TOPIC VII.

Code of Conduct and Ethical Standards for Public Officials and Employees

a. Norms of conduct of public officials and employees

b. System of incentives and rewards
c. Prohibited acts and transactions
d. Review and compliance procedure
e. Penalties
f. Law enforcement code of ethics
g. The usefulness of a code of ethics
h. The law enforcement oath of office
i. Police principle

At the end of the session, students are expected to:

 Discuss the fundamental principles of ethics and integrity as they relate to public service.
 Identify the key provisions and components of the Code of Conduct and Ethical Standards for
Public Officials and Employees.
 Apply ethical principles and standards in the public service to practical situations through
role-playing exercises, simulations, or group projects.

Code of Conduct and Ethical Standards for Public Officials and Employees
(Republic Act No. 6713- February 20, 1989)

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

This Act shall be known as the “Code of Conduct and Ethical Standards for Public Officials and
Employees.”

It is the policy of the State to promote a high standard of ethics in public service. Public officials
and employees shall at all times be accountable to the people and shall discharge their duties
with utmost responsibility, integrity, competence, and loyalty, act with patriotism and justice, lead
modest lives, and uphold public interest over personal interest.

Definition of Terms- As used in this Act, the term:

1. “Government” includes the National Government, the local governments, and all other
instrumentalities, agencies or branches of the Republic of the Philippines including
government-owned controlled corporations, and their subsidiaries.
2. “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.
3. “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 or, in exchange for, a favor from a
public official or employee.
4. “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 no insignificant, or the gift is given in anticipation of, or in exchange for, a favor.
5. “Loan” covers both simple loan and commodatum as well as guarantees, financing
arrangements or accommodations intended to ensure its approval.
6. “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.
7. “Family of public officials or employees” means their spouses and unmarried children under
eighteen (18) years of age.
8. “Person” includes natural and juridical persons unless the context indicates otherwise.

9. “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.

10. “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

11. “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.

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:
1. 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.
2. 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.
3. 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.
4. Political neutrality- Public officials and employees shall provide service to everyone without
unfair discrimination and regardless of party affiliation or preference.
5. 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.
6. 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.
7. 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.
8. 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.

SECTION 5. Duties of Public Officials and Employees- In the performance of their duties, all public
officials and employees are under obligation to:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.

System of Incentives and Rewards

A system of annual incentives and rewards is hereby established in order to motivate and inspire
public servants to uphold the highest standards of ethics.

A Committee on Awards to Outstanding Public Officials and Employees is hereby created

composed of the following:

1. Ombudsman and Chairman of the Civil Service Commission as Co-Chairmen.

2. Chairman of the Commission on Audit, and two government employees to be appointed
by the President, as members.

It shall be the task of this Committee to conduct a periodic, continuing review of the performance
of public officials and employees, in all the branches and agencies of Government and establish
a system of annual incentives and rewards to the end that due recognition is given to public
officials and employees of outstanding merit on the basis of the standards set forth in this Act.

The conferment of awards shall take into account, among other things, the following:

1. Years of service and the quality and consistency of performance, the obscurity of the
position
2. Level of salary
3. Unique and exemplary quality of a certain achievement
4. Risks or temptations inherent in the work

Incentives and rewards to government officials and employees of the year to be announced in
public ceremonies honoring them may take the form of bonuses, citations, directorships in
government-owned or controlled corporations, local and foreign scholarship grants, paid
vacations and the like.

They shall likewise be automatically promoted to the next higher position with the commensurate
salary suitable to their qualifications. In case there is no next higher position or it is not vacant, said
position shall be included in the budget of the office in the next General Appropriations Act. The
Committee of Awards shall adopt its own rules to govern the conduct of its activities.

SEC. 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:

1. 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.
2. Outside employment and other activities related thereto- public officials and employees
during their incumbency shall not:
(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.

3. Disclosure and/or misuse of confidential information- 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:
(1) To further their private interests, or give undue advantage to anyone; or
(2) To prejudice the public interest.
4. 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.

As to gifts or grants from foreign governments, the Congress consents to:

(1) 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;
(2) The acceptance by a public official or employee of a gift in the nature of a scholarship or
fellowship grant or medical treatment; or
(3) 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.

SEC. 8 Statements and Disclosure- Public officials and employees have an obligation to
accomplish and submit declarations under oath of, and the public has the right to know, their
assets, liabilities, net worth and financial and business interests including those of their spouses and
of unmarried children under eighteen (18) years of age living in their households.

(A) Statements of Assets and Liabilities and Financial Disclosure- All public officials and
employees, except those who serve in an honorary capacity, laborers and casual or
temporary workers, shall file under oath their Statement of Assets, Liabilities and Net Worth
and a Disclosure of Business Interests and Financial Connections and those of their spouses
and unmarried children under eighteen (18) years of age living in their households.

The two documents shall contain information on the following:

(1) Real property, its improvements, acquisition costs, assessed value and current fair market
value
(2) Personal property and acquisition cost
(3) All other assets such as investments, cash on hand or in banks, stocks, bonds, and the like
(4) Liabilities
(5) All business interests and financial connections

The documents must be filed:

(1) Within thirty (30) days after assumption of office;

(2) On or before April 30, of every year thereafter; and
(3) Within thirty (30) days after separation from the service.
All public officials and employees required under this section to file the afore-stated documents
shall also execute, within thirty (30) days from the date of their assumption of office, the necessary
authority in favor of the Ombudsman to obtain from all appropriate government agencies,
including the Bureau of Internal Revenue, such documents as may show their assets, liabilities, net
worth, and also their business interests and financial connections I previous years, including, if
possible, the year when they first assumed any office in the Government.

Husband and wife who are both public officials and employees may file the required statements
jointly or separately.

The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business Interests and
Financial Connections shall be filed by:

(1) Constitutional and national elective officials, with the national office of the Ombudsman;
(2) Senators and Congressmen, with the Secretaries of the Senate and the House of
Representatives, respectively; Justices, with the Clerk of Court of the Supreme Court; Judges,
with the Court Administrator; and all national executive officials with the Office of the
President.
(3) Regional and local officials and employees, with the Deputy Ombudsman in their respective
regions;
(4) Officers of the armed forces from the rank of colonel or naval captain, with the Office of the
President, and those below said ranks, with the Deputy Ombudsman in their respective
regions; and
(5) All other public officials and employees, defined in Republic Act No. 3019, as amended,
with the Civil Service Commission.
(B) Identification and disclosure of relatives- it shall be the duty of every public official or
employee to identify and disclose, to the best of his knowledge and information, his relatives
in the Government in the form, manner and frequency prescribed by the Civil Service
Commission.
(C) Accessibility of documents-
(1) Any and all statements filed under this Act, shall be made available for inspection at
reasonable hours.
(2) Such statements shall be made available for copying or reproduction after ten (10) working
days from the time they are filed as required by law.
(3) Any person requesting a copy of a statement shall be required to pay a reasonable fee to
cover the cost of reproduction and mailing of such statement, as well as the cost of
certification.
(4) Any statement filed under this Act shall be available to the public for a period of ten (10)
years after receipt of the statement. After such period, the statement maybe destroyed
unless needed in an ongoing investigation.
(D) Prohibited acts- it shall be unlawful for any person to obtain or use any statement filed under
this Act for:
(a) Any purpose contrary to morals or public policy; or
(b) Any commercial purpose other than by news and communications media for dissemination
to the general public.

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. 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.

Review and Compliance Procedure

(a) The designated Committees of both Houses of the Congress shall establish procedures for
the review of statements to determine whether said statements which have been submitted
on time, are complete, and are in proper form. In the event a determination is made that a
statement is not so filed, the appropriate Committee shall so inform the reporting individual
and direct him to take the necessary corrective action.
 (b) In order to carry out their responsibilities under this Act, the designated Committees of both
Houses of Congress shall have the power within their respective jurisdictions, to render any
opinion interpreting this Act, in writing, to persons covered by this Act, subject in each
instance to the approval by affirmative vote of the majority of the particular House
concerned.
The individual to whom an opinion is rendered, and any other individual involved in a similar
factual situation, and who, after issuance of the opinion acts in good faith in accordance
with it shall not be subject to any sanction provided in this Act.

(c ) The heads of other officers shall perform the duties stated in subsections (a) and (b) hereof
insofar as their respective offices are concerned, subject to the approval of the Secretary of
Justice, in the cases of the Executive Department and the Chief Justice of the Supreme Court, in
the case of the Judicial Department.

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) month’s 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.

Promulgation of Rules and Regulations, Administration and Enforcement of this Act

The Civil Service Commission shall have the primary responsibility for the administration and
enforcement of this Act. It shall transmit all cases for prosecution arising from violations of this Act
to the proper authorities for appropriate action: Provided, however, That it may institute such
administrative actions and disciplinary measures as may be warranted in accordance with law.
Nothing in this provision shall be construed as a deprivation of the right of each House of Congress
to discipline its Members for disorderly behavior.

The Civil Service Commission is hereby authorized to promulgate rules and regulations necessary
to carry out the provisions of this Act, including guidelines for individuals who render free voluntary
service to the Government. The Ombudsman shall likewise take steps to protect citizens who
denounce acts or omissions of public officials and employees which are in violation of this Act.

Provisions for More Stringent Standards- Nothing in this Act shall be construed to derogate from any
law, or any regulation prescribed by anybody or agency, which provides for more stringent
standards for its official and employees.

LAW ENFORCEMENT CODE OF ETHICS

The Law Enforcement Code of Ethics is such a guide. If one really studies this code, it will soon
become evident that adhering to it presents no easy task, for it involves mastering one’s own
human nature, and this is never an easy goal to attain. Any one reading the Law Enforcement
Code of Ethics will agree with its basic message, and they will accept its basic context as being
commensurate with professional standards. Although the Code of Ethics was introduced in 1954, it
is not a new concept to the field of law enforcement. Sir Robert Peel of England Metropolitan Police
in 1829 introduced the following Principles which might be considered as a version of Code of
Ethics:

1. It should be understood at outset, the principle object to be obtained is the prevention of

crime.
2. Great and every effort of the police is to be directed. The security of the persons and
property and the preservation of a police establishment will thus be better effective than by
the detection and punishment of the offender after he has succeeded in committing crime.
3. The constable will be civil and obliging to all people of every rank and class.
4. The constable must be particularly cautious not to interfere idly or unnecessarily in order to
make a display of his authority.
5. When required to act, he will do so with decision and boldness.
6. On all occasions he may exploit to receive in the fullest support in the proper exercise of his
authority.
7. He must remember that there is no qualification so indispensable as a perfect command of
temper.
8. He shall never suffer himself to be moved in the slightest degree by any language or threats
that maybe used.
9. If he do his duty in a quiet and determined manner, such conduct will probably excite the
well-disposed of the bystanders to assist him if he requires them.
10. Particular care is to be taken that the constables of the police do not form false notions of
their duties and powers.

Sir Robert Peel is considered the “father” of law enforcement

Are his principles of policing still applicable today?

Absolutely!

Sir Robert Peel’s Nine Principles of Policing:

1. The basic mission for which the police exist is to prevent crime and disorder.
2. The ability of the police to perform their duties is dependent upon public approval of police
actions.
3. Police must secure the willing cooperation of the public in voluntary observance of the law
to be able to secure and maintain the respect of the public.
4. The degree of cooperation of the public that can be secured diminishes proportionally to
the necessity of the use of force.
5. Police seek and preserve public favor not by catering to public opinion but by constantly
demonstrating absolute impartial service to the law.
6. Police use physical force to the extent necessary to secure observance of the law or to
restore order only when the expertise of persuasion, advice and warning is found to be
insufficient.
7. Police at all-time should maintain a relationship with the public that gives reality to the
historic tradition; the police are public and the public are the police. The police being only
full-time individuals charged with the duties that are incumbent on all of the citizens.
8. Police should always direct their actions strictly towards their functions and never appear to
usurp the powers of the judiciary.
9. The test of police efficiency is the absence of crime and disorder, not the visible evidence
of police action in dealing with it.

THE USEFULNESS OF A CODE OF ETHICS

Codes are like firearms; they have their value and they have their dangers. One of the more
interesting questions to ask is why police created a code of ethics in the first place. It maybe that
codes contain historically important clues to the contextual mandates for policing, but more often
than not, they represent aspirations toward the future without any clear directions for how to get
from one place (the past) to another (the future).

The police code (illustrated below) is designed to be like an oath of office, and the effectiveness
of making someone say “I will…” over and over again is debatable.
Originally this code was developed by the California Peace Officer’s Association and later was
adopted by the International Association of Chiefs of Police in 1957.

In short, the code of ethics requires that officers are not only prepared to enforce the law but to
follow it. They are called to be examples to the public and to demonstrate the right way to behave,
rather than the entitlement mentality they are so often accused of exhibiting.

Within an agency’s code of ethics are specific provisions promoting the safeguarding of lives and
property, the importance of avoiding bias and the understanding that the badge is a symbol of
the public trust.

LAW ENFORCEMENT CODE OF ETHICS

NOTE:
a. read your notes for the entire explanation of this Code of Ethics
b. MEMORIZE the Law Enforcement Code of Ethics and be ready anytime to recite this
during our class)

As a law enforcement officer, my fundamental duty is to serve mankind; to safeguard life and
property, to protect the innocent against deception, weak against oppression or intimidation and
the peaceful against violence or disorder; and to respect the constitutional right of all men, liberty,
equality and justice.

I will keep my private life unsullied as an example to all maintain courageous calm in the face of
danger, scorn or ridicule; develop self-restraint and be constantly mindful of the welfare of the
others. Honest in thought and deed in both my personal and official life. I will be exemplary in
obeying the laws of the land and regulations of my organization. Whatever I see or hear of a
confidential nature or that is confided to me in my official capacity will be kept ever secret unless
revelation is necessary in the performance of my duty.

I will never act officiously or permit personal feelings, prejudices, animosities or friendship to
influence my decision: with no compromise for crime and with relentless prosecution of criminals, I
will enforce the law courteously and appropriately without fear of favor, malice or ill-will, never
employing unnecessary force or violence and never accepting gratuities in return.

I recognize the badge of my offices as a symbol of public faith and I accept it as a public trust to
be held so long as I am true to the ethics of police service. I will never engage in acts of corruption
or bribery, not will condone such act by other police officers. I will cooperate with all legally
authorized agencies and their representatives in the pursuit of justice.

I know that I alone is responsible for my own standard or professional performance and will take
every reasonable opportunity to enhance and improve my level of knowledge and competence.
I will constantly strive to achieve these objectives and ideals, dedicating myself before God and
my chosen profession- Law Enforcement.

“AS A LAW ENFORCEMENT OFFICER, MY FUNDAMENTAL DUTY IS TO SERVE MANKIND”

The gist of this passage contained in two words, “duty” and “service”. Too often we forget that
enforcement is not just a job for which we are hired as one would hire a laborer. It involves a sworn
duty. Some progressive police department now require that its officers reaffirm their oath each
year in an effort to drive home the message that is contained in his sworn oath, and to again
remind the officer of the essential relationship between his job and the free society in which he
lives.

The word “serve” denotes the denial of one’s own pleasures and desire for the good of the person
or person to be served. Service involves dedication and sacrifice of the giving of one’s self. These
are words that many find hard to swallow in his present day and age but the job of professional
law enforcement requires a special breed of man.

Professional law enforcement has no place for the officer whose philosophy of life is “what is if for
me?” In our present “awakened” society the crooked or dishonest law enforcement officers is
finding it increasingly more difficult to really profit from his job in a material way. He is rapidly
becoming as out-of-place as a horse and buggy on a modern freeway.
“TO SAFEGUARD LIVES AND PROPERY: TO PROTECT THE INNOCENT AGAINST DECEPTION, THE WEAK
AGAINST OPPRESSION OR INTIMIDATION: AND THE PEACEFUL AGAINST VIOLENCE OR DISORDER”

We must, however, understand some of the limitations that are present in a truly democratic
society. In such a society as ours, this task can often be a difficult one, because protecting the
rights of the individual means also protecting the rights of the criminal. This is sometimes a hard pill
for law enforcement officers to swallow.

Because of this, some officers stray politically to the far right in an effort to either seek a system
where their job would be made easier, or to better protect the society that they have sworn to
serve. It is easy for an officer to become bitter when he has continually witnessed the ends of justice
thwarted by red tape politics and technicalities of the law. The more truly idealistic he is, the more
frustrated he can become, especially if he lacks a philosophy or understanding of his true purpose
in the society which he serves. Why must the idealistic officer suffer so? When a good carpenter
does his best, in building a fine house, on that can be seen and admire at all, he can stand back
and look at his job with felling of accomplished and satisfaction. The same applies to an artist or
anyone in the skilled trades. Why not, then the policeman? Why must be a good policeman, who
work hard for the ends of justice, see the products of his work often crumble at his feet?

The answer is both simple and complicated. It is simple I that the policeman, unlike the tradesman,
works not with objects, but with people.

It is complicated in that the most unpredictable of all commodities, with which a person can work,
is man himself. It is thee policeman’s relationship with people that necessities that law enforcement
becomes a profession.

There is a lesson to be learned from the legions of officers before us who have suffered so greatly
from broken spirits. The lesson is that our satisfaction in law enforcement must come from doing our
job to the best of our abilities, and not be dependent upon the final outcome of our cases.

“TO RESPECT THE CONSTITUTIONAL RIGHTS OF ALL MEN TO LIBERTY EQUALLY AND JUSTICE”

Respecting the rights of others is not one of man’s natural qualities. It seems to be a part of his
nature of suspect and persecute those who are in any different from himself. There is no perfect
justice on this earth, nor is he himself perfect. Still we must strive for a form of justice that represents
our ultimate capability. Involves not only great on the part of every-person in the community, but
individual sacrifice at well.

One of the greatest areas of fault among police officers generally, is not so much a prejudice
against the criminal. For example, an officer soon learns from experience that a certain group of
person is often responsible for the majority of the crimes committed such an offense. Such a
prejudice could led to the faulty conclusion that he is the guilty person. This soon leads to a general
feeling of prejudice against all those who have been convicted a prior offenses, and an almost
subconscious refusal to accord them the same rights that the Constitution provides for all persons.

Our present laws are such that they provide as fair a deal as is humanly attainable to all persons
subject to that law. Many officers feel that our system of jurisprudence is too lenient, and helps the
criminal at the expense of society as a whole in many cases this is true. One alternative to this would
be to have law for “good” citizens, any another for “criminals”. The problem is one who is to decide
which person comes under which category. Prior convictions alone cannot be used for
qualification. To allow soon change our form of government into a totalitarian system.

Another alternative would be a “protective” society in which the people would be accorded a
high degree of protection, but in return would have few personal rights. This would be the old
Roman philosophy of “Salus Populi est Suprema Lex” (The Safety of the People is the Supreme Law)
Personal rights and public protection are on opposite ends of a fixed scale. If we increase one, we
decrease the other. When our society is threatened by a state of emergency, one of the first steps
in protection is restriction. This is usually in the form of a curfew. If one is allowed on the property of
another and protection is afforded to them. However, such conditions are conditions are certainly
not very conducive to a free democratic society.

“I WILL KEEP MY PRIVATE LIFE UNSULLED AS AN EXAMPLE TO ALL”

One of the first things that a law enforcement officer must learn is that he has no private life. Every
citizen should be entitled to his own private life yet when a person accepts the calling of law
enforcement, as a voluntary measure, he must be willing to often his privacy as a sacrifice to the
good of the community which he serves. If a law enforcement officer could hide from his neighbors
the fact he is a policeman, then his private life could be his own. This, however, is impossible. If a
policeman has a family, his occupation, will become known in the neighborhood within a few days
at the most. If he is single, and keeps to himself, he may keep the secret a little longer but if he is
engaged in active law enforcement within his community, it is inevitable that his neighbors will
become aware of it. Once this is known, he will become the object of constant observation.

Many will be watching the officer, hoping to observe some irregularity that will further justify their
negative feeling toward “cops”. Others will watch in hopes of catching the officer committing
some traffic violation so that they can accuse him and all policeman in general of hypocrisy. This
will help justify her own misdeeds concerning traffic violations for which they feel they were unjustly
given tickets.

Another great danger in this area is that of the officer’s personnel morals. An officer spends a great
deal of time dealing with moral degenerates and persons of little conscience. If he is not constantly
on guard, these people can have a negative influence on him. Female offender and female
friends of offenders are often willing to offer their bodies to police officers in hopes of receiving
some leniency should they or their friends be arrested. Since most police officers work nights, they
come in contact with women who also work nights, such as car hops café waitresses, bar maids,
theater usherettes and similar occupation of being promiscuous and it is very easy for a law
enforcement officer to succumb to these temptations. This can lead to both moral degradation
and blackmail, which can have a negative effect in the struggle for professional recognition. It is
easy to rationalize and justly transgressions of this nature as just giving vent to natural drives, but
these actions to in fact generate moral decay and endanger the officer’s family. The citizens of a
community are very alert to transgressions of a moral nature, and they will quickly withdraw their
needed support of any law enforcement agency in which the selfish desires of its officers betray
their professional calling.

“MAINTAIN COURAGEOUS CALM IN THE FACE OF DANGER, SCORN OR RIDICULE AND DEVELOP SELF
RESTRAIN”

Most officers are prepared to face to face physical danger and the public expect it. This due to
the fact that when most people think of high speed chases with guns blazing and similar situations
in which the officer’s life is in constant danger.

Fortunately, the aforementioned danger amounts to but a small fraction of the officer’s work
routine. The threat for which he is not prepared and on which can affect him greatly, is public scorn
or ridicule. There is no doubt that some officers have taken the job because of need for the power
of an authoritative position. It comes as quite shock to theme that the badge, uniform and gun
mean very little unless there is a man behind theme. Respect must be earned. It cannot be bought
with a badge and a uniform.

In a democracy a police officer is a public officer and as such is a servant to the community.
Instead of being above reproach or ridicule, he must expect to receive his position, as part of his
job. It is not easy to control one’s temper when being subjected to unnecessary and unjustified
scorn or ridicule. Punching the perpetrator in the mouth will hurt him physically, but psychologically
he will sense victory in that he knows that he “got to the officer”. Nothing will hurt him more than
being ignored. Through practice, even the officer with a wild temper can learn to control it. For the
professional law enforcement officer it is “must”. When subjected to scorn and ridicule, it often
helps just to consider the source.

“WHATEVER I SEE OR HEAR OF A CONFIDENTIAL NATURE OR THAT IS CONFIDED TO ME IN MY OFFICIAL

CAPACITY WILL BE KEPT SECRET UNLESS REVELATION IS NECESSARY IN THE PERFORMANCE OF MY
DUTY”

Some officers feel that there is a difference in that the information obtained by the doctor and
attorney is freely given with the understanding that it will be confidential whereas the information
obtained as part the law enforcement officer can be the result of many sources or forms of
investigation.

This information should never leave the department or the person retaining it unless it is in the
interest of justice. An officer should even be careful not to reveal information to his wife. An officer’s
wife is often very tempted to reveal information of a confidential nature to neighbor women in an
effort to show her neighbors the importance of her husband’s job, and to gain status in the eyes of
the neighbor’s women.

“I WILL NEVER PERMIT PERSONAL FEELINGS, PREJUDICE, ANIMOSITIES OR FRIENSHIPS TO INFLUENCE

MY DECISIONS”

It is quite difficult to know which desire is strongest in some persons, to help our friends or to hurt our
enemies. Both desires are part of our human nature. Helping our friends can be very good thing in
self, but then it involves an inequity in the administration of justice we are defiling the oath we made
to the community in which we serve. In police work, there is ample opportunity to both hurt enemies
and help friends, and it takes a person of strong character to properly perform his duties under
these circumstances. Without professional convictions, this can be impossible.

“I WILL NEVER ACT OFFICIOUSLY”

One of the faults that is common to new officers is that they often act officiously. They appear to
the public to be over-impressed with their own importance. In a way this is natural because it is
associated with pride and a new officer is usually very proud when he first puts on his uniform and
badge. He should rightly be proud for this is a noble undertaking. However, a law enforcement
officer must always guard against having this pride misinterpreted by the public as being merely
officious.

In most cases of apparent officiousness it is simply a matter of the officer not knowing how to act.
Most police academes greatly neglect the area of teaching officers how to act, or how to play
the role that is expected of him. There are so many facts that have to be poured into the recruit’s
head, that it leaves little time for role playing.

The majority of the people who make contact with a law enforcement officer during his hour of
duly are not criminals. The majority of the persons receiving tickets from an officer are normally law
abiding, upright citizens of the community, and they are usually embarrassed enough by being
caught in a traffic violation without being talked down to or treated like a criminal. Judges often
report that a common reason for a person appearing in traffic court as not so much to contest the
facts of the offense as it is to complain about the demeanor of the officer issuing the citations.

“WITH NO COMPROMISE FOR CRIME AND WITH RELENTLESS PROSECUTION OF CRIMINALS I WILL
ENFORCE THE LAW COURTEOUSLY AND APPROPRIATELY WITHOUTFEAR OR FAVOR, MALICE OR ILL
WILL”

The term “with nor compromise for crime” means that crime will not be knowing permitted. It does
not mean that the officer must perform his duties to the “letter of the law” without taking into
consideration the “spirit of the law”. If the Code of Ethics will be examined, nothing will be found in
it to the effect than an officer must obtain conviction and send people to prison for long periods
of time. It does state, however, that he must do the best of which he is capable, and that his actions
must in themselves be ethical. No man can predict or guarantee the final results of any action.
Only God can do this, Man can only be responsible for his immediate actions. If an officers does a
good job and the criminal is released by the courts, the blame rests not upon him but upon the
courts, the jury or society itself.

The modern law enforcement officer has a new motto “Be firm but fair”. He does not have to be a
“theory bound” sociologist just because he treats criminals like human beings.

The modern law enforcement officer has a new motto “Be firm but fair” He does not have to be a
“theory bound” sociologist just because he treats criminals like human beings.

Our religious teachings stress the theme that we should hate sin but love man. This means that we
may hate crime but not the criminal. For some it is easy to hate the criminal, but in time they are
themselves consumed by the flame of this hatred. Some officers feel that their job is to punish, and
that in order to punish someone you must went your anger upon them. Our present system of
criminal justice assigns no duties of punishment to the law enforcement officer. The role of
punishment belongs to the people in Corrections and Penology. Getting angry, other than as an
interrogative technique, serve no purpose. Anger begets anger, the angry officer only makes his
job more difficult.

The modern professional law enforcement officer lets the criminal call the tune as to his own
treatment. The officers can and must be as tough as the situation demands yet there is no personal
vindictiveness in the way the treats the criminal. His tone of voice and demeanor usually indicate
that he will not be walked on, yet his actions are fair.

“I WILL NEVER EMLOY UNNECESSARY FORCE OR VIOLENCE”

A times the use of force in the performance of one’s duties is an absolute necessity. There is no
escaping it. It is extremely difficult to judge exactly or not. The use of force used in a particular
situation was necessary or not. The use of force or violence during interrogations will often produce
immediate confessions, but is should be avoided on ethical grounds in that the interrogator seldom
knows with complete certainty that the suspect is guilty, and the use of force or the “third degree”
on an innocent person could and has produced false confessions. The harming of an innocent
person is certainly a miscarriage of justice as well as a violation of professional conduct. As a means
of punishment for the criminal, it would be out of place for it is not the function of law enforcement
to punish criminals. This belong to the courts and prisons.

From a practical viewpoint, unnecessary force or violence should be avoided during the
interrogations because if the jury or a judge even suspects that force was used to obtain a
confession, it would be thrown out of court, and chances are the case would be lost. It is difficult
enough for modern, professional law enforcement officers to convince the courts that their
methods of interrogation were “above board” because of the reputation that law enforcement
had thirty or more years ago. In a society that is so conscious of their rights as ours is today, the use
of force or violence as a common practice would invalidate nearly all of the confessions that
reached. The courtroom and would therefore defeat its own purpose.

“I WILL NEVER ACCEPT GRATITUTIES”

The topic of accepting gratuities causes many long and hearted discussions among modern police
officers. It is one in which both ethics and rationalization enter the picture. Gratuities take two main
forms. First, is the gratuity given by a person with the sole intent of receiving something in return.
Second, one gratuity, that is given solely but of a respect for law enforcement and the job that the
police officers are doing. It is not always easy to distinguish between the two. There is a variation of
the second.

Those who favor gratuities usually feel that the second form is all right, but not the first. They feel
that the key to gratuities is as follows: “Will this in any way affect the proper performance of any
duties? In other words, if the officer were to observe the person, giving the gratuity, commit some
violation whether it be an hour or a day later, would be in all conscience be able to treat him the
same as a total stranger?

Those members of law enforcement organization, who developed this code, were certainly aware
of the complexities of this particular area, but the use of the word “never” in relation to accepting
gratuities, indicates that they felt that this was a necessary and essential prerequisite to
professionals law enforcement. To be truly professional we must first be ethical, we must do what is
actually desirable, not merely what we would like to be desirable.

“I RECOGNIZE THE BADGE OF MY OFFICE AS A SYMBOL OF PUBLIC FAITH, AND I ACCEPT IT AS A

PUBLIC TRUST TO BE HELD SO LONG AS I AM TRUE TO THE ETHICS OF POLICE SERVICE”

The essence of this section is one of the most overlooked and forgotten facets of law enforcement
by the main in the field. It is this that distinguishes the difference between law enforcement and
the ordinary job. It is this that enables an officer to suffer the difficulties and problems that the held,
at times, so frustrating and discouraging. Police administrators would do well to place more
emphasis upon the swearing in process. It should be made very formal and similar to the initiation
of many fraternal organizations.

The Chief of Police should see that the recruit is not issued a badge or allowed to put on a uniform
until he is thoroughly familiar with the Code of Ethics and especially the above section. He should
be made to understand that he is one of a select few, and that his job is a public trust that must be
earned. The new officer should also understand that any personal reward will not be obtained from
the public itself, for the public is a difficult master, it there is to be personal reward, it can only come
for the job itself or from knowing the true significance of the job and the essential role that it plays
in society. Perhaps the greatest reward is the self-respect and satisfaction that comes from the
knowledge that the job was done in a truly professional manner.
“I WILL CONSTANTLY STRIVE TO ACHIEVE THESE OBJECTIVES AND IDEALS DEDICATING MYSELF BEFORE
GOD TO MAY CHOSEN PROFESSION… LAW ENFORCEMENT”

Proficiency in law enforcement involves many factors. It involves mental moral and physical
conditioning. They are all important aspects. The officer who let himself slip physically is certainly
not able to protect society. The officer who is in good physical condition has more confidence in
his ability, and this is sensed by those with whom he deals, and as result he finds that it is necessary
to exert authority as much as it might be otherwise. Unfortunately, most police departments require
a stiff physical agility examination before this area is either forgotten or greatly neglected it is left
up to the individual officer to keep oneself in shape.

Another way in which the professional officer may keep abreast is to devote so many hours each
week to reading the many books and profession law enforcement journals or magazines that are
now available.

Since most of this reading will be on the officer’s own time, it is essential to develop the initiative
that is so common to other professions. The Law Enforcement Code of Ethics has broken down and
discussed in some detail in an effort to awaken in the reader a greater awareness of the
importance of the code as a means of achieving professional standing. However, knowing and
understanding the Code of Ethics is not enough. It must actually be practice it must be lived.

THE LAW ENFORCEMENT OATH OF OFFICE

The oath of office lays the groundwork for instilling ethical behavior, but it doesn’t stop there most
agencies codify t hose practices that they hope to promote and those they expect officers to
avoid to help guide them toward ethical decision making.

Of course, the oath contains provisions about protecting, upholding and defending the
Constitution of their country. It also includes promises to conduct oneself soberly, honestly and
honorably, to avoid offensive behavior and to obey superior officers within the individual
departments.

Officers swear to be honest, upstanding citizens. They promise to be part of the solution, not part
of the problem. Above all else, they promise to follow the rules, regardless of whether they like or
agree with them.

Understood within the concept of acting honorably is the idea that officers should own up to their
mistakes. Far more respect is reserved for those who screw up and admit it than those who try to
hide their misdeeds or blame others for their shortcomings. In fact, lying will get one fired faster than
anything else when you choose a law enforcement career.

POLICE ETHICS AND DECISION MAKING

For those situations that may prove difficult for officers, several tests can be applied to help in the
ethical decision-making process. Perhaps the best known ethical decision-making tests are the
critical thinking test, the media test and the gut test.

THE CRITICAL THINKING TEST

The critical thinking test asks a series of “yes” or “no” questions to determine whether or not an
officer should proceed with an action. These questions are asked in succession and ultimately
guide an officer making a good choice. These questions ask:

 Is my action legal?
 Will the end result be good?
 Will it work?
 Is there a better, less harmful way to achieve the same goal?
 Will my decision undermine or contradict another equally important principle?
 Even if the end is good, do the means violate an ethical principle?
 Can my decision be justified if it is made public?

THE MEDIA TEST

A similar but simpler tool, the media test requires an officer to answer one simple question: “How
would I feel if my decision made the front page tomorrow?” This reminds officers that all too often,
perception becomes a reality and that it may not be enough just to be able to justify our actions
if they cause the public to question police practices and tactics seriously.

The media test recognizes that the public does not always see things the same way the law
enforcement community does. It takes into consideration that, because becoming a police officer
ultimately means becoming a public servant, law enforcement must be cognizant of what the
public’s perceptions are regarding police both on and off the job.

THE GUT TEST

Perhaps the simplest test of all is the gut test. The gut test essentially relies on instinct and the belief
that, deep down, all officers can intuit the right decision. Essentially, the gut test relies on the
principle that if it feels wrong, it probably is wrong. This is not to be confused with the difference
between feeling good and bad, but between right and wrong. There are plenty of times that things
that feel bad are right, and things that feel good are wrong.

Whether one chooses to use a test or to trust their gut, the fact remains that ethical behavior and
practices are at the forefront of the law enforcement profession. It’s vital that every officer
remembers the reason she took the job in the first place: to protect and to serve.

WORKING TO MAKE A DIFFERENCE

Police must work together to be the officers that the public demands and expects them to be.
They must lead by example, following the principles of policing, and they must make the hard
choices to do the right thing under every circumstance. Only in this way will officers be able to
provide the level of service their communities deserve and to begin the work of making a
difference in the lives of others.

THE POLICE CODE OF ETHICS

Codes of Ethics are institutional guidelines used to further reinforce ethical conduct by practitioners.
They are not constructed as detailed means of resolving every ethical problem but as general
principles that illuminate moral choice.

These are few professions that demand so much moral fiber as policing. Police stand in “harm’s
way” not so much against enemies with bullets, but against enemies skilled in every form of trickery,
deceit, feigned ignorance, and deception.

Functions of Codes

Two Major purposes of Codes of Ethics

1. They provide moral guidelines for practitioners of criminal justice. As such, they constitute
moral obligations that should be met and moral qualities that should be emulated.
Furthermore, they prescribe “professional standards of conduct” necessary for the ethical
enlightenment of practitioners if they are to lead a professional career. To objective is to
motivate workers to be dedicated to whatever they do and to devote themselves to the
principles of honesty, fidelity and professionalism.
2. Codes of Ethics define professional behavior in the workplace. When practitioners adhere
to a code of ethics, the result is an environment that is conducive to excellence. They would
know what their responsibilities require them to do without supervision. They would develop
a sense of pride in their jobs.

Two main virtues cultivated by Codes of Ethics

1. Ethics of Public Service

2. Ethics of Professionalism

CANONS OF POLICE ETHICS

The Canon of Police Ethics is more interesting, but again, consists mostly of value statements that
an officer is supposed to subscribe to. Goals and attitudes are nice, but something a little “deeper”
might be called for.

The following are the canons of police ethics:

1. Primordial police responsibility

 2. Limitation of police authority
3. Knowledge of the law and other responsibilities
4. Use of proper means to obtain proper ends
5. Cooperation with public officials
6. Proper conduct and behavior
7. Conduct toward the community
8. Conduct in arresting law violation
9. Firmness in refusing gifts of favors
10. Impartial presentation of evidence
11. Attitude toward police profession

Primordial Police Responsibility

The primary objective upholder of the law must know its crime, policeman knew too well that he
has committed his life to defend and protect the rights of the citizen and uphold the law at all cost.

Limitation of Police Authority

Policeman as an upholder of the law must know its limitation upon him in enforcing the law, thus:

a. He must be aware of the limitations which the people, through law, have place upon him
b. He must recognize the center of the democratic system of government which gives no
person or group persons, absolutes power
c. He must insure that he does not pervert its true character.

Knowledge of the Law and other Responsibilities

a. The policeman shall assiduously apply himself to the principle of the laws which he is sworn
to apply.
b. He will make certain of his responsibilities in the particular field of enforcement, seeking and
of his superior in matters technically or in principle are not clear to him.
c. He shall make special effort to fully understand his relationship with other law enforcement
agencies

Use of proper Means to Obtain Paper 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 and a like disposition.
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.

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 law, however, in assuring himself of property, under the law, such
actions and shall guard against the use of his office or person whether knowingly or in any
improper or illegal action.

Proper Conduct and Behavior

a. The policeman shall be mindful of his special identification by the public as an upholder of
law.
b. Police laxity of conduct or manner in private life, expressing either disrespect for the law or
seeking to gain special prevail, cannot but reflect upon in the policeman and the police
service.
c. The community and the service requires that the policeman leads the life of decent and
honorable person, following the career of policeman gives no special pre-requisite

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 be neither overbearing nor subservient, as no individual citizen has no obligation to
stand in awe of him or fight to command him.
e. He will do neither from personal preference or prejudice but rather a duly appointed officer
of the law discharging his sworn obligation.

Conduct in Arresting Law Violator

a. Policeman shall use his powers of 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

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.

Impartial Presentation of Evidence

a. Policeman shall be concerned equally in the prosecution of the accused in the defense of
the innocent.
b. He shall ascertain what kind of evidence and shall present such evidence impartially and
without malice.
c. He shall ignore social, political and other distinction among the person involved,
strengthening the tradition of the reliability and integrity of an officer’s word.
d. He shall be mindful that in many situation be is the sole impartially testimony to the fact of
the case.

Attitude towards Police Profession

a. Policeman shall regard the discharge of his duties as a public trust and recognize his
responsibilities as a public servant.
b. He shall strive to make the best possible application of science to the selection of the crime
and in the field of human relation.
c. He shall strive for effective leadership and public influence in matters affecting public safety.
d. He shall appreciate the importance and responsibility of his office, and hold police work to
be a honorable profession rendering valuable service to his community.
e. Through study and experience, a police officer can acquire the high level of knowledge
and competence that is essential for the efficient and effective performance of duty. The
acquisition of knowledge is a never- ending process of personal and professional
development that should be pursued constantly.

Police Principle

The following are the professional police principles:

1. Prevention of crime and disorder.

2. Cooperation of the community
3. Unreasonable force reduces community cooperation.
4. Use of reasonable force when persuasion is not sufficient.
5. Impartial enforcement of laws.
6. The community are the police.
7. Police should not usurp judicial powers
8. Rules of engagement impartially observed
9. Reduction of crime and dishonor
10. Police discretion
Prevention of Crime and Disorder

The basic mission for whom the police exist is to prevent crime and disorder as an alternative to the
repression of crime and disorder by police and severity of legal punishment.

Cooperation of the Community

a. The police must secure the willing cooperation in the voluntary observance of the law to be
able to secure and maintain the respect and support of the community.
b. The ability of the police to perform their duty is dependent upon community support of
police existence, action, behavior and the ability of the police to secure and maintain
community and respect.

Unreasonable Force Reduce Community Cooperation

A police officer will never employ unnecessary force or violence and will use only such force in the
discharge of duty as in reasonable in all circumstances.

Force should be used only with the greatest restraint and only after discussion, negotiation and
persuasion have been found to be inappropriate or ineffective. While the use of force is
occasionally unavoidable, every police officer will refrain from applying the unnecessary infliction
of pain or suffering and will never engage in cruel, degrading or inhuman treatment of any person.

Use of Reasonable Force when Persuasion is not sufficient

a. The police should reasonable force to the extent necessary to secure observance of the law
or to restore order only when the exercise of persuasion, advice and warning is found to the
insufficient to attain police objectives.
b. No violence or unnecessary force shall be subject to any greater restrain than is necessary
for his detention.

Impartial Enforcement of Laws

a. The police seek and reserve community favor, not by catering to community opinion, but
constantly demonstrating absolutely impartial enforcement of laws, without regard to the
justice and injustice of the substance of particular laws.
b. Impartial enforcement of laws on all individual members of the society without regard to
their race or social standing.

The Community are the Police

a. The police at all times should maintain relationships with the community that gives really to
the historic tradition that the tradition that he police are the community are the police.
b. The police are the only members of the community who are paid are the only members to
maintain peace and order which are incumbent on every citizen in the interest of
community welfare.

Police should not Usurp Judicial Powers

The police should always direct their actions strictly toward their functions and never appear to
usurp the powers of judiciary by averaging individuals of the state of authoritative judging guilt or
punishing the guilt.

Reduction of Crime and Disorder

The test of police efficiency is the reduction of crime and disorder until totally eradicated, not by
evidence of police present and action in dealing with the community.

Rule of Enforcement Impartially Observed

a. Policemen engaged in anti-crime operation must always consider the safety and security
of who might be caught in the crossfire or arm encounters.
b. The use of force including firearms, justifiable only by virtue of the Doctrine of Self-Defense
and Defense of a Stranger, Nobody, including the policeman and other law enforcement
authorities, is above the law.
c. The use of force especially firearms, should be applied only as a last resort, when all other
peaceful and non-violent means have been exhausted.
 d. The use of force, especially firearms, should be confined only the lawless elements and the
responding PNP unit. This is inherent in the police service in which the profession, the
armaments and safety life of every PNP members is dedicated to the protection and safety
of the people.

Police Discretion

A police officer will use responsibility discretion vested in the position and exercise it within the law.
The principle of reasonable will guide the officer’s determinations and the officer will consider all
surrounding circumstances whether any legal action shall be taken.

Consistent and wise use of discretion, based on professional policing competence, will do much
to preserve good relationships and retain the confidence of the public. There can be difficulty in
choosing between conflicting courses of action. It is important to remember that a timely word of
advice rather than arrest- which may be correct in appropriate circumstances can be a more
effective means of achieving a desire end.

PROFESSIONAL CONDUCT AND POLICE ETHICAL STANDARD

Professional conduct and ethical standards and a high degree of honesty are more essential for
officer and members of Philippine National Police than for any member of the society. This is so,
because they are entrusted with the enforcement of the rules, regulations and ordinances created
by City/Municipality and the laws of the land created by the Congress that guide the conduct of
society. A policeman’s violation or infraction thereof, or his failure to enforce it, dishonor the law
and the authority be represents.

Note:

There are common story that the public has heard about lagayan system.
This was said happened when a public officer without just cause, excuse, delays, or to the extent
of he will refuse to perform his duty until he gets some valuable consideration or lagay.

According to Vibar, there are three kinds of bribes:

Pabagsak - the gift given so that an illegal thing may be done

Pampadulas - the gift given to facilitate or expedite the doing of a legal thing; and
Pampasalamat - the gift given in appreciation of a thing already done.

Important Definition of Terms:

1. Neglect of Duty or Nonfeasance

 the failure to perform an act or duty that is part of one's obligation without sufficient
excuse

2. Misconduct or Malfeasance
 the commission of an act that one is prohibited to do

3. Irregularities in the Performance of Duty or Misfeasance

 the improper / incorrect or incorrect performance of an act that should be done or

performed

4. Incompetency

 lack of adequate ability and fitness for the satisfactory performance of police duties;
could be due to physical or intellectual limitations or lack of skill

5. Oppression

 Imports an act of cruelty, severity, unlawful execution, domination or excessive use of

authority.
6. Dishonesty.

 is the concealment or distortion of truth in a matter of fact relevant to one's office or

connected with the performance of his duties.

7. Disloyalty to the government

 abandonment or renunciation of one's loyalty to the government of

the Philippines
 advocating to overthrow the present administration

8. Violation of Law

 This presupposes conviction in court of any crime or offense penalized under Revised Penal
Code or any special law or ordinances.

9. Police Discretion

 the act or the liberty to decide according to the principles of justice and the police
officer's ideas of what is right and proper under the circumstances.