as lies but tolerated as necessary to explain
inadequacy or inefficiency of the police.
3. Deviant Lying – this involves lies that violate substantive or procedural laws and police office
rules and regulations.

Lies in this category are told with intent of supporting perceived legitimate goals or
illegitimate goals.

4. Use of Drugs – policemen who are assigned in Narcotic Command are those who are susceptible
to induced to taste drug for recreational purpose or just to experience using it. Without their
knowing, they are already hooked on it.

Lesson3.3 – PNP Customs and Traditions

Customs and Traditions of Policemen

PNP members must have to follow and observed the customs and traditions based on the desirable
practices of the police service, and shall serve as inspiration as policemen endeavor to attain the goals and
objectives of the PNP.

Customs are established usages or social practices carried on by tradition that have obtained the force of
law; whereas, traditions are bodies of beliefs, stories, customs and usages handed down from generation to
generation with the effect of unwritten law.

Aside from the above, policemen must also observe courtesy and social decorum at all times.
Courtesy is a manifestation or expression of consideration and respect for others. Social decorum is
a set of norms and standards practiced by policemen during social and other functions.

Police Customs on Courtesy

1. Salute- the usual greetings rendered by uniformed members upon meeting and recognizing persons
entitled to a salute.
2. Salute to National Color and Standard - PNP members must stand at attention and salute the
national color and standard as it pass by them or when the national color is raised or lowered during
ceremonies.
3. Address/Title- junior in rank addresses senior member who are entitled to salute with the word “sir.”

Courtesy Calls
 PNP members must observe the following courtesy calls when an occasion or situation arise:

1. Courtesy Call on Newly Assigned/Promoted/Appointed Member - policemen who is newly appointed,

promoted or assigned in a unit or command must first report or call on the chief of the same or other
key officials for accounting, orientation and for other purposes.
2. Christmas Call- PNP member pay a Christmas call on their local executives in their respective areas
of responsibility. This call remember does not include call on the businessmen and gambling lord.
3. New Year’s Call- PNP members pay new year’s call on their Chiefs or key officials in their respective
areas of responsibility.
4. Exit Call- PNP members pay an exit call on their superior when relieved or reassigned to another
unit or destination.

Police Customs on Ceremonies

The following are customs and ceremonies that must be observed by all PNP members:

1. Flag Raising Ceremony – policemen must honor the flag by raising it and singing the National
Anthem before the start of official work.
2. Flag Retreat Ceremony- at the end of the official day’s work, PNP members pause for a moment to
salute the lowering of the flag.
3. Half-Mast- the flag is raised at a half-mast in adherence to deceased uniformed members of the unit
or command.
4. Funeral Service and Honors- departed uniformed member, retiree, war veteran or former PNP
member is given vigil, neurological services and graveside honors as a gesture of farewell.
5. Ceremony Tendered to Retiree- in recognition of their long, faithful and honorable service to the
PNP, a testimonial activity is tendered in his honor.
6. Honor Ceremony- arrival and departure honor ceremony is tendered to visiting dignitary, VIP, PNP
officer with grade of Chief Superintendent and above and AFP officers of equivalent grade unless
waived.
7. Turn-Over Ceremony- the relinquishment and assumption of command or key position is publicly
announced in a turn-over ceremony by the outgoing and incoming officers
8. Wedding Ceremony- during marriage of PNP members, a ceremony is conducted with participants in
uniform and swords drawn.
9. Anniversary- the birth of institutional establishment of a command or unit is commemorated in an
anniversary ceremony.

Police Customs on Social Decorum

The following are the police customs on social decorum, namely:
1. Proper Attire- policemen always wear appropriate and proper attire in conformity with the occasion.
2. Table Manners- PNP members observe table etiquette at all times.
3. Social Graces- policemen conduct themselves properly in dealing with people during social functions.
Police Uniform/Appearance
The public look upon a PNP member as distinctively a man among men. It is a welcome sight when
PNP member wears uniform properly wherever they may be. Since disciplined PNP members are best
exemplified by those who are men in appearance and wearing the prescribed uniform, they must therefore
observe the following:
1. Wearing of prescribed uniform.
2. Wearing as part of the uniform, awards and decorations earned in accordance with the prescribed
rules and regulations.
3. Adherence to haircut prescribed by rules and regulations.
4. Manner of walking- every policeman is expected to walk with pride.
5. To be added is the maintenance of 34 inches waist-line adopted during the time of the erstwhile PNP
chief, for the purpose of seeing policemen neat and trim in their uniforms.

Others Police Customs

Other police customs that policemen must observe are the following:

1. Courtesy of the Post- the host unit extends hospitality to visiting personnel who may respect the
command or unit.
2. Rank Has-Its-Own Privilege (RHIP)- members recognize the practice that different rank carry with
them corresponding privileges.
3. Visiting the Sick- PNP member who is sick in the hospital, in his residence or in any place of
confinement is visited by his immediate superior or other available officers of the unit in order that his
needs are attended to.
4. Survivor Assistance to Heirs of Deceased Members- when PNP members dies, a survivor officer is
designated to render maximum assistance to their bereaved families until all benefits due shall have
been received.
5. Visiting the Religious Leaders- PNP members visit religious leaders in their areas of assignment to
establish or maintain rapport and cooperation between the different religious leaders and the PNP.
6. Athletics – all PNP members indulge in physical fitness activities to ensure that their proper physical
appearance are maintained with the waistline measurement always smaller than the size of the
chest and in conformity with the standard set forth by the organization.
7. Happy Hours- usually on Friday or in 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.

Police Tradition

The following tradition that policemen re adhering to:

1. Spiritual beliefs- the PNP members are traditionally religious and God-loving persons. They attend
religious services together with members of their family.

2 Valor- history attest that the Filipino law-enforcers have exemplified the tradition of valor in defending
the country from aggression and oppression. They sacrificed their lives and limbs for the sake of
their countrymen whom they have pledged to serve.
3 Patriotism – 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.
4 Discipline- it is manifested by instinctive obedience to lawful orders and through spontaneous actions
towards attainment of organizational objectives guided by moral, ethical and legal norms.
5 Gentlemanliness- policeman is bright in character, polite in manner, dignified in appearance and
sincere in his concern to his fellowmen.
6 Word of Honor- a policeman’s word is his bond. He stands by it and commit to uphold it.
7 Duty – the PNP members have historically exemplified themselves as dedicated public servants who
performs their tasks with a deep sense of responsibility and self-sacrifice.
8 Loyalty- policemen are traditionally loyal to the organization, country and people as borne by history
and practice.
9 Camaraderie- the binding spirit that enhances teamwork and cooperation in the police organization,
extending to the people they serve manifested by members deep commitment and concern to one
another.