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CRIM 4: Professional

Conduct and Ethical


Standards
Chapter 1:
Introduction
By: Professor John Michael T. Tumlad
“In law, a man is guilty when he violates the rights of others. In ethics,
he is guilty if he only thinks of doing so.”

-Immanuel Kant
Lessons Objectives:
1. Distinguish fundamental police doctrine from operational police doctrine
and functional police doctrine.

2. Explain how ethics plays a pivotal role in the Police System.

3. Distinguish between Police force and Police service.

4. Understand by heart the distinction between ethics and values.

5. Draw an conclusion why police ethics is in tandem with values.


POLICE DOCRTINE
Doctrine, defined
• A principle or position or the body of principles in a branch of
knowledge or system of belief.

• A military principle or set of strategies.

• Something that is taught.

• Synonyms: creed, dogma, gospel, ideology, philosophy, testament.


What is Police Doctrine?

• Generally speaking. Police doctrine is defined as an authoritative


statement of principles prescribing the proper acquisition, use and
employment of PNP human and material resources to achieve plan
objectives.
Types of Police Doctrine

1. Primary Police Doctrine

2. Secondary Police Doctrine


1. Primary Police Doctrine
Kinds:

a. Fundamental Police Doctrine


– it refers to the basic principle of planning, organization and
management of the Philippine National Police in support of the overall
pursuits of the vision, mission, strategic action and plan attainment.
PNP VISION AND MISION
b. Operational Police Doctrine
– it refers to the principles and rules governing the planning, organizing,
directing and employment of PNP forces in the accomplishment of
basic security operational mission in the maintenance of peace and
order, crime prevention and suppression, internal security and public
safety operation.
c. Functional Police Doctrine
– it is the kind of Police doctrine which provides guidelines for
specialized activities of the PNP in the broad field of interest such as
personnel, intelligence, operations, logistics planning, community
relations, investigations, research and training.
2. Secondary Police Doctrine
Kinds:

a. Complimentary Doctrine
- This doctrine is formulated jointly by two or more bureaus in order to
affect a certain operation with regards to public safety and peace and
order.
b. Ethical Doctrine
- This doctrine defines the fundamental principles governing the rules
of conduct, attitude and behavior of every police officer.
ETHICS, defined
• As a set of established principles governing virtuous behavior.

• As the discipline which deals with the study of standard of conduct


and moral judgment.

• As the study and analysis of what constitutes good or bad conduct.


PRINCIPLES OF PUBLIC SERVICE ETHICS
Public Service, defined
• In general, a public service may be defined as a service which is
provided by government by people living within its jurisdiction,
either directly (through the public sector) or by financing private
provision of services.

• The term is associated with a social consensus (usually expressed


through democratic elections) that certain services should be
available to all, regardless of income.
Police service, defined
• As Police service may be defined as a body sanctioned by local, state,
or national government to enforce laws and apprehend those who
break them.

• Public servants treat their office as a public trust, using power and
resources for public interest, not to attain personal benefit or private
interest incompatible with the public good.
Police Force and Police Service

Police Service Police Force


• Do not just take priority cues • Focuses more on pro
from the public they actively active/preventive/intervention
involve them in helping to find style of policing.
their own solutions. • Tends to be more reactive,
• Cooperative style of policing militaristic and aggressive in its
which is fairly open. approach and response to
• The planned outcome of conflict situation.
is preferably resolution by • Police forces tend to maintain
peaceful means, if at all possible. control of the problem.
PRINCIPLES GOVERNING PUBLIC
SERVICE ETHICS
• Objective Judgement

• Accountability

• Democratic Leadership

• Respectability
Objective Judgement

• Public servants use independent objective judgement in performing


their duties, and decide all matters based on the merits.
Accountability

• A government is conducted openly, efficiently, equitably and


honorably that permits the citizenry to make judgement and hold
government officials accountable.
Democratic Leadership

• it is a fundamental principle that a public servant is duty-bound to


respect the principles of representative democracy, and as such, he
must set a positive example of good citizenship by scrupulously
observing the letter and spirit of laws and rules.
Respectability

• A public servant is duty-bound to safeguard public confidence and


integrity of government by being honest, fair, caring and respectful
and by avoiding conduct creating the appearance of impropriety or
which of otherwise unbefitting a public official.
Values, defined
• Values refers to the accepted principles and standards of a person or
a group[ of persons.
What is the basis of the Police Ethical
Doctrine?

• The Police Ethical Doctrine is based on the principles that “All PNP
members in the performance of their duties shall fully abide by the
ethical doctrine.”
this Ethical Doctrine was culled from:
• The PNP Code of Professional Conduct and Ethical Standard (COPCES)

• The Constitution of the Republic of the Philippines

• Other relevant provisions of the Revised Penal Code

• RA 6713 (Code of Conduct and Ethical Standards for Public Officials


and Employees)

• RA 3019 (anti-Graft Practices Act)


• RA 7080 – An Act Defining and Penalizing the Crime of Plunder

• PD 46 – Making it ppunishable for public officials and employees to


receive, and for private persons to give gifts on any occasion,
including Christmas.

• RA 6975 – (DILG/PNP Law of 1991) and other related special laws.


To be continued…
Activity:
• 300 word essay

• Explain the difference between police service and police force.


Commitment of the PNP
1. All PNP personnel shall take upon themselves that intent and spirit
of this Doctrine are honored and upheld at all times.
2. Directors, Chiefs and Heads of Offices/Stations shall set the example
and be responsible for the adherence to this Doctrine.
3. Priests/Minister/Imams of the PNP Chaplain Service shile setting the
example, shall actively participate in enhancing the internalization
of this Doctrine.
4. All members of the PNP shall take an oath that they shall commit
themselves to this Doctrine.
The Oath Commitment

The oath commitment shall be done:

a. Upon entry into the PNP


b. Upon promotion to the nest higher rank, and
c. Upon assumption of office/position.
PNP Policies
The following are the policies of the PNP regarding the
adherence of the Doctrine:

• All PNP members (uniformed and non-uniformed personnel) shall


execute the pledge of Covenant to adhere this Doctrine.

• Propagation, Development and adherence of this Doctrine is a


command policy and its implementation thereof is a command
responsibility of PNP Commanders/Directors at all levels.
• All PNP shall maintain the PNP Code of Professional Conduct and
Ethical Standards (COPCES) as a conveyor of this PNP Ethical Doctrine.

• All PNP personnel shall be issued upon entry into the police service a
copy of the PNP COPCES which shall be considered an accountable
property and shall bring with them daily.

• The PNP COPCES shall be internalized by all members, and


institutionalized in the PNP. It is part of the circular of all PNP
academic courses and has ben integrated in moral value programs
conducted thru regular police information and education activities.
• There shall undertake a continuous appraisal and study on the
effectiveness of the PNP COPCES consistent with the growth and
dynamics of performance standards and professionalization of the
PNP.

• The PNP COPCES shall be subject to review initially three years and
every five years thereafter, or sooner if the need arises, for possible
revision and/or modification of its implementation strategy.
• The PNP Office of Ethical Standards and Public Accountability
(PNPORSPA) shall oversee the internalization of the PNP COPCES, and
the DHRDD shall monitor the adherence of PNP members to this
Ethical Doctrine.
Canons of Police Ethics
1. Primordial Police Responsibility – the primary objective of the 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 the 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 prevent 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 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
no special pre-requisite decent and honorable person, following the
career of policeman gives.
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.
Professional Police Principles

1. Prevention of Crime and Disorder – The prevention of crime and


disorder is the fundamental reason of the Police existence as an
alternative to the repression of crime and disorder by police force
and severity of legal punishment.
2. Cooperation of the Community – PNP members secure the
willingness and cooperation of the community as well as the voluntary
observance of the law by the community it serves.
3. Unreasonable Force Reduced Community Cooperation – PNP
members shall use reasonable force only when necessary in the
discharge of their duty.

4. Use of Reasonable Force when Persuasion is not Sufficient – PNP


members shall use reasonable force on when necessary in the
discharge of their duty.
5. Impartial Enforcement of Laws – Impartial enforcement of laws
means without regard to the justice and injustice of the substance of
particular laws.

6. The Community are the Police – This affirms historic tradition that
the police are the community and the community are the police.
7. Police should not Usurp Judicial Power – This means that the Police is
never averaging individuals of the state of authoritative judging guilt of
punishing the guilt.

8. Reduction of Crime and Disorder – This is a test of police deficiency.


9. Rule of Enforcement Impartially Observed – This meazns that the
police considers the safety and security of who might be caught in the
crossfire or arm encounters.

10. Police Discretion – This pertains to the principle of reasonableness


guides the officers considering all surrounding circumstances whether
any legal action shall be taken.
Thank you…
ACTIVITY.

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