CRIM4:PROFESSIONAL

CONDUCT AND
ETHICAL STANDARDS
PREPARED BY:
JOHN VON GILBERT I. DE GUZMAN RCRIM.
COLLEGE INSTRUCTOR
Ethics defined

• It is a system of moral principles or moral standards governing conduct.

It is a particular system of principles and rules concerning duty; it is a

system of rules and practice applied to a single class of human actions.

• It is the science of the morality of human acts

• It is the study of the human motivation, and ultimately of human

rational behaviour.
Examples of Ethics

1. Legal Ethics

2. Medical Ethics

3. Nursing Ethics

4. Police Ethics
Morals
pertaining to character and behavior from the point of view of
right and wrong
Ethics and Morality distinguished
HUMAN ACTS
- acts that are done knowingly, deliberately and freely
 
ELEMENTS OF HUMAN ACTS
1) KNOWINGLY
- when the person fully understands what he is doing and
has the ability to appreciate the consequences of his
actions
2) DELIBERATELY
- when the person did his actions intentionally
3) FREELY
- when the person performed his actions voluntarily
Human Acts vs Acts of Man
TWO DIVISIONS OF ETHICS
1) GENERAL ETHICS
- the study of the general principles of morality
2) SPECIAL ETHICS
- the study of the application of the general principles of morality;
included in this division is the category of professional ethics
 
PROFESSIONAL ETHICS
a set of moral code to which every profession must subscribe
guides the professional where the law is silent or inadequate
 
POLICE ETHICS
• an example of professional ethics
• a practical science that treats the principle of human morality and
duty as applied to law enforcement
Why we study ethics?

1.Decisions (wrong ways and right

ways of doing things)
2.To have an orderly social life.
3.To value life.
 
Moralist is a person who values or follows
good conduct, even in the absence of religion.
Ethics and Action: Why Behave? (An Ethical
Basis: Rules, Results and Relationships)
Our ethics comes from our religion, family background,
culture and other sources. In many countries, we cannot
assume that all public servants share the same beliefs or
background. That diversity is even more apparent when we
consider regional and global cooperation.
 
What should guide our behavior as public servants?
It is helpful to look at three sources of ethics.
These are not normally in conflict – all three need to be
taken together.
They may be summarized as
• Rules
• Results
• and Relationships.
A. Rules
We accept rules for our personal behavior because we believe
them to be given by divine revelation, or because we believe
them as necessary parts of a social contract to protect and
further human welfare. The philosopher Kant argued that
there is a “universal law”, which he saw as a categorical
imperative.- an essential requirement with which we must all
comply.
The authority of laws enacted by a government depends on
our recognition of its right to govern. People who choose a
career in the public service may have no difficulty with that.
Historic agreements for the validity of government based on
community, contract and utility are, summarized.(Osborn,
1999).
B. Results

The utilitarian principle focuses our attention on the

consequences of our action. It has been expressed
traditionally as “seeking the greatest good for the greatest
number”.

That is difficult to “operationalize”: imagine the public

officers trying to estimate for their decisions as public
servants what would bring the greatest good to the greatest
number, and arguing about what would be the greatest good.
However, in practice they seek to avoid causing hurt.
Very often we judge actions as right or wrong because of the results
they may be expected to bring. That has always been recognized as
true at the personal level, with a requirement that our freedom must
be limited to ensure we cause no harm to others.
In doing so, there is a danger that we look at short-term effects
rather than the longer term. There is also a danger that we focus on
avoiding harm more than in doing good deeds and improving the
quality of life for others.
More recently there has been increasing concern about ways in
which their corporate policies and actions impact on the
environment. However, some argue that the utilitarian principle
alone would be a dangerous guide for behavior because it allows the
means to justify the ends. “Someone who is not prepared under any
circumstances at all to sacrifice the innocent, or to plan murder, is
not a utilitarian at all”. They may not be utilitarian, but that does not
prevent them from taking a utilitarian approach to the utilitarian
ethic, using it when they judge actions by their consequences.
C. Relationships
Confucius proposed a “golden rule” of caring:
“Do not do to others what you would not have them do to you”.
He spoke of a principle of reciprocity. For Confucius care and
kindness were primary virtues, especially care for one’s family.
(This led to an interesting warning that too much emphasis on virtue
would make officials corrupt because they would favor their
families.
As officials, it was necessary for them to be impartial). Jesus Christ
expressed the “golden rule” as “In everything, do to others as you
would have them do to you, and claimed that this fulfilled the law
and the prophets, seeing a concern for others and reciprocity as
being in accord with rules and revelation.
An Example.

The ethics for driving a car provides an example of the interplay

between rules, results and relationships.
One aim is to reduce the risk of accidents. We “know” that our
actions ought not to cause hurt to others, a matter of relationships.
We judge, as a society, what actions done by drivers might put
others at risk, assessing the results of how people drive. We agree
as a society on rules that make accidents less likely. We all observe
a rule to drive on one side of the road.
Accountability and Action

If our actions are simply to obey instructions, accountability

requires only the report that those instructions have been obeyed
(perhaps saying, where, when and how).
If our actions require us to exercise some discretion (to make
choices, to take decisions) then to be accountable requires also an
explanation.
We need to explain why we acted, as we did, not only report
what we have done. We are accountable for the results or outcomes
of our actions, for the professional standards of our work, and for
the effective use of resources including financial resources. Our
accountability need not be only to those who give a command.
For public service they must ultimately be accountable
to:

A.  Accountability in Government and in Civil Society – There is a

network of accountability between the different organs of State.
The aim is usually to have some separation and balance of
powers, so that no one part of the system can dominate the
others.

B. Accountability in Management - Public services are mostly

hierarchical, with each officer accountable to a manager.
Sometimes, the lines of management accountability are blurred.

C. Accountability to the Public - Public servants are accountable to

the public, that, in name, they are appointed to serve. There has
been increasing concern about this in the past few years, with an
emphasis on becoming directly accountable to “clients” or
“customers”.
VALUES
anything that a person considers important in life, such as material things,
ideas and experiences
 
KINDS OF VALUES
1) BIOLOGICAL VALUES
- those that are necessary for survival, such as food, shelter, clothing, sex,
water, sleep
- include the physiological needs of man as man
2) PSYCHOLOGICAL VALUES
- those are that are necessary for emotional fulfillment of man, such as
relationships, companionship, family, friendships, love
3) INTELLECTUAL VALUES
- those that are necessary for the intellectual fulfillment of man, such as
achievements, career, success
4) MORAL VALUES
- those that are necessary for the spiritual fulfillment of man
VIRTUE

 a habit that inclines the person to act in a way that

harmonizes with his nature

 the habit of doing good

 the opposite is vice, the habit of doing bad

 FOUR MORAL/CARDINAL VIRTUES
FOUR MORAL/CARDINAL VIRTUES
1. PRUDENCE
- the ability to govern and discipline oneself by means of reason and sound
judgment
- the virtue that attracts the intellect to choose the most effective means for
accomplishing what is morally good and avoiding what is evil
2. TEMPERANCE
- one’s ability to moderate or avoid something
- the virtue that regulates the carnal appetite for sensual pleasures
3. FORTITUDE
- firmness of mind
- the courage to endure without yielding
- the virtue that incites courage
a) PATIENCE – calmness and composure in enduring situations
b) PERSEVERANCE – the ability to go on despite the obstacles
c) ENDURANCE – the ability to last
4. JUSTICE
- the virtue that inclines the will to give to each one of his rights
THREE DIVISIONS OF JUSTICE
1. COMMUTATIVE
- virtue that regulates those actions that involve the rights that exist
between one and another
2. DISTRIBUTIVE
- Regulates those actions that involve the rights than an individual
may claim from society
3. LEGAL
- virtue that regulates those actions which society may justly
require of the individual for the common good
RIGHT
- anything that is owed or due
- something to which a person has a just and lawful claim
- anything that a person can lawfully demand
 
HUMAN RIGHTS
- rights pertaining to the rights of man
- rights inherent to man by virtue of being a human being
- are the supreme, inherent and inalienable rights to life, dignity
and to self-development
 
supreme rights = highest form of rights
inherent rights = rights attached to men as human
inalienable rights = rights that cannot be transferred, cannot
be borrowed and cannot be taken away
BASIC HUMAN RIGHTS

1) RIGHT TO LIFE
Exceptions:
• self-defense
• death under exceptional circumstances
• death penalty
 
2) RIGHT TO LIBERTY
Exceptions:
• for reasons of public health and public safety
• penalty for commission of a crime
• circumstances of warrantless arrests
 
3) RIGHT TO PROPERTY
Exceptions:
• circumstances of warrantless search
• by virtue of court order
BILL OF RIGHTS
- a list of individual liberties, freedom and rights which are guaranteed
and protected under Article III of the 1987 Philippine Constitution
- protection of individuals against abuses of the state
- protection of the rights of an accused
 
DUTY
- anything we are obliged to do or to omit
- a moral obligation incumbent upon a person of doing, omitting or
avoiding
- for every right, there is a corresponding duty
 PROFESSIONAL CONDUCT
AND
POLICE ETHICAL STANDARD
 INTRODUCTION
Professional conduct and ethical standards and a high degree of honesty are more
essential for officers and members of PNP than for any member of the society.
This is so, because, they are entrusted with the enforcement of the rules,
regulations and ordinances created by City/Municipality and the laws of the land
created by the Congress that guide the conduct of society. A policeman’s violation
or infraction thereof, or his failure to enforce it, dishonor the law and the authority
he represents.
 
All members of PNP shall abide and adhere to the provisions of Code of
Professional Conduct and Ethical Standards. Toward this end, a truly professional
and dedicated law enforcer shall be develop in promoting peace and order,
ensuring public safety and enhancing community participation guided by the
principle that all public servants must at all times be accountable to the people.
 
They shall serve with utmost responsibility, integrity, morality and efficiency with
due respects to human right and signify as hallmarks of a democratic society. They
shall at all times bear faithful allegiances to the legitimate government, support and
uphold the constitution, respect the duly constituted authority and be loyal to the
service.
BACKGROUND ON THE PNP CODE OF
PROFESSIONAL CONDUCT AND ETHICAL
STANDARDS

SECTION 37, RA 6975

 
“There shall be established a performance evaluation system which
shall be administered in accordance with the rules, regulations and
standards, and A CODE OF CONDUCT promulgated by the Commission
for members of the PNP…”
 
NAPOLCOM RESOLUTION NO 92-4
resolution issued by the NAPOLCOM approving the draft of the Philippine
National Police Code of Professional Conduct and Ethical Standards by the
PNP
approved on 12 March 1992
PURPOSES OF THE CODE
1. To foster individual efficiency, behavioral discipline and
organizational effectiveness, as well as respect for constitutional
and human rights of citizens, democratic principles and ideals
and the supremacy of civilian authority over the military;
2. To set the moral tone and norms of professional conduct in the
police service;
3. To provide moral and ethical guidance to all PNP members; and
4. To enlighten members of the police service of what behavior is
really acceptable – to define what is permitted and what is
prohibited.
LAWS RELATED TO THE PNP CODE

1. RA 3019 – Anti-Graft and Corruption Practices Act

2. RA 6713 – Code of Conduct and Ethical Standards for
Public Officials and Employees
3. RA 7080 – Anti-Plunder Act
4. RA 9485 – the Anti-Red Tape Act of 2007
5. PLEB Rules and Regulations
Definition of Terms:
1. Neglect of Duty or Nonfeasance – is the failure to perform an act
which one is obligated or permitted to do either by law or directive
due to omission or failure to recognize the obligation.
2. Irregularities in the Performance of duty/ Misfeasance- is the
improper performance of some act, which might lawfully done.
3. Malfeasance – is the intentional commission of a prohibited actor
intentional unjust performance of some act of which the party had no
right.
4. Misconduct – is the wrong doing or violation of departmental
procedures.
5. Incompetence – it is the manifestation of lack of adequate ability and
fitness for the satisfactory performance of police duties. This has
reference to any physical intellectual quality the lack of, which
substantially incapacitates one to perform the duties of peace officer.
6. Oppression – an act of cruelty, severity, unlawful execution,
domination, or excessive use of authority. The exercise of the
unlawful powers or other means, in depriving an individual of his
liberty or property against his will, is generally an act of oppression.
7. Dishonesty – is the concealment or distortion of truth in a matter of
fact relevant of one’s office, or connected with the performance of
his duties.
8. Disloyalty to the Government – Consist of abandonment or
renunciation of one’s loyalty to the Government of the Philippines, or
advocating the overthrow of the government.
9. Violation of Law – Presupposes conviction in court of any crime or
offense penalized under Revised Penal Code or any special law or
ordinance.
10.Corruption – is a forbidden acts involving misuse of office for gain.
11. Favoritism – is the unfair “breaks” to friends or relatives (nepotism).
12.“Rotten Apples” – are either weak individuals who have slipped through
screening process or succumbed to the temptations inherent in police
work or deviant individuals who continue their deviance in an
environment that gives them ample opportunity.
13.Deviance – behavior inconsistent with the norms, values or ethics.
14. Police Discretion the act or the liberty to decide according to the
principles of justice and the police officer’s ideas of what is right and proper
under the circumstances.
TYPES OF POLICE DEVIANCE:
1. Police Gratuity – is the receipt of free meals, services or discounts.
Chiseling – is when an officer is quite blatant in about demanding free
services.
2. Police Shakedown – is when the police officer extorts a business owner
for protection money.
3. Police Perjury – is usually a means to effect an act of corruption, leaving
out certain pertinent pieces of information in order to “fix” a criminal
prosecution.
4. Police Brutality – is defined as excessive force, name calling, sarcasm,
ridicule, and disrespect.
When citizen charges police brutality they maybe referring to number of
things, including:
command to move or go home
- field stops and searches
- threats or implied violence
- prodding (sundutin) with night stick or approaching with pistol
- the actual use of physical force
5. Police Profanity – refers to the use of obscene and profane (walang
galang) language.

6. Misuse of Confidential Information – this normally involves the

jeopardization of ongoing investigations by leaking information to
friends, relatives, the public, the press, or in some cases directly to
the criminal suspect or members of their gang.
SEX ON DUTY OR DUTY RELATED
1. Traffic Stops – to get closer look at a female or information
about her.
2. Fox Hunting – stopping college girls to get the I’ll do anything
routine.
3. Voyeurism – window peeping or interrupting lovers lane
couples.
4. Victim Recontacts – consoling victims who have psychological
needs.
5. Opposite Sex Strip Searches – touching and/or sex with jail
inmates.
6. Sexual Shakedown – letting prostitutes go if they perform sex
acts.
THE LAW ENFORCEMENT CODE OF ETHICS

As a law enforcement officer, my fundamental duty is to serve mankind; to

safeguard life and property; to protect the innocent against deception; the weak against
oppression or intimidation; and the peaceful against violence or disorder; and to respect
the constitutional rights of all men, to liberty, equality and justice.
 
I will keep my private life unsullied as an example to all; maintain courageous calm
in the face of danger, scorn or ridicule; develop self-restraint and be constantly mindful
of the welfare of others. Honest in thought and deed in both my personal and official
life, I will be exemplary in obeying the laws of the land and regulations of my
organization. Whatever I see or hear of a confidential nature or that is confided to me in
my official capacity will be kept ever secret unless revelation is necessary in the
performance of my duty.

I will never act officiously or permit personal feelings, prejudices, animosities or

friendship to influence my decision. With no compromise for crime and with relentless
prosecution of criminal, I will enforce the law courteously and appropriately, without
fear or favor, malice or ill-will, never employing unnecessary force or violence and
never accepting gratuities in return.
 I recognize the badge of my office as a symbol of public faith and I accept it
as a public trust to be held so long as I am true to the ethics of 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.