UNETHICAL ISSUE CONFRONTING PNP; POLICE BRUTALITY IN THE

PHILIPPINES

A Term Paper

Presented to

Mrs. Rhona Alog

professor in

Professional Conduct and Ethical Standards

By

Atienza, Nicole A.

BS Criminology 1201
 UNETHICAL ISSUE CONFRONTING PNP; POLICE BRUTALITY IN THE PHILIPPINES

Table of Contents

1. Abstract

2. Introduction

3. Discussion

3.1 History of the Problem

3.2 Effects of the Problem

3.3 Possible Future Solution

4. Conclusion

5. References
 UNETHICAL ISSUE CONFRONTING PNP; POLICE BRUTALITY IN THE PHILIPPINES

Abstract

Police brutality is a contentious issue in the media that concerns both the public and

law enforcement. The force used by police is hard to differentiate between reasonable

and excessive force but later down the line it soon turns into police brutality. It's a major

problem that installs distrust in our own law enforcement system. There are so many

police officers that abuse their use of power, and it makes it difficult for citizens to tell

the difference between the officers that want to help and the ones that are just trying to

harm them. The police are supposed to serve the public and not themselves, making

choices on their own belief based on certain races, sexes, and religions. The purpose of

this paper is to find ways to stop police brutality.

I. Introduction

No one is perfect. Many people do bad things, wrong doings and worst is they lead to

commit a crime. But law enforcement officers have no right to do something brutal to

someone who commit crime because we have the right way of arrest and the right way

of punishment that needs to be carried out and followed.

There are officers who abuse their power and use it in evil deeds and intimidate the

people, instead of being the main good -willed and protector they are the ones who

commit brutal events.

Police brutality is the excessive and unwarranted use of force by law enforcement. It is

an extreme form of police misconduct or violence and is a civil rights violation. It also

refers to a situation where officers exercise undue or excessive force against a person.

Police violence includes but is not limited to physical or verbal harassment, physical or

mental injury, property damage, inaction of police officers, and in some cases, death.

Police brutality is sometimes used to refer to various human rights violations by police.

This might include beatings, racial abuse, unlawful killings, torture, or indiscriminate use

of riot control agents at protests.

By law, the police have the right to use legitimate force if necessary to make an arrest,

maintain order, or keep the peace. Just how much force is appropriate under various

circumstances can be debatable. When an officer uses excessive force, he or she

violates the law. Jerome Skolnick and James Fyfe define police brutality as a conscious
 UNETHICAL ISSUE CONFRONTING PNP; POLICE BRUTALITY IN THE PHILIPPINES

and deliberate action that a police officer undertakes toward suspects who are usually

members of a powerless social group. Police Brutality “We have a lot of people that are

oppressed. We have a lot of people that aren’t treated equally, aren't given equal

opportunities. Police brutality is a huge thing that needs to be addressed. There are a

lot of issues that need to be talk about, need to be brought to life, and those we need to

fix.” said Colin Kaepernick. Police brutality has been on the rise in recent events. The

brutality is not because there are a lot of people dying during interactions with police but

the events or needless physical strength that lead to death. Almost at 99% cases in

2015 have not resulted in any officers being convicted of police brutality. By instilling

periodic mental health screenings, requiring, a minimum, four -year degree in either

criminal justice or criminology, and regulate a routine yet, random illegal substance

testing, the rigorous percentage of police brutality could see an outstanding downfall.

Police officers held at a high ethical standard, thus the mental or psychological

screening serves as a way to eliminate the bad seeds or unwanted personalities. When

screening for potential law enforcement candidates it allows us to identify how the

applicant responds to emergency situations or confrontation also, gives us the ability

observe their basic abilities. Psychological screenings can also give the department in

which is hiring as to why the applicant is aspiring to take on such position. Taking in all

the components helps the evaluator determine whether the applicants psychological

profile is fit for the law enforcement profession. Career fields are becoming increasingly

competitive. Candidates having a 4-year degree in criminal justice or criminology will

give the edge over applicants who only have a high school diploma. There are many

benefits to requiring a 4 year to degree. It will enhance the law maker’s domain duty. It
 UNETHICAL ISSUE CONFRONTING PNP; POLICE BRUTALITY IN THE PHILIPPINES

will inspire personal growth. Colleges have enforced web enhanced classes which

makes applicants more proficient in technology. Acquiring a degree in some sort will

demonstrate self-determination and problem solving techniques. Police officers who

attend college are more pleased with their job making them to use less force on

citizens. College educated officers also understand the policing and criminal justice

system. Now as I said earlier the law enforcement is a very challenging profession

putting the physical and mentally abilities to the test. Therefore, the stressful

environment on law enforcement personnel leads them to explore a “quick fix” that lend

a hand in performing their day-to-day tasks more effectively. Illegal use of anabolic

steroids has risen among within the law enforcement society. Personnel of the law

enforcement use steroids for several different reasons but the main reason law

enforcement uses the drug is to have that “bulletproof mentality” or cutthroat leverage.

Steroids help boost lean body mass, strength, and combativeness. This type of abuse

has its adverse side effects as well death. The steroids lead to increased hostility and

aggression with decreased anxiety also an intensified dominant behavior. Impaired

judgement is another side effect which veers the person's state of mind or capability of

thinking right. These are just a few effects that would lead to police brutality, which is

why if we comprise of a routine illegal substance testing this would eliminate the use of

steroids or any illegal substance. Law enforcement personnel must understand they can

perform their daily tasks and have a strong body without use of steroids or illegal drugs.

They should focus on the right working out routines, proper nutrition, and get plenty of

rest.
 UNETHICAL ISSUE CONFRONTING PNP; POLICE BRUTALITY IN THE PHILIPPINES

II. Discussion

History of the Problem and those who are affected

Our country is no stranger to violence at the hands of police. A dark period in our

modern history was rife with these abuses. When dictator Ferdinand Marcos put the

entire nation under martial law, the streets saw numbers of the Philippine

Constabulary (PC)—the precursor to today’s Philippine National Police (PNP)

—“enforcing” the law of the land, but at the cost of human rights. During that period,

around 70,000 were arrested mostly without warrants and more than 30,000 were

tortured—a total of more than 100,000 civilians were victimized and stripped of their

human rights.

But that isn’t the sole instance of police brutality in our history. Even long after the

end of martial law, now in the so-called period of democracy and power of the

people, police and military abuse still happen, hidden from the eyes of the public and

the media. In a 2014 report entitled “Above the law: Police torture in the Philippines,”

Amnesty International cited the Commission on Human Rights (CHR), which, in

January of that year, found a secret “police safe house” in Laguna where detainees

appeared to have been tortured for “entertainment.”

“The CHR found a large roulette wheel on which were written descriptions of various

torture positions. If the wheel was spun and landed on ‘30 second bat position,’ for

example, this meant that the detainee would be hung upside down (like a bat) for 30
 UNETHICAL ISSUE CONFRONTING PNP; POLICE BRUTALITY IN THE PHILIPPINES

seconds. ‘20 second Manny Pacquiao’ meant that a detainee would be punched

non-stop for 20 seconds. The existence of such a device, apparently for police

officers’ entertainment, clearly demonstrates the casual attitude towards torture

within the police force,” the Amnesty International report read.

Fast forward to a new administration, the torture, abuses and killings continue—

seemingly encouraged, even. Within just the past few months of quarantine alone,

President Rodrigo Duterte had given orders to the police to detain and shoot left-

leaning individuals and other violators of the law. And if we look even further, the

Duterte administration has already long been marred by rising numbers of

extrajudicial killings and human rights abuses as part of its war on drugs. A report by

the United Nations High Commissioner for Human Rights submitted June 4 stated

that “the most conservative figure, based on government data, suggests that since

July 2016, 8,663 people have been killed—with other estimates of up to triple that

number.”

Most brutality is directed against minority groups or otherwise powerless

populations. Officers who engage in brutality rationalize their use of extralegal force;

they claim they are punishing those groups that threaten to disrupt the social order.

Police brutality refers to the intentional use of verbal attacks or excessive force

directed towards a country’s citizens by the police force. This excessive force may

be physical or in form of psychological intimidation. Police brutality is highly evident

in many countries all over the world especially in the news where such cases are

reported. It is seen as a form of police misconduct which involves sexual abuse,

police corruption, false arrests, racial profiling, and political repression. These forms
 UNETHICAL ISSUE CONFRONTING PNP; POLICE BRUTALITY IN THE PHILIPPINES

of police brutality are mainly directed towards the vulnerable groups such as the

poor, the weak and the elderly (Wallace, 2010). Most of these police brutality actions

are always linked to racism (racial segregation). Many countries have allowed their

police force to use force in apprehending the suspects and also in protecting

themselves. They are however supposed to use reasonable amounts of force in

controlling any situation and in accomplishing their goals. Police brutality always

violates the suspect’s constitutional rights and it should be stopped. Police brutality

is the use of excessive and/or unnecessary force by police when dealing with

civilians. Racism, per Marger (2012), “racism is an ideology, or belief system,

designed to justify and rationalize racial and ethnic inequality” (p. 25). Many believe

that the police force abuses their powers against minorities. Research shows that

police officers are trained to protect and serve their community, this means that they

have the authority to make the decision that is best for the community and their own

safety.

Officers are trained to follow "objective reasonableness standards" when using

deadly force, which includes a careful balancing of citizens' and officers' rights.

Suspicious suspects are what police officers are trained to look for to maintain public

order in society and keep the community safe. Officers should draw their weapons and

command the suspect to drop their gun and get on the ground. The dialogue that

happens between an officer and the suspect is what some experts call the most

important aspect of police work Danylko, C. R. (2014, December 08).

Police are trained to shoot at "center mass," or a suspect's torso. Thomas Aveni, an

executive director of the Police Policy Studies Council, conducted a study that revealed
 UNETHICAL ISSUE CONFRONTING PNP; POLICE BRUTALITY IN THE PHILIPPINES

that while officers are prone to shoot at suspects who are young and wearing

"disheveled" clothing, the most important factor is how a suspect behaves. Overall, it is

mostly decided by the officer what he or she should do with potential suspect/criminal.

Data collected by H.C Brearley reported that the most publicized type of police

brutality is the extreme case of Negroes being killed by policemen (Social Work 1981).

Poorer people do commit more violent crime — very often against each other, as crime

victimization rates are also vastly higher among the poor. Though the overall

relationship between economic conditions and crime is quite complex, criminals are

disproportionately poor (R. Cooper 2015). Like it was stated earlier in this literature

review, officers tend to shoot young suspects are dressed poorly and seem unkempt.

This attribute in turn correlates with individuals in poverty. This paper is going to discuss

the police brutality; tolerance of police brutality in the society and ending police brutality.

There are some vulnerable groups which are always subjected to police brutality.

These include the poor, the weak, women, drug addicts and the elderly. According to

the amnesty international (2009), the police force has brutalized some of these

vulnerable groups.

For example, the sudden, brutal killing of a mother and son, caught on camera late

Sunday in the Philippines, has cast a harsh new light on the rampant abuse of authority

by police under President Rodrigo Duterte. The plainclothes police officer, identified as

Senior Master Sgt. Jonel Nuezca, abruptly shot Sonya Gregorio, 52, and Frank Anthony

Gregorio, 25, after an argument in Tarlac, a province about 80 miles north of Manila.

The incident on Sunday was recorded by a witness in a graphic video. It showed

Nuezca pull out a pistol and shoot the gray-haired mother in the head and then her son
 UNETHICAL ISSUE CONFRONTING PNP; POLICE BRUTALITY IN THE PHILIPPINES

as they clutched each other, before shooting them each a second time. The video

quickly went viral, prompting an administrative investigation and murder charges against

the police officer. He has since turned himself in to authorities.

March 29, 2020. Two policemen were the main suspects in the rape of two female

detainees in Marikina. The victims underwent custodial debriefing, after which the cops

allegedly brought them to an office where they were sexually assaulted.

August 16, 2017. Seventeen-year-old Kian Delos Santos is killed near his home in

Caloocan City. CCTV video released later showed policemen dragging Kian through the

streets and shooting him, although officers initially said the victim shot at them and they

were merely defending themselves.

Effects of the Problem

Aggressive policing, more specifically, has also been found to affect the health of

individuals. In their study, Amanda Geller et al. researched men’s experiences of police

encounters and their subsequent mental health (2014). 1261 telephone surveys were

conducted with racial and ethnic minority men ages 18 to 26 in New York City.

Participants were asked the amount of times they had been approached by police

officers, what those encounters entailed, as well as to identify any traumas they related

to the stops and overall anxiety experienced. The survey data was analyzed using

cross-sectional regressions. Findings revealed that men who reported having more

police contact, which was most often intrusive and unfair, also reported more symptoms

of trauma and anxiety.

Police brutality directly causes death and injury. The most direct connection between

police violence and public health is the fact that police violence kills people. “Police
 UNETHICAL ISSUE CONFRONTING PNP; POLICE BRUTALITY IN THE PHILIPPINES

brutality affects public health because it affects an indicator of population health, which

is life expectancy,” Alang says. “It causes death, reduces life expectancy, and increases

the death rates for particular populations.”

Police brutality impacts mental health above and beyond the actual incidents of it,

though. “The thing is, it’s not just when [an incident of police violence] happens. It is the

constant anticipation that it could happen to you, it could happen to someone you

know,” Alang explains. The interminable uncertainty of the looming threat of police

brutality can take severe psychological tolls on the people who are most vulnerable to it

—i.e., the BIPOC who are most likely to be injured, killed, or traumatized at the hands of

the police. This kind of stress and anticipation "is not visible to other people. It’s just part

of the day-to-day experiences of groups that are disproportionately policed that the

stress has become so chronic that it’s invisible,” Alang says. “Something that makes a

stressor really chronic and really painful and significantly more associated with mental

health is the uncertainty of it, not knowing when it will happen and when it will end,”

Alang notes. “It’s that uncertain yet permanent stressor that really makes police brutality

impact mental health the way that it does.” Even stops that are not physically violent

harm mental health. The APHA policy statement cites a number of studies showing a

connection between stops that people perceive as discriminatory, unfair, or intrusive

and symptoms of psychological distress, including anxiety, depression, and PTSD.

Indeed, like all forms and threats of violence, “Police violence certainly creates stress,

which we know affects a range of health outcomes,” Dr. Benjamin says. Evidence

shows that the constant stress of the looming threat, the actual experience, and the

devastating aftermath of police brutality in all of its forms (physical, emotional, verbal) at
 UNETHICAL ISSUE CONFRONTING PNP; POLICE BRUTALITY IN THE PHILIPPINES

a personal (first- or secondhand) and societal level can have tremendous effects on the

mental and physical health of people. Police brutality also has massive indirect effects

on public health by breeding mistrust in the institutions meant to keep us safe. There’s

also a category of ripple effects that police brutality has on communities that are

profoundly detrimental to public health but difficult to quantify due to a severe lack of

data. Take the fact that police brutality, applied disproportionately to BIPOC, engenders

a lack of confidence in the police. “People don't believe that the police will trust them

and protect them,” Dr. Benjamin explains, and this lack of faith in law enforcement

makes people less likely to call on the police when they are in danger. Furthermore,

“When people don't trust the police, they don't tell the police stuff about other crimes

and safety threats that occur in the communities,” Dr. Benjamin says. “Crimes don’t get

solved.” Police brutality in effect makes effective police work more difficult, and the

communities they serve less safe, resulting in more public health threats.

Furthermore, mistrust in one institution tends to carry over into others. “Police represent

‘the man,’ whatever that man means to you…they represent in people’s minds the

systems that are working against them,” Dr. Benjamin explains. So a lack of confidence

in the police “trickles down to other institutions” and contributes to a broader “distrust of

government in our society, distrust of anyone who’s in a uniform,” Dr. Benjamin says.

Possible Future Solution

The definition of "good cop" has changed. Instead of being someone who makes a lot

of arrests, a good cop is one who wants to make the community they serve safer and

better for the people who live there. It is not someone who aspires to "kick ass and take
 UNETHICAL ISSUE CONFRONTING PNP; POLICE BRUTALITY IN THE PHILIPPINES

names," as the expression goes. Hiring and retaining cops who can easily discern a

situation that can be de-escalated from one that requires force will require major

changes to police departments. It will also require taking on the law enforcement belief

that no one understands the challenges they face.

Testing to hire and retain the right cops. First, departments should test applicants for

bias. Second, written, video and in-person tests should be used to determine the level

of threat that triggers an applicant's aggression. Third, applicants should be assessed

for empathy, impulse control, paranoia and independent thinking. Departments in

Baltimore and Washington, D.C. have begun to focus on interpersonal skills that help

officers develop empathy and impulse control but it is not clear that they are using any

specific test to assess these traits in applicants or veteran officers. To make sure

nothing was missed in testing, background investigations can help surface any risk an

applicant presents that may not be revealed by testing. Officers necessarily change

after time on the streets, and not all cope well with the stresses of police work. The

changes they undergo can be highly negative and create risks to communities and

departments that were not present at the beginning of their tenures. Because changes

will happen, officers need to be tested regularly in a way that encourages them to

provide candid answers and helps them understand biases they may have developed

against the community they serve. Routine testing of officers can also serve to alert

departments to cops who may have changed in ways that might now threaten the

community.

Training officers to serve their communities. Police academy training must go beyond

firearms and defensive tactics. Instead, it should emphasize communication skills and
 UNETHICAL ISSUE CONFRONTING PNP; POLICE BRUTALITY IN THE PHILIPPINES

methods for recognizing and de-escalating potentially violent situations. Some

academies do teach officers how to de-escalate confrontation, but not to the extent

necessary and not as often as they should after the officer is sworn. A critical part of this

training is to teach officers how to avoid escalating encounters in the first place.

Teaching recruits how to develop relationships with the community will help them solve

crime and create a safer environment for them to patrol. Experienced officers also need

to be subject to regular training. Most departments require officers to reassess firearms

proficiency and administer tests for firearms skills. However, police departments fail to

challenge police officers to constantly develop new skills to discern non-threatening

situations, and to de-escalate situations that could lead to violence. Training programs

will have to address the widely held police officers' view that no outsider understands

their daily challenges, and no outsider has any credibility. Training will work if police

departments identify officers with empathy and de-escalation skills and enlist those

officers to serve as peer trainers.

Consequences. Holding officers accountable for all unnecessary uses of force will

require taking on increasingly powerful police unions. Police unions carry considerable

political authority in most jurisdictions and have established collective bargaining

agreements in some cases that serve to protect violent officers as much, if not more

than good cops. Police departments need to have the discretion to transfer, demote,

suspend, and, in some instances, terminate officers who have ceased to serve their

communities. State and federal criminal codes should include charges for excessive

police force and charges for officers who stand by and watch the incident unfold.

Minnesota's law, for instance, requiring other officers to intervene if a colleague is using
 UNETHICAL ISSUE CONFRONTING PNP; POLICE BRUTALITY IN THE PHILIPPINES

excessive force was never ratified. Making sure that police unions' power does not

dictate departments' policies will require fortitude on the part of both political parties.

At present, police officers are incentivized to fight for their jobs, even when they are

accused of the most serious and well-documented acts of violence. The reason for this

is money. Most police officers are permitted to retire at a relatively early age and to

receive a significant pension, creating a situation sometimes called "the golden

handcuffs." This early retirement model may need to be reconsidered if it works against

efforts to reform police departments. These reforms should not seek only to punish bad

cops, but instead to reward good ones. Consequences must also include rewards and

incentives to officers who de-escalate violent confrontations. Like any other program of

reform, good cops should be encouraged to rise in the ranks, selected to be training

officers, and recognized as models by their departments.

Challenges for outside reformers. In a number of cases, police reforms have been

drafted by people who have not faced the same challenges as cops on the beat. This is

why reformers are often viewed as outsiders. Police departments found to have

systemic abuses have been placed under receivership, meaning they are basically on

probation and under the scrutiny of the U.S. Department of Justice. Police officials in

departments under receivership have told me that they are biding their time until these

authorities are gone. The implication is that police departments will go back to business

as usual when the receivers leave, and the scrutiny of their department ends. But

receivership is not a long-term solution to the problem.

Every country has its own domestic laws and there is no one-size-fits-all prescription

for making them fairer and safer. Amnesty International’s detailed guidelines on the use
 UNETHICAL ISSUE CONFRONTING PNP; POLICE BRUTALITY IN THE PHILIPPINES

of force by law enforcement set out clearly how police and other security forces around

the world can improve their laws, policies and practices. Absent clear legislation that

can take funding from police departments for non-compliance, reforms cannot happen.

Some of the key recommendations are, the power of the police to resort to the use of

force and firearms must be adequately regulated by law.

The “protect-life” principle must be enshrined in law – lethal force may only be used for

protecting against an imminent threat of death or serious injury.

Where use of force by the police has resulted in injury or death, there must be a prompt,

thorough, independent, and impartial investigation. Those responsible must be brought

to justice in fair trials.

During protests, police should be guided by their duty to facilitate peaceful assemblies,

and their starting point should not be the use of force.

People in detention have the same rights as everybody else when it comes to lethal

force.

Conclusion

As a result, I have come to understand that police brutality is an issue that is greatly

impacting to everyone especially in our community. Police brutality must stop because

we have a law that must be followed in the elimination of crime. I challenge the silent

majority in the officer corps of the Philippine National Police who are God-fearing,

decent professionals to force the PNP chain of command—all the way up to the

commander in chief—to initiate drastic reforms in the PNP, and stop police abuse and

police brutality once and for all.

Law enforcers like the police are the main ones and should guide and protect us. They

maintain peace and understanding with each other. Although they have the right to

arrest whoever violates and sins, they have no right to abuse their power and kill people

who have no opponent against, unless it is to protect themselves. Strong relationships

of mutual trust between police agencies and the communities they serve are

critical to maintaining public safety and effective policing. Police officials rely on the

cooperation of community members to provide information about crime in their

neighborhoods, and to work with the police to devise solutions to crime and disorder

problems. Similarly, community members’ willingness to trust the police depends on

whether they believe that police actions reflect communication. Securing public

confidence in the police is an important challenge for police managers.

Not only is public support fundamental to the legitimacy of the police, but it is also

important for enlisting the public in efforts to reduce crime. Moreover, there is growing

evidence that public support depends on the public perception that police treat people

fairly and professionally. Unity values and incorporate the principles of procedural

justice and legitimacy.

I think that police officers need better training on what to do in a situation that involves

a gun, knife, or a suspect is not obeying them. Police officers need to go through more

psychological training to teach them. They need to build a relationship with the

community and not just try to tear it apart. Police officers should be held just as

responsible as any other person in the country for committing a murder or shooting

someone. They should not be above the law. The community needs to have faith in the

people who are supposed to be there to protect us. We need to start this healing
 UNETHICAL ISSUE CONFRONTING PNP; POLICE BRUTALITY IN THE PHILIPPINES

process now before it is too late because if we wait any longer then it will be a never

ending battle of the people vs the police. That is something that we do not want nor

need to go through because it will result in more deaths. So let’s come together and

hold police officers responsible for their actions.

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