Police Ethics and Values Guide
Police Ethics and Values Guide
Understanding Ethics
Etymologically, the word ethics originated from the Greek word ethikos which pertains to ethos
meaning custom or character. From this origin, ethics is taken to mean as a philosophical science that deals
with morality of human conduct or human acts. Ethics is a philosophical science which means that ethics is
one of the many discipline in philosophy. Ethics may also refer to the philosophy of morals or standard
character set up by any race or nation. It also refers to the study of human conduct, emphasizing the
determination of right and wrong or the basic principles of action. Ethics are external standards provided
by an institutions, groups or culture to which an individual belongs.
Ethics is a normative philosophy. Normative philosophy means a discipline in philosophy that posits
the question: what is good and what is bad? Or what is the right action and wrong action? (Moral
Philosophy). Ethics systematically establishes standards or norms of human conduct. It, therefore, qualifies
human conduct as to whether it is good or bad and right or wrong. After it qualifies human conduct, ethics
also requires a definitive human conduct. This means that it requires man to act properly as human being
and to act properly as man, ethics idealistically requires man to do what is good and what is right.
What do we mean by morality of human acts?
Morality of human acts refers to the goodness or badness, the rightness or the
wrongness of human acts.
With this, we can now say that ethics is a normative philosophical science that deals with the
goodness or badness, the rightness or wrongness of human acts.
Understanding Morality
Morality is the foundation of every human society. Without civic morality, communities perish;
without morality their survival has no value. Every culture admits the importance of morality as a standard
of behaviour. When the moral foundation of a nation is threatened, society itself is threatened. It is also
the quality of human acts by which they are constituted as good, bad or indifferent.
Ethics Morals/Morality
What is it? The rules of conduct recognized in respect Principles or habits with respect to right
to a particular class of human actions or a or wrong conduct. It defines how things
particular group, culture, etc. it defines should work according to an individual’s
how things are according to the rules. ideals and principles.
Why we do it? Because society says it is the right thing to Because we believe in something being
do. right or wrong.
What if we don’t We will face peer/societal disapproval, or Doing something against one’s morals and
do it? even be fired from our occupation. principles can have different effects on
different people, they may feel
uncomfortable, remorse, depressed, etc.
1
Police Ethics and Values
Understanding Values
Values are the object of human desire and striving; they are also the subjective assessment of a
particular object insofar as it is good. These are our beliefs which we hold to be true. Thus values inspire us
to struggle towards our proximate and ultimate ends. Values also refer to things, person or goals which are
important to life. They enable us to direct, understand and evaluate our lives. Thus, they refer to our ideals
and our principles by which we live. Further, values are those which we like, approve, esteem, enjoy and
prize.
Ethics and values supports each other. An ethics without values is hollow and shallow and therefore
weak. Values without ethics are paralytic. Needless to say, values are values even if they do not put into
practice because primarily, values are objective. Values are implicitly related to a degree of behavioral
freedom or autonomy by human beings; values steer or guide the person on the basis of internally chosen
options. Hence, values imply the prioritizing the different behavioral alternatives which are perceived to be
possible for the individual.
Values should necessarily have carriers. In the interplay of values and ethics, it is the latter that
serves as the carrier of values. This is why values are rooted in ethics. Ethics is not the only carrier of
values, however. Values are also carried out by culture, religion, beliefs and the like.
(Nota Bene: Axiology – a branch of philosophy that studies values and value judgments.)
Properties of Values
1. Values are subjective – it means that the existence and validity of values are dependent upon on the
feelings or attitudes of the subject.
2. Values are objective – it means that the existence and the nature of values are independent to a
subject.
3. Values are relative – this means that values are intrinsic limitation and imperfection.
4. Values are bipolar – it means that values do not exist alone; they always exist with their counter
values. Thus, values are either positive or negative.
5. Values are hierarchical – we do not classify values but we rank them. When we rank values, we
establish order of importance among them. The closest meaning of ranking values is prioritizing values.
Classification of Values
1. Intrinsic and Instrumental Values – intrinsic values are those which are considered values in
themselves. Instrumental values are those construed as desired good because of their good to us and
to others. In comparing the two, the former is called primary while the latter, secondary values.
2. Religious values – they are those that enable us to encounter the Absolute God.
3. Cultural values – they are those values that embrace poetry, painting, architecture, music, literature,
etc.
4. Social values – these are understood as perfect, attributed to an object or attitude from the
standpoint of relationship between means and ends in society.
2
Police Ethics and Values
spiritual, internal or external. Moral philosophy however, treats the term human acts not in its broader but
in its stricter meaning. It understands human acts as actions that are proper only to man. These actions are
those which man does not share with the brutes of human acts are rational and willed acts.
It requires knowledge, freedom and There are man’s action which man shares with the brutes
voluntariness
It does not need man’s freedom and will
2. Freedom
An act done with freedom means that the agent does an act under the control of his will
This suggests that when the agent performs an act with his freedom, his will not affected
of influenced by any constraint either within himself or outside himself.
3. Voluntariness
These requires the presence of the two other constituents
This means that the voluntary acts is synonymous with human act
It must always be remembered that an action can only be qualified a human act if it has
the three constituents
2. In relation to reason
Three kinds of Human acts
a. Good acts are those done by man in harmony with the dictates of right reason.
b. Evil acts are those actions done by man in contraction to the dictates of right reason
c. Indifferent acts are those that neither good nor evil. Indifferent acts bear no positive
relation to the dictates of reason.
3
Police Ethics and Values
UNIT 2
Fundamentals of Public Service
Related Laws
1. Republic Act 6713
- An act establishing a code of conduct and ethical standards for public officials and
employees, to uphold the time-honored principle of public office being a public trust,
granting incentives and rewards for exemplary service, enumerating prohibited acts and
transactions and providing penalties for violations thereof and for other purposes
2. Republic Act 3019 (as amended) – Anti Graft and Corrupt Practices Act
3. Republic Act 7080 – An act defining and penalizing the crime of plunder
4. Presidential Decree 46
- Making it punishable for public officials and employees to receive, and for private
persons to give gifts on any occasions, including Christmas
5. The Revised Penal Code, Book Two
Title Four – Crimes against public interest
Title Six – Crimes against public morals
Title Seven – Crimes committed by public officers
4
Police Ethics and Values
3. Response training – it refers to obedience to legal orders which is indispensable in undergoing the
training.
4. Determination – regardless of the rigidity of the training one must undergo, it is useless if he does
not have the determination to pursue.
5. Ability to rise when fall – facing the consequences of our action is a sign of maturity.
5
Police Ethics and Values
6
Police Ethics and Values
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 fulfil: to bequeath
unto them the one and only treasure of his life – an unblemished name.
7
Police Ethics and Values
1. Lapu-Lapu Hero - The great Filipino hero of Mactan, the prototype of the best and most noble in
Filipino manhood who is the symbol and embodiment of all the genuine attributes of leadership,
courage, nationalism, self-reliance and a people-based and people powered community defense.
The benevolent and heroic warrior who derived added strength from a cohesive, determined and
loyal people is today a fitting symbol and a prototype as well of people power to preserve our
values, customs, traditions, way of life and the rule of law thru a solidly community-based police
system. Lapu-Lapu also personifies for us today civilian constitutional authority.
2. Laurel - Green Laurel with 14 leaves, symbolizes the 14 Regional Commands. It is also a symbol of
the honor, dignity and the privilege of being a member of a noble organization where the call to
public service is par excellence a commitment to public trust.
3. Shield - The symbol of the Philippine Constabulary, the first National Police by virtue of Organic Act
No. 175, enacted by the Philippine Commission on 18 July 1901. The Philippine Constabulary for the
close to 90 years of service to the nation has performed with honor, professionalism and courage.
The PC has carved out a large part of the glorious pages of Philippine history, as attested by its
proudly and deservedly garnering 86 of the 92 "Medals of Valor" the highest honor that a grateful
Filipino nation can bestow on its gallant sons in the service of the Republic. Most appropriately
therefore, the Philippine Constabulary became the nucleus of the Integrated National Police in
1975 to nurture the then embryonic concept of the nationalization of the country's local police
forces.
4. Three Stars - Luzon, Visayas and Mindanao and the 1,700 islands and the territorial integrity
wherein the National Police must enforce the law and maintain peace and order with
professionalism, zeal and dedication in keeping with the highest ideals and traditions of service to
our country and people.
5. Service • Honor • Justice - Added distinct ideals for the officers, men and women of the PNP to
insure efficiency, integrity, cohesiveness, camaraderie and equanimity to enhance community
acceptance and support to attain its mission of peace keeping and law enforcement.
6. Sun - Symbolize the flowering, maturing and ultimate realization of the glorious evolution of the
PC/INP into a National Police Organization - "national in scope and civilian in character" - as
enshrined in the 1986 Constitution. The Traditional light rays which represents the fightingest
provinces whose ideals of courage and patriotism the members of the National Police must
possess.
More importantly, the uniform bespeaks not only of the authority and prerogatives of the peace
keeper and law enforcer wearing such uniform but, equally worthwhile, the intellectual, moral and
spiritual cast and mold of the person inside that uniform. Just as what abounds in the heart is spoken by
the mouth so what values and virtues are acquired and ingested, or not ingested and acquired, as the case
maybe, are bound to have a repercussion or reflection on his uniform.
UNIT 3
Code of Professional Conduct and Ethical Standard
POLICE OFFICER’S CREED AND STANDS ON BASIC ISSUES
The PNP Core Values
The police service is a noble profession which demands from its member specialized knowledge and
skills, as well as high standards of ethics and morality. Hence, the members of the PNP must adhere to and
8
Police Ethics and Values
internalize the enduring core values of love of God, respect for authority, selfless love and service for
people, sanctity of marriage, and family life, responsible dominion and stewardship over material things,
and truthfulness.
The Police Officer’s Creed (NOTE: The students will recite individually)
2.1 I believe in God, The Supreme Being, The Great Provider, and The Creator of all men and everything
dear to me. In return, I can do no less than love Him above all obeying His word, seek His guidance
in the performance of my sworn duties and honor Him at all times.
2.2 I believe that respect for authority is a duty. I respect and uphold the Constitution, the laws of the
land and the applicable rules and regulations. I recognize the legitimacy and authority of the
leadership, and obey legal orders of my superior officers.
2.3 I believe in selfless love and service to people. Towards this end, I commit myself to the service of
my fellow men over and above my personal interest.
2.4 I believe in the sanctity of marriage and family life. I shall set the example of decency and morality,
shall have high regard for family life and value of marital fidelity.
2.5 I believe in the responsible dominion and stewardship over material things. I shall inhibit myself
from extravagance and ostentatious display of material things. I shall help protect the environment
and conserve nature to maintain ecological balance.
2.6 I believe in the wisdom of truthfulness. I must be trustworthy and I shall uphold the truth at all
times.
9
Police Ethics and Values
Political Patronage- PNPP members shall inhibit themselves from soliciting political patronage on
matters pertaining to assignment, award, training and promotion.
Setting Example- All PNP members shall set good example to their subordinates and follow good
example from the superiors.
10
Police Ethics and Values
circumstances such as a state –of-war, a threat to national security, internal political instability or
any public emergency as a justification for committing such human rights violations.
Devotion to Duty- PNP members shall perform their duties with dedication thoroughness,
efficiency enthusiasm, determination, and manifest concern for public welfare, and shall refrain
from engaging in any activity which shall be conflict with their duties as public servants.
Conservation of Natural Resources- PNP members shall help in the development and conservation
of our natural resources for ecological balance and posterity as these are the inalienable heritage
of our people.
Discipline- PNP members shall conduct themselves properly at all times in keeping with the rules
and regulations of the organization.
Loyalty- PNP members shall be loyal to the Constitution and the police service as manifested by
their loyalty to their superior’s peers and subordinates as well.
Obedience to Superiors- PNP members shall obey lawful orders of and be courteous to superior
officers and other appropriate authorities within the chain of command. They shall readily accept
whenever they are assigned anywhere in the country. Therefore, it is taboo for any personnel to
petition in court or in any public forum his assignment.
Command Responsibility- In accordance with the Doctrine on Command Responsibility, immediate
Commanders/ Directors 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, expended or
utilized in accordance with laws and regulations and safeguard against losses thru illegal or
improper disposition.
11
Police Ethics and Values
12
Police Ethics and Values
post without proper turnover. Turn-over includes turnover of properties/equipment, human and
material resources.
Wedding Ceremony -- During marriage of PNP members, a ceremony is conducted with
participants in uniform and swords drawn.
Anniversary – The birth or institutional establishment of a command or unit is commemorated in
an Anniversary Ceremony.
Proper Attire – PNP members always wear appropriate and proper attire in conformity with the
occasion.
Table Manners – PNP members observe table etiquette at all times.
Social Graces – PNP members conduct themselves properly in dealing with people during social
functions.
Uniform/Appearance – The public looks upon a PNP member as distinctively a man among men. It
is a welcome sight when PNP members wear their uniform properly wherever they may be.
Bulging stomach is a taboo in the uniformed service. Since disciplined PNP members are best
exemplified by those who are neat in appearance and wearing the prescribed uniform, they must
therefore observe the following:
Wearing of prescribed uniform.
Adherence to haircut prescribed by rules & regulations.
Manner of Walking- Every PNP Member is expected to walk with pride and dignity.
Police Tradition
The following are police traditions:
Spiritual Beliefs- PNP members are traditionally religious and God-loving person. They attend
religious services together with the members of their family.
Valor- History attests that the Filipino law enforcers have exemplified the tradition of valor in
defending the country from aggression and oppression and protecting/preserving the life and
property of the people. They sacrificed their limbs and lives for the sake of their countrymen
whom they have pledged to serve.
Patriotism- The 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.
Discipline- The discipline of the PNP members is manifested by instinctive obedience to lawful
orders and thorough and spontaneous actions towards attainment of organizational objectives
guided by moral, ethical and legal norms.
Gentlemanliness- PNP members are upright in character, gentle in manners, dignified in
appearance, and sincere in their concern to fellowmen.
Word of Honor- PNP members’ word is their bond. They stand by and commit to uphold it.
13
Police Ethics and Values
Duty- PNP members have historically exemplified themselves as dedicated public servants who
perform their tasks with a deep sense of responsibility and self-sacrifice. They shall readily accept
assignment anywhere in the country.
Loyalty- PNP members are traditionally loyal to the organization, country and people as borne by
history and practice.
Camaraderie- The binding spirit that enhances teamwork and cooperation in the police
organization, extending to the people they serve, in manifested by the PNP members’ deep
commitment and concern for one another.
(a) "Government" includes the National Government, the local governments, and all other
instrumentalities, agencies or branches of the Republic of the Philippines including government-owned or
controlled corporations, and their subsidiaries.
(b) "Public Officials" includes elective and appointive officials and employees, permanent or temporary,
whether in the career or non-career service, including military and police personnel, whether or not they
receive compensation, regardless of amount.
(c) "Gift" refers to a thing or a right to dispose of gratuitously, or any act or liberality, in favor of another
who accepts it, and shall include a simulated sale or an ostensibly onerous disposition thereof. It shall not
include an unsolicited gift of nominal or insignificant value not given in anticipation of, or in exchange for, a
favor from a public official or employee.
(d) "Receiving any gift" includes the act of accepting directly or indirectly, a gift from a person other than a
member of his family or relative as defined in this Act, even on the occasion of a family celebration or
national festivity like Christmas, if the value of the gift is neither nominal nor insignificant, or the gift is
given in anticipation of, or in exchange for, a favor.
(e) "Loan" covers both simple loan and commodatum as well as guarantees, financing arrangements or
accommodations intended to ensure its approval.
14
Police Ethics and Values
(f) "Substantial stockholder" means any person who owns, directly or indirectly, shares of stock sufficient
to elect a director of a corporation. This term shall also apply to the parties to a voting trust.
(g) "Family of public officials or employees" means their spouses and unmarried children under eighteen
(18) years of age.
(h) "Person" includes natural and juridical persons unless the context indicates otherwise.
(i) "Conflict of interest" arises when a public official or employee is a member of a board, an officer, or a
substantial stockholder of a private corporation or owner or has a substantial interest in a business, and
the interest of such corporation or business, or his rights or duties therein, may be opposed to or affected
by the faithful performance of official duty. chan robles virtual law library
(j) "Divestment" is the transfer of title or disposal of interest in property by voluntarily, completely and
actually depriving or dispossessing oneself of his right or title to it in favor of a person or persons other
than his spouse and relatives as defined in this Act.
(k) "Relatives" refers to any and all persons related to a public official or employee within the fourth civil
degree of consanguinity or affinity, including bilas, inso and balae.
SECTION 4. Norms of Conduct of Public Officials and Employees. — (A) Every public official and employee
shall observe the following as standards of personal conduct in the discharge and execution of official
duties:
(a) Commitment to public interest. — Public officials and employees shall always uphold the public interest
over and above personal interest. All government resources and powers of their respective offices must be
employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in
public funds and revenues.
(b) Professionalism. — Public officials and employees shall perform and discharge their duties with the
highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with
utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of their
roles as dispensers or peddlers of undue patronage.chan robles virtual law library
(c) Justness and sincerity. — Public officials and employees shall remain true to the people at all times.
They must act with justness and sincerity and shall not discriminate against anyone, especially the poor
and the underprivileged. They shall at all times respect the rights of others, and shall refrain from doing
acts contrary to law, good morals, good customs, public policy, public order, public safety and public
interest. They shall not dispense or extend undue favors on account of their office to their relatives
whether by consanguinity or affinity except with respect to appointments of such relatives to positions
considered strictly confidential or as members of their personal staff whose terms are coterminous with
theirs.
(d) Political neutrality. — Public officials and employees shall provide service to everyone without unfair
discrimination and regardless of party affiliation or preference.
(e) Responsiveness to the public. — Public officials and employees shall extend prompt, courteous, and
adequate service to the public. Unless otherwise provided by law or when required by the public interest,
public officials and employees shall provide information of their policies and procedures in clear and
understandable language, ensure openness of information, public consultations and hearings whenever
appropriate, encourage suggestions, simplify and systematize policy, rules and procedures, avoid red tape
and develop an understanding and appreciation of the socio-economic conditions prevailing in the country,
especially in the depressed rural and urban areas.
15
Police Ethics and Values
(f) Nationalism and patriotism. — Public officials and employees shall at all times be loyal to the Republic
and to the Filipino people, promote the use of locally produced goods, resources and technology and
encourage appreciation and pride of country and people. They shall endeavor to maintain and defend
Philippine sovereignty against foreign intrusion.
(g) Commitment to democracy. — Public officials and employees shall commit themselves to the
democratic way of life and values, maintain the principle of public accountability, and manifest by deeds
the supremacy of civilian authority over the military. They shall at all times uphold the Constitution and put
loyalty to country above loyalty to persons or party.chan robles virtual law library
(h) Simple living. — Public officials and employees and their families shall lead modest lives appropriate to
their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any
form.
(B) The Civil Service Commission shall adopt positive measures to promote (1) observance of these
standards including the dissemination of information programs and workshops authorizing merit increases
beyond regular progression steps, to a limited number of employees recognized by their office colleagues
to be outstanding in their observance of ethical standards; and (2) continuing research and
experimentation on measures which provide positive motivation to public officials and employees in
raising the general level of observance of these standards.
SECTION 5. Duties of Public Officials and Employees. — In the performance of their duties, all public
officials and employees are under obligation to:
(a) Act promptly on letters and requests. — All public officials and employees shall, within fifteen (15)
working days from receipt thereof, respond to letters, telegrams or other means of communications sent
by the public. The reply must contain the action taken on the request.
(b) Submit annual performance reports. — All heads or other responsible officers of offices and agencies of
the government and of government-owned or controlled corporations shall, within forty-five (45) working
days from the end of the year, render a performance report of the agency or office or corporation
concerned. Such report shall be open and available to the public within regular office hours.
(c) Process documents and papers expeditiously. — All official papers and documents must be processed
and completed within a reasonable time from the preparation thereof and must contain, as far as
practicable, not more than three (3) signatories therein. In the absence of duly authorized signatories, the
official next-in-rank or officer in charge shall sign for and in their behalf.
(d) Act immediately on the public's personal transactions. — All public officials and employees must attend
to anyone who wants to avail himself of the services of their offices and must, at all times, act promptly
and expeditiously.
(e) Make documents accessible to the public. — All public documents must be made accessible to, and
readily available for inspection by, the public within reasonable working hours.
SECTION 7. Prohibited Acts and Transactions. — In addition to acts and omissions of public officials and
employees now prescribed in the Constitution and existing laws, the following shall constitute prohibited
acts and transactions of any public official and employee and are hereby declared to be unlawful:
(a) Financial and material interest. — Public officials and employees shall not, directly or indirectly, have
any financial or material interest in any transaction requiring the approval of their office.
(b) Outside employment and other activities related thereto. — Public officials and employees during their
incumbency shall not:
16
Police Ethics and Values
(1) Own, control, manage or accept employment as officer, employee, consultant, counsel, broker,
agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office
unless expressly allowed by law;
(2) Engage in the private practice of their profession unless authorized by the Constitution or law,
provided, that such practice will not conflict or tend to conflict with their official functions; or
(3) Recommend any person to any position in a private enterprise which has a regular or pending
official transaction with their office.
These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or
separation from public office, except in the case of subparagraph (b) (2) above, but the professional
concerned cannot practice his profession in connection with any matter before the office he used to be
with, in which case the one-year prohibition shall likewise apply.
Public officials and employees shall not use or divulge, confidential or classified information officially
known to them by reason of their office and not made available to the public, either:
(d) Solicitation or acceptance of gifts. — Public officials and employees shall not solicit or accept, directly or
indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in
the course of their official duties or in connection with any operation being regulated by, or any
transaction which may be affected by the functions of their office.
(i) The acceptance and retention by a public official or employee of a gift of nominal value tendered
and received as a souvenir or mark of courtesy;
(ii) The acceptance by a public official or employee of a gift in the nature of a scholarship or
fellowship grant or medical treatment; or
(iii) The acceptance by a public official or employee of travel grants or expenses for travel taking
place entirely outside the Philippine (such as allowances, transportation, food, and lodging) of more
than nominal value if such acceptance is appropriate or consistent with the interests of the
Philippines, and permitted by the head of office, branch or agency to which he belongs.
The Ombudsman shall prescribe such regulations as may be necessary to carry out the purpose of this
subsection, including pertinent reporting and disclosure requirements.
Nothing in this Act shall be construed to restrict or prohibit any educational, scientific or cultural exchange
programs subject to national security requirements.
SECTION 9. Divestment. — A public official or employee shall avoid conflicts of interest at all times. When a
conflict of interest arises, he shall resign from his position in any private business enterprise within thirty
(30) days from his assumption of office and/or divest himself of his shareholdings or interest within sixty
(60) days from such assumption.
The same rule shall apply where the public official or employee is a partner in a partnership.
17
Police Ethics and Values
The requirement of divestment shall not apply to those who serve the Government in an honorary capacity
nor to laborers and casual or temporary workers.
SECTION 11. Penalties. — (a) Any public official or employee, regardless of whether or not he holds office
or employment in a casual, temporary, holdover, permanent or regular capacity, committing any violation
of this Act shall be punished with a fine not exceeding the equivalent of six (6) months' salary or
suspension not exceeding one (1) year, or removal depending on the gravity of the offense after due notice
and hearing by the appropriate body or agency. If the violation is punishable by a heavier penalty under
another law, he shall be prosecuted under the latter statute. Violations of Sections 7, 8 or 9 of this Act shall
be punishable with imprisonment not exceeding five (5) years, or a fine not exceeding five thousand pesos
(P5,000), or both, and, in the discretion of the court of competent jurisdiction, disqualification to hold
public office.
(b) Any violation hereof proven in a proper administrative proceeding shall be sufficient cause for removal
or dismissal of a public official or employee, even if no criminal prosecution is instituted against him.
(c) Private individuals who participate in conspiracy as co-principals, accomplices or accessories, with
public officials or employees, in violation of this Act, shall be subject to the same penal liabilities as the
public officials or employees and shall be tried jointly with them.
(d) The official or employee concerned may bring an action against any person who obtains or uses a
report for any purpose prohibited by Section 8 (D) of this Act. The Court in which such action is brought
may assess against such person a penalty in any amount not to exceed twenty-five thousand pesos
(P25,000). If another sanction hereunder or under any other law is heavier, the latter shall apply.
UNIT 4
Ethical Issues in the Police
Police Corruption
The PNP is organized basically to answer the old police ethical problems during the PC-INP era
where news of corruption, bribery, political patronage and other crime related acts by many police officers
were very common. However, in spite of the new PNP, ethical issues still hounds the organization. This
could be attributed to the very nature of the job of the police which is law enforcement. To date,
numerous members of the PNP are still involved in unethical practices. These corrupt police officers
worsen the image of the police and adversely affect the police community relations of the PNP.
Police corruption has many definitions. Herman Goldstein defines it as acts involving the misuse of
authority by a police officer in a manner designed to produce personal gain for him or others. Frederick A.
Elliston and Michael Feldberg define corruption as the acceptance of money or the equivalent of money by
a public official for doing something he or she is under the duty to do anyway, that he or she is under a
duty not to do, or to exercise legitimate discretion for improper use.
For a corrupt act to occur, three distinct elements of police corruption must be present
simultaneously:
1. Misuse of authority
2. Misuse of official capacity
3. Misuse of personal attainment
The external corruption generally consists of one or more of the following activities:
18
Police Ethics and Values
1. Payoffs to police by essentially non-criminal elements who fail to comply with stringent statutes or
city ordinances.
2. Payoffs to police by individuals who continually violate the law as a method of making money.
3. Clean Graft where money is paid to police for services or where courtesy discounts are given as a
matter of course to the police.
Levels of Corruption
1. The first level is the rotten apples and rotten pockets, which holds that only one officer or a very
small group of officers in a department or precinct, is corrupt.
2. The second level of corruption that occurs in police departments is known as the pervasive
unorganized corruption. With this form of corruption, many officers within the department might
be engaging in corrupt actions, but they are not working together.
3. The final level of corruption occur when the entire police department is working together and
protecting each. This type of corruption is known as pervasive organized corruption.
Police Deviance
Police deviance is a much broader term than corruption. It includes all activities which are
inconsistent with norms, values or ethics.
19
Police Ethics and Values
Police Lying
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 I a
discreet operation.
2. Tolerated lying – are those which are recognized as lies but tolerated as necessary to explain
inadequacy or inefficiency of the police organization.
3. Deviant lying – this involves a lie that violates substantive or procedural laws and police office rules
and regulations.
4. Other classes of lying – police deception can also be classified into the following:
a. Police placebo – referred to as white lies
b. Blue lie – involves lying to a person to exert control.
20
Police Ethics and Values
CRIMES COMMITTED BY PUBLIC OFFICERS UNDER THE REVISED PENAL CODE OF THE PHILIPPINES
Chapter One
PRELIMINARY PROVISIONS
Art. 203. Who are public officers. — For the purpose of applying the provisions of this and the preceding
titles of this book, any person who, by direct provision of the law, popular election or appointment by
competent authority, shall take part in the performance of public functions in the Government of the
Philippine Islands, of shall perform in said Government or in any of its branches public duties as an
employee, agent or subordinate official, of any rank or class, shall be deemed to be a public officer.
Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICE
Section One. — Dereliction of duty
Art. 204. Knowingly rendering unjust judgment. — Any judge who shall knowingly render an unjust
judgment in any case submitted to him for decision, shall be punished by prision mayor and perpetual
absolute disqualification.
Art. 205. Judgment rendered through negligence. — Any judge who, by reason of inexcusable negligence
or ignorance shall render a manifestly unjust judgment in any case submitted to him for decision shall
be punished by arresto mayor and temporary special disqualification.
Art. 206. Unjust interlocutory order. — Any judge who shall knowingly render an unjust interlocutory
order or decree shall suffer the penalty of arresto mayor in its minimum period and suspension; but if
he shall have acted by reason of inexcusable negligence or ignorance and the interlocutory order or
decree be manifestly unjust, the penalty shall be suspension.
Art. 207. Malicious delay in the administration of justice. — The penalty of prision correccional in its
minimum period shall be imposed upon any judge guilty of malicious delay in the administration of
justice.
Art. 208. Prosecution of offenses; negligence and tolerance. — The penalty of prision correccional in its
minimum period and suspension shall be imposed upon any public officer, or officer of the law, who, in
dereliction of the duties of his office, shall maliciously refrain from instituting prosecution for the
punishment of violators of the law, or shall tolerate the commission of offenses.
Art. 209. Betrayal of trust by an attorney or solicitor. — Revelation of secrets. — In addition to the
proper administrative action, the penalty of prision correccional in its minimum period, or a fine ranging
from 200 to 1,000 pesos, or both, shall be imposed upon any attorney-at-law or solicitor ( procurador
judicial) who, by any malicious breach of professional duty or of inexcusable negligence or ignorance,
shall prejudice his client, or reveal any of the secrets of the latter learned by him in his professional
capacity.
The same penalty shall be imposed upon an attorney-at-law or solicitor (procurador judicial) who, having
undertaken the defense of a client or having received confidential information from said client in a case,
shall undertake the defense of the opposing party in the same case, without the consent of his first
client.
Section Two. — Bribery
21
Police Ethics and Values
Art. 210. Direct bribery. — Any public officer who shall agree to perform an act constituting a crime, in
connection with the performance of this official duties, in consideration of any offer, promise, gift or
present received by such officer, personally or through the mediation of another, shall suffer the
penalty of prision mayor in its medium and maximum periods and a fine [of not less than the value of
the gift and] not less than three times the value of the gift in addition to the penalty corresponding to
the crime agreed upon, if the same shall have been committed.
If the gift was accepted by the officer in consideration of the execution of an act which does not
constitute a crime, and the officer executed said act, he shall suffer the same penalty provided in the
preceding paragraph; and if said act shall not have been accomplished, the officer shall suffer the
penalties of prision correccional, in its medium period and a fine of not less than twice the value of such
gift.
If the object for which the gift was received or promised was to make the public officer refrain from
doing something which it was his official duty to do, he shall suffer the penalties of prision correccional
in its maximum period and a fine [of not less than the value of the gift and] not less than three times the
value of such gift.
In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the penalty of
special temporary disqualification.
The provisions contained in the preceding paragraphs shall be made applicable to assessors, arbitrators,
appraisal and claim commissioners, experts or any other persons performing public duties. (As
amended by Batas Pambansa Blg. 872, June 10, 1985).
Art. 211. Indirect bribery. — The penalties of prision correccional in its medium and maximum periods,
and public censure shall be imposed upon any public officer who shall accept gifts offered to him by
reason of his office. (As amended by Batas Pambansa Blg. 872, June 10, 1985).
Art. 212. Corruption of public officials. — The same penalties imposed upon the officer corrupted, except
those of disqualification and suspension, shall be imposed upon any person who shall have made the
offers or promises or given the gifts or presents as described in the preceding articles.
Chapter Three
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS
Art. 213. Frauds against the public treasury and similar offenses. — The penalty of prision correccional in
its medium period to prision mayor in its minimum period, or a fine ranging from 200 to 10,000 pesos,
or both, shall be imposed upon any public officer who:
1. In his official capacity, in dealing with any person with regard to furnishing supplies, the making of
contracts, or the adjustment or settlement of accounts relating to public property or funds, shall enter
into an agreement with any interested party or speculator or make use of any other scheme, to defraud
the Government;
2. Being entrusted with the collection of taxes, licenses, fees and other imposts, shall be guilty or any of
the following acts or omissions:
(a) Demanding, directly, or indirectly, the payment of sums different from or larger than those
authorized by law.
(b) Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by
him officially.
(c) Collecting or receiving, directly or indirectly, by way of payment or otherwise things or objects
of a nature different from that provided by law.
22
Police Ethics and Values
When the culprit is an officer or employee of the Bureau of Internal Revenue or the Bureau of Customs,
the provisions of the Administrative Code shall be applied.
Art. 214. Other frauds. — In addition to the penalties prescribed in the provisions of Chapter Six, Title
Ten, Book Two, of this Code, the penalty of temporary special disqualification in its maximum period to
perpetual special disqualification shall be imposed upon any public officer who, taking advantage of his
official position, shall commit any of the frauds or deceits enumerated in said provisions.
Art. 215. Prohibited transactions. — The penalty of prision correccional in its maximum period or a fine
ranging from 200 to 1,000 pesos, or both, shall be imposed upon any appointive public officer who,
during his incumbency, shall directly or indirectly become interested in any transaction of exchange or
speculation within the territory subject to his jurisdiction.
Art. 216. Possession of prohibited interest by a public officer. — The penalty of arresto mayor in its
medium period to prision correccional in its minimum period, or a fine ranging from 200 to 1,000 pesos,
or both, shall be imposed upon a public officer who directly or indirectly, shall become interested in
any contract or business in which it is his official duty to intervene.
This provisions is applicable to experts, arbitrators and private accountants who, in like manner, shall
take part in any contract or transaction connected with the estate or property in appraisal, distribution
or adjudication of which they shall have acted, and to the guardians and executors with respect to the
property belonging to their wards or estate.
Chapter Four
MALVERSATION OF PUBLIC FUNDS OR PROPERTY
Art. 217. Malversation of public funds or property; Presumption of malversation. — Any public officer
who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate
the same or shall take or misappropriate or shall consent, through abandonment or negligence, shall
permit any other person to take such public funds, or property, wholly or partially, or shall otherwise
be guilty of the misappropriation or malversation of such funds or property, shall suffer:
1. The penalty of prision correccional in its medium and maximum periods, if the amount
involved in the misappropriation or malversation does not exceed two hundred pesos.
2. The penalty of prision mayor in its minimum and medium periods, if the amount involved is
more than two hundred pesos but does not exceed six thousand pesos.
3. The penalty of prision mayor in its maximum period to reclusion temporal in its minimum
period, if the amount involved is more than six thousand pesos but is less than twelve thousand pesos.
4. The penalty of reclusion temporal, in its medium and maximum periods, if the amount
involved is more than twelve thousand pesos but is less than twenty-two thousand pesos. If the amount
exceeds the latter, the penalty shall be reclusion temporal in its maximum period to reclusion perpetua.
In all cases, persons guilty of malversation shall also suffer the penalty of perpetual special
disqualification and a fine equal to the amount of the funds malversed or equal to the total value of the
property embezzled.
The failure of a public officer to have duly forthcoming any public funds or property with which he is
chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put
such missing funds or property to personal use. (As amended by RA 1060).
Art. 218. Failure of accountable officer to render accounts. — Any public officer, whether in the service
or separated therefrom by resignation or any other cause, who is required by law or regulation to
23
Police Ethics and Values
render account to the Insular Auditor, or to a provincial auditor and who fails to do so for a period of
two months after such accounts should be rendered, shall be punished by prision correccional in its
minimum period, or by a fine ranging from 200 to 6,000 pesos, or both.
Art. 219. Failure of a responsible public officer to render accounts before leaving the country. — Any
public officer who unlawfully leaves or attempts to leave the Philippine Islands without securing a
certificate from the Insular Auditor showing that his accounts have been finally settled, shall be
punished by arresto mayor, or a fine ranging from 200 to 1,000 pesos or both.
Art. 220. Illegal use of public funds or property. — Any public officer who shall apply any public fund or
property under his administration to any public use other than for which such fund or property were
appropriated by law or ordinance shall suffer the penalty of prision correccional in its minimum period
or a fine ranging from one-half to the total of the sum misapplied, if by reason of such misapplication,
any damages or embarrassment shall have resulted to the public service. In either case, the offender
shall also suffer the penalty of temporary special disqualification.
If no damage or embarrassment to the public service has resulted, the penalty shall be a fine from 5 to
50 per cent of the sum misapplied.
Art. 221. Failure to make delivery of public funds or property. — Any public officer under obligation to
make payment from Government funds in his possession, who shall fail to make such payment, shall be
punished by arresto mayor and a fine from 5 to 25 per cent of the sum which he failed to pay. This
provision shall apply to any public officer who, being ordered by competent authority to deliver any
property in his custody or under his administration, shall refuse to make such delivery. The fine shall be
graduated in such case by the value of the thing, provided that it shall not less than 50 pesos.
Art. 222. Officers included in the preceding provisions. — The provisions of this chapter shall apply to
private individuals who in any capacity whatever, have charge of any insular, provincial or municipal
funds, revenues, or property and to any administrator or depository of funds or property attached,
seized or deposited by public authority, even if such property belongs to a private individual.
Chapter Five
INFIDELITY OF PUBLIC OFFICERS
Section One. — Infidelity in the custody of prisoners
Art. 223. Conniving with or consenting to evasion. — Any public officer who shall consent to the escape
of a prisoner in his custody or charge, shall be punished:
1. By prision correccional in its medium and maximum periods and temporary special disqualification in
its maximum period to perpetual special disqualification, if the fugitive shall have been sentenced by
final judgment to any penalty.
2. By prision correccional in its minimum period and temporary special disqualification, in case the
fugitive shall not have been finally convicted but only held as a detention prisoner for any crime or
violation of law or municipal ordinance.
Art. 224. Evasion through negligence. — If the evasion of the prisoner shall have taken place through the
negligence of the officer charged with the conveyance or custody of the escaping prisoner, said officer
shall suffer the penalties of arresto mayor in its maximum period to prision correccional in its minimum
period and temporary special disqualification.
Art. 225. Escape of prisoner under the custody of a person not a public officer. — Any private person to
whom the conveyance or custody or a prisoner or person under arrest shall have been confided, who
shall commit any of the offenses mentioned in the two preceding articles, shall suffer the penalty next
lower in degree than that prescribed for the public officer.
24
Police Ethics and Values
Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS
Art. 231. Open disobedience. — Any judicial or executive officer who shall openly refuse to execute the
judgment, decision or order of any superior authority made within the scope of the jurisdiction of the
latter and issued with all the legal formalities, shall suffer the penalties of arresto mayor in its medium
period to prision correccional in its minimum period, temporary special disqualification in its maximum
period and a fine not exceeding 1,000 pesos.
Art. 232. Disobedience to order of superior officers, when said order was suspended by inferior officer. —
Any public officer who, having for any reason suspended the execution of the orders of his superiors,
shall disobey such superiors after the latter have disapproved the suspension, shall suffer the penalties
of prision correccional in its minimum and medium periods and perpetual special disqualification.
Art. 233. Refusal of assistance. — The penalties of arresto mayor in its medium period to prision
correccional in its minimum period, perpetual special disqualification and a fine not exceeding 1,000
pesos, shall be imposed upon a public officer who, upon demand from competent authority, shall fail to
lend his cooperation towards the administration of justice or other public service, if such failure shall
25
Police Ethics and Values
result in serious damage to the public interest, or to a third party; otherwise, arresto mayor in its
medium and maximum periods and a fine not exceeding 500 pesos shall be imposed.
Art. 234. Refusal to discharge elective office. — The penalty of arresto mayor or a fine not exceeding
1,000 pesos, or both, shall be imposed upon any person who, having been elected by popular election
to a public office, shall refuse without legal motive to be sworn in or to discharge the duties of said
office.
Art. 235. Maltreatment of prisoners. — The penalty of arresto mayor in its medium period to prision
correccional in its minimum period, in addition to his liability for the physical injuries or damage
caused, shall be imposed upon any public officer or employee who shall overdo himself in the
correction or handling of a prisoner or detention prisoner under his charge, by the imposition of
punishment not authorized by the regulations, or by inflicting such punishment in a cruel and
humiliating manner.
If the purpose of the maltreatment is to extort a confession, or to obtain some information from the
prisoner, the offender shall be punished by prision correccional in its minimum period, temporary
special disqualification and a fine not exceeding 500 pesos, in addition to his liability for the physical
injuries or damage caused.
26
Police Ethics and Values
exercise of their powers, shall suffer the penalty of arresto mayor in its medium period to prision
correccional in its minimum period.
Art. 241. Usurpation of judicial functions. — The penalty of arresto mayor in its medium period to prision
correccional in its minimum period and shall be imposed upon any officer of the executive branch of
the Government who shall assume judicial powers or shall obstruct the execution of any order or
decision rendered by any judge within its jurisdiction.
Art. 242. Disobeying request for disqualification. — Any public officer who, before the question of
jurisdiction is decided, shall continue any proceeding after having been lawfully required to refrain
from so doing, shall be punished by arresto mayor and a fine not exceeding 500 pesos.
Art. 243. Orders or requests by executive officers to any judicial authority. — Any executive officer who
shall address any order or suggestion to any judicial authority with respect to any case or business
coming within the exclusive jurisdiction of the courts of justice shall suffer the penalty of arresto mayor
and a fine not exceeding 500 pesos.
Art. 244. Unlawful appointments. — Any public officer who shall knowingly nominate or appoint to any
public office any person lacking the legal qualifications therefor, shall suffer the penalty of arresto
mayor and a fine not exceeding 1,000 pesos.
UNIT 5
POLICE COMMUNITY RELATIONS
The Concept of PCR
The PCR concept of the PNP is anchored mainly on doing good and telling people about it. Doing
good, means the delivery of the necessary police service to the community and is a joint responsibility of
all directorate of the command. Telling people about it is simply the proper projection of the command
before the public and is basically a PCR responsibility.
27
Police Ethics and Values
a. A police should be courteous, fair and quick to assist individuals in the solution of their
problems.
4. Community must be kept informed
a. The police should inform the community of the regulations and policies of the police force
and the reasons of their adoption.
Public Relation
A program designed to make the public aware of what the agency is doing, why is it doing, and how
it contributes to the welfare of the community. PR are basically founded on the golden rule: Do not do
unto others what you do not want others do unto you.
28
Police Ethics and Values
information with regards to the PCR programs being implemented by the said police station. Afterwards,
you present it on class. (100 points)
29