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Pnpcustom and Tradition

The document outlines the customs, traditions, values, and ethical standards of the Philippine National Police (PNP), emphasizing the importance of professionalism, discipline, and respect for human rights. It details various customs related to courtesy, ceremonies, and social decorum, as well as the PNP's core values and the Police Officer's Creed and Pledge. Additionally, it addresses the commitment to democracy, public interest, and the proper use of authority, highlighting the PNP's role as protectors of the community and the need for integrity and accountability in law enforcement.
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0% found this document useful (0 votes)
59 views83 pages

Pnpcustom and Tradition

The document outlines the customs, traditions, values, and ethical standards of the Philippine National Police (PNP), emphasizing the importance of professionalism, discipline, and respect for human rights. It details various customs related to courtesy, ceremonies, and social decorum, as well as the PNP's core values and the Police Officer's Creed and Pledge. Additionally, it addresses the commitment to democracy, public interest, and the proper use of authority, highlighting the PNP's role as protectors of the community and the need for integrity and accountability in law enforcement.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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PNP CUSTOMS AND TRADITIONS, VALUES AND IDEALS, & PNP CODE OF PROFESSIONAL CONDUCT AND

ETHICAL STANDARDS
GOAL:
This block of instruction aims to develop awareness and appreciation of participants on the concept
and principles of PNP customs and traditions, values and ideals as well as the code of professional
conduct and ethical standards within the organization.
I. PNP Customs and Traditions
Pursuant to Article IV of Rule III of NAPOLCOM Resolution No. 93-023, the PNP adopts customs and
traditions according to commonly accepted and desirable norms and practices expected to police
service.
“Customs and Traditions define who we are and how we ought to become”
Police Customs on Courtesy - The following are acts or manner demonstrating basic courtesy in the
PNP especially for uniformed personnel:
a. Salute - placing right hand to the forehead as a symbol of respect and tribute to a superior police
officer as well as to public officials and dignitaries.
b. Salute to National Color and Standard - members stand at attention and salute the national color
and standard as it pass by them or when the national color is raised or lowered during ceremonies.
c. Address/Title - Junior in rank address senior members who are entitled to salute with the word
“Sir/Maam.”
Police Customs on Courtesy
d. Courtesy Calls
- Courtesy Call of Newly Assigned/Appointed Member
- Christmas and New Year’s Call
- Promotion Call
- Exit Call
e. Courtesy of the Post
– The host unit extends hospitality to visiting personnel who pay respect to the command or unit.
f. Rank Has-Its-Own Privilege (RHIP)– Different ranks carry with them corresponding privileges.
Police Customs on Ceremonies
a. Flag Raising Ceremony
b. Flag Retreat Ceremony
c. Half-Mast
d. Funeral Service and Honors
e. Ceremony Tendered to Retiree
f. Honor Ceremony
g. Turn-Over Ceremony
h. Wedding Ceremony
i. Anniversary
Police Customs on Social Decorum
a. Proper Attire - PNP members always wear appropriate and proper attire in conformity with the
occasion.
b. Table Manners - PNP members observe table etiquette at all times.
c. Social Graces - PNP members conduct themselves properly in dealing with people during social
functions.
d. 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.
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:
d. Uniform/Appearance
a. Wearing of prescribed uniform.
b. Wearing as part of the uniform, awards and decorations earned in accordance with the
prescribed rules and regulations.
c. Adherence to haircut prescribed by rules and regulations.
d. Uniform/Appearance
e Manner of Walking - Every PNP member is expected to walk with pride and dignity.
Other Police Customs:
a. Visiting the Sick
b. Survivor Assistance to Heirs of Deceased Members
c. Visiting the Religious Leaders
d. Athletics
e. Happy Hours
PNP Traditions:
 Spiritual Beliefs - The PNP members are traditionally religious and God-loving persons.
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. They sacrificed their limbs
and lives for the sake of their countrymen whom they have pledge to serve.
 Patriotism - The PNP members are traditionally patriotic by nature. They manifest
their love of country with pledge of allegiance to the flag and a vow to defend the
Constitution.
 Discipline - The discipline of PNP members is manifested by instinctive obedience to
lawful orders and through and spontaneous actions towards attainment of organizational
objectives guided by moral, ethical, and legal norms.
 Gentlemanliness - The PNP members are upright in character, polite in manners,
dignified in appearance, and sincere in their concern to their fellowmen.
 Word of Honor - The PNP members’ word is their bond. They stand by and commit to uphold
it.
 Duty - The PNP members have historically exemplified themselves as dedicated public servants
who perform their task with a deep sense of responsibility and self-sacrifice.
 Loyalty - The policemen 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, is manifested by members’ deep
commitment and concern to one another.
PNP Core Values:
“MakaDiyos” (Pro-God)
“Makatao” (Pro-People)
“Makakalikasan” (Pro-Environment)
“Makabayan” (Pro-Country)
Police Officer’s Creed:
I believe in God, the Supreme Being, a 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, seek His guidance in the performance of my
sworn duties, and honor Him at all times.
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 follow and obey legal orders of my superior officers
I believe in selfless love and service to people. Towards this end, I commit myself to the service of my
fellowmen over and above my personal convenience.
I believe in the sanctity of marriage and the respect for women. I shall set the example of decency and
morality and shall have high regard for family life and chastity
I believe in the responsible dominion and stewardship over material things. I shall inhibit myself from
the ostentatious display of my property. I shall protect the environment and conserve nature to
maintain ecological balance. I shall respect private and public properties and prevent others from
destroying it.
I believe in the wisdom of truthfulness. I must be trustworthy and I shall speak the truth at all times
as required by my profession.
Police Officer’s Pledge:
I will love and serve God, my country and people;
I will uphold the Constitution and obey legal orders of the duly constituted authorities;
I will oblige myself to maintain a high standard of
morality and professionalism;
I will respect the customs and traditions of the police service; and
I will live a decent and virtuous life to serve as an example to others.
PNP Badge of Honor:
Upon taking the oath and assumption to office, you are invested, by the people and the law with
the authority as a law enforcer.
The PNP Badge now pinned on your left breast is the symbol of that legal authority. It is so
placed, nearer your heart, to remind you of the fidelity and dedication to duty expected of you as a
public servant.
You have been entrusted with the badge as a symbol of your worthiness as a police officer to serve and
protect the people from whom you derived the power and authority to enforce the laws of the land
without fear or favor.
You are to oversee the general welfare of the people and ensure that peace and order is
maintained at all times. You shall ever be mindful that the police is the protector of the weak, defender
of the innocent, and advocate of human rights.
At the center of your badge is the PNP seal held bravely by our hero Lapu-lapu, the first Filipino to
defend our country against foreign invaders despite being inferiorly equipped.
Inside the seal are the virtues of service, honor and justice. They remind you to always render
the highest form of public service for our fellowmen. You are to serve the citizenry with the commitment
of sacrifice and willingness to die in service of God, country and people.
Duty and honor now bind you to be faithful to the trust bestowed upon you by the people. Your badge
reminds you to maintain the dignity of your character at all times and to strenuously enforce by example,
a steady obedience to the laws of the land.
Exemplary conduct on your part will convince our people that you merit the just title and
authority as you patrol the streets and walk your daily beat.
Walk tall, head up and bravely face the daily dangers of duty. Keep the badge unsullied and free of any
breach of fidelity. By the regularity of your conduct, always endeavor to avoid any aspersion against our
institution.
You are to preserve our cherished customs and traditions and never countenance any deviation
from them nor allow them to be infringed.
Your dignity as a police officer symbolized by the badge is now pinned on you heart. Never swerve from
your solemn oath of office; violate your vows; or betray the public trust.
You are a police officer... Wear your badge with honor.

PNP Stand on Basic Issues


Each member of the organization must retain common ideals and stand on certain issues to ensure
esprit de corps among them. Such ideals and stand shall ensure to protect the image and integrity of the
PNP (culled verbatim from the Rule III, Article II of NAPOLCOM Resolution No. 93-023).
Police Management Leadership
 The effectiveness of law enforcement is reflective of the managerial capabilities and competent
leadership of the men and women who run the PNP organization.
 It is therefore a “must” that these attributes be the primary basis for consideration in the
selection of personnel for employment and deployment purposes.
Equality in the Service
 Judicious and equitable distribution of opportunity to prove one’s worth in the police service.
EFFECT OF Inequality:
 - create an atmosphere of demoralization.
 -inefficiency and lack of teamwork to the detriment of the organization.
 The organization requires adherence to the rule on merit and fitness system and to dissociate
the above process from class orientation and factionalism.

Delicadeza
All members must have the moral courage to sacrifice self-interest in keeping with the time-
honored principle of delicadeza.
Police Lifestyle
To promote a lifestyle for every member of the organization that is acceptable and respectable in
the eyes of the public.
Set good example to the subordinates and follow good example from the superiors.
Free from greed, corruption and exploitation.
The public expects a police officer to live a simple, yet credible and dignified life.
Political Patronage
All PNP members must inhibit himself from soliciting political patronage in matters pertaining to
assignment, awards, training and promotion.
III. PNP Code of Professional Conduct and Ethical Standards
Pursuant to Article III of Rule III, otherwise known as the Code of Professional Conduct and Ethical
Standards, each PNP member must follow the norms set thereat, and manifest the same in their daily
undertakings, be it at work, home and in dealing with the general public.
Commitment to Democracy
All personnel must uphold Democracy which is enshrined in the 1987 Philippine Constitution. As
such, they must at all times remain nationalist, patriots and loyal to the people and country.
Commitment to Public Interest
Safeguard public interest over and above personal interest. Accordingly, all government
properties, resources and power of their respective offices must be utilized efficiently and effectively in
all honesty and transparency.
Non-Partisanship
All PNP personnel shall render services to everyone without discrimination.
Physical Fitness and Health
Must maintain physical and mental well-being. Undergo regular physical exercises and annual
medical examination in any PNP hospital or medical facility.
Secrecy Discipline
Guard the confidentiality of classified information against unauthorized disclosure, including
confidential aspects of official business, special orders, communications and other documents, roster or
any portion thereof of the PNP, content of criminal records, identities of persons who may have given
information to the police in confidence and other classified information on intelligence material.
Social Awareness
All PNP personnel are encouraged to join civic, religious and social activities without
compromising their official duties.
Non-Solicitation of Patronage
Discouraged to solicit influence or support from political executives, government executives,
renowned individuals or groups pertaining to their career development.
Proper Care and Use of Public Property
“A public office is a public trust” thus, every PNP personnel shall at all times be held accountable
not only to their positions or ranks but also to the resources at their care or custody.
Respect for Human Rights
Ensure the promotion and protection of human rights and dignity at all times in accordance with
the Universal Declaration of Human Rights and International Law which were subsequently adopted in
the 1987 Philippine Constitution.
Devotion to Duty
Every PNP personnel must render their respective task or duty with utmost dedication,
competence, efficiency, integrity, and professionalism, thereby ensuring common interest or public
welfare.
Conservation of Natural Resources
Ensure the protection and conservation of natural resources and ecosystem to foster sustainable
development.
Discipline
This shall be an inherent value of the PNP as a flagship law enforcement agency of the entire
government bureaucracy, thus, every personnel must adhere to the rules and regulations of the
organization.
Loyalty
Such virtue as enshrined in the Constitution must be manifested by every PNP personnel as a
form of dedication not only to their lawful superiors, peers and subordinates as well as the organization,
but shall be extended to the greater interest of the country and people.
Obedience to Superiors
Every member of the organization is obliged to follow and respect lawful orders of their
respective superiors.
Command Responsibility
Supervisors and Commanders are responsible and accountable to their subordinates. As such,
they are “expected to closely monitor, supervise, direct, coordinate and control the overall activities of
his subordinates within his area of jurisdiction and can be held administratively accountable for neglect
of duty in taking appropriate action to discipline men.”
Morality
“All PNP members shall adhere to high standard of morality and decency and shall set good examples for
others to follow. Hence, among others, and in no instance during their terms of office shall they be
involved as owners, operators, managers or investors in any house of ill-repute or illegal gambling den or
other places devoted to vices; nor shall they patronize such places unless on official duty, and tolerate
operations of such establishments in their respective areas of responsibilities. They shall be faithful to
their lawfully wedded spouses.”
Judicious Use of Authority
Granted by the people with authority, the PNP is obliged to exercise at all times lawful and moral
use of force in carrying out their mandated duties.
Integrity
This is among the cornerstones of law enforcement and public service, thus all members of the
PNP shall not use their authority to advance one’s interest and must at all times remain honest to their
duty and the Constitution.
Justice
The primary duty of police as law enforcers is “to serve mankind”. Accordingly, every PNP
members, especially police officers, shall ensure that every citizen’s right for life, liberty and property is
respected and promoted.
Humility
All PNP members shall be made aware that their power and authority are merely reposed by the
people, thus they are compelled to use such authority to protect and serve the people with utmost
humility.
Orderliness
Each member of the PNP shall uphold stability, order and discipline by conforming to standard
procedures and protocols of the agency in completing the tasks assigned to them to prevent wastage of
government resources.
Perseverance
All PNP members must take part within their capacities and lawful means to pursue the
aspirations of the organization despite ordeals and difficulties.
PSJLC HANDOUTS
SUBJECT: HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW

PART I: RIGHTS-BASED POLICING

A. Rights-Based Policing

 What is Human Rights-Based Policing?

Human Rights-Based Policing (HRBP) - is the comprehensive, systematic, and


institutional adherence to national or domestic laws on human rights; and
compliance with international human rights principles, standards, and
practices as well as treaties, conventions, and protocols related to law
enforcement or police functions.

HRBP is also an approach to policing that defines the relationship between


individual citizens and various groups or sectors of society as Claim Holders
whose rights have to be respected and protected by the police; and the
Police as Duty Bearers that have obligations to respect, protect and fulfill
human rights. HRBP aims to empower claim holders to claim their rights,
while strengthening the capacities of duty bearers to meet their duties and
obligations as human rights protectors. Moreover, HRBP is an important
component of Security Sector Reform (SSR). According to the National
Security Policy 2011-2016, the government is committed to pursue the
transformation of the security sector
by:
a. Strengthening civilian control and oversight of the security sector
to include reforms in the defense and law enforcement agencies; and

b. Professionalizing the security forces to include among others the


establishment of programs designed to train soldiers, police, and other
security sector personnel on their respective functions and responsibilities
under the Constitution or as provided for by law, and develop competencies
on Human Rights, International Humanitarian Law, ethnic sensitivity and
indigenous peoples’ rights, in accordance with the rule of law.

There are many national and international laws that are related to human
rights or were crafted precisely to promote and protect the rights of people.
Therefore, it can also be said that Human Rights-Based Policing is the
enforcement of laws, treaties, and conventions on human rights.
Mainstreaming human rights-based approaches in police work is done by
incorporating human rights principles and practices into police doctrines,
strategies, and plans. These principles and practices are also applied to all
police systems, procedures, methods, and tactics. To be truly effective, even
police equipment, supplies, and facilities are reviewed and upgraded to
enable a police organization to meet human rights standards for law
enforcement.
Human Rights-Based Policing is considered to be institutionalized when
human rights principles and practices are taught and applied at all levels, in
both operational and administrative functions of the police organization.
Once human rights-based policing is fully institutionalized, a police
organization enhances its effectiveness and credibility in networking with
other government and non-government agencies to address various human
rights issues and concerns.

Characteristics of Human Rights-Based Policing

Human Rights-Based Policing has several characteristics which are


briefly explained below:

1. Strict Observance of Police Policies and Operational Procedures.


2. Adherence to National/Domestic and International Laws, Treaties,
Standards, and Protocols on Human Rights.
3. Professional Competence and Courteous Service.
4. Respect for Rule of Law and Civilian Supremacy.
5. Pro-Democracy and Pro-Citizen.

DYNAMICS OF RIGHTS-BASED POLICING

1. Compliance with International Human Rights Standards in policing.


2. Citizens are CLAIM-HOLDERS whose rights must be respected and
protected by the police.
3. Police Officers are DUTY-HOLDERS with obligations to respect, protect
and fulfill human rights.
4. To RESPECT human rights the Police must avoid interfering with the
enjoyment of people’s rights.
5. To PROTECT human rights the Police must take steps to prohibit others
from violating recognized rights and freedoms;
6. To FULFILL human rights – the PNP must implement systems,
mechanisms, and procedures that enable people to claim and enjoy
their rights.

Ten (10) Basic International Human Rights Standards of Law


Enforcement

STANDARD 1: EQUAL PROTECTION

Everyone is entitled to equal protection of the law, without discrimination on


any grounds, and especially against violence and other threats. Be especially
vigilant to protect potentially vulnerable groups such as children, the elderly,
women, refugees, displaced persons, and members of minority groups.

STANDARD 2: RESPECTFUL TREATMENT

Treat all citizens and victims of crime with compassion and respect, with
utmost consideration for their need for safety and privacy.

STANDARD 3: USE OF FORCE

Do not use force except when strictly necessary and to the minimum extent
required under the circumstances.

STANDARD 4: POLICING NON-VIOLENT ASSEMBLIES


Avoid using force when policing unlawful but non-violent assemblies. When
dispersing violent assemblies, use force only to the minimum extent
necessary.

STANDARD 5: USE OF LETHAL FORCE

Lethal force should not be used except when strictly unavoidable in order to
protect your life or the lives of others.

STANDARD 6: ARRESTING PERSONS ON LEGAL GROUNDS

Only arrest persons if there are legal grounds to do so, and the arrest is
carried out in accordance with lawful arrest procedures.

STANDARD 7: DETAINEES’ RIGHTS

Ensure that all detainees, immediately after their arrest, have access to their
family and lawyer. They must also be given immediate medical assistance
whenever necessary.

STANDARD 8: HUMANE TREATMENT OF DETAINEES

All detainees must be treated humanely. Under any circumstances, do not


inflict, instigate, nor tolerate any act of torture or ill-treatment, and refuse to
obey any order to do so.

STANDARD 9: REFUSAL TO OBEY UNJUST ORDERS

Do not carry out, order, or cover-up extra-legal killings or enforced


disappearance, and refuse to obey any order to do so.

STANDARD 10: REPORTING VIOLATIONS

Report all violations of these standards to your senior officer and to the
nearest Prosecutor’s Office. Do everything within your ability and authority
to ensure steps are taken to investigate violations of these standards.

SPECIAL PROTECTION OF VULNERABLE GROUPS


A. Protection for PWDs:

1. REPUBLIC ACT NO. 7277: AN ACT PROVIDING FOR THE


REHABILITATION, SELF-DEVELOPMENT AND SELF-RELIANCE OF
DISABLED PERSONS AND THEIR INTEGRATION INTO THE
MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES.

2. Republic Act 9442: AN ACT AMENDING REPUBLIC ACT NO. 7277,


OTHERWISE KNOWN AS THE “MAGNA CARTA FOR DISABLED
PERSONS, AND FOR OTHER PURPOSES”

a. “SEC. 32. Persons with disability shall be entitled to the


following:
b. (a) At least twenty percent (20%) discount from all
establishments relative to the utilization of all services in hotels
and similar lodging establishments; restaurants and recreation
centers for the exclusive use or enjoyment of persons with
disability;
c. (b) A minimum of twenty percent (20%) discount on admission
fees charged by theaters, cinema houses, concert halls, circuses,
carnivals and other similar places of culture, leisure and
amusement for the exclusive use of enjoyment of persons with
disability;
d. (c) At least twenty percent (20%) discount for the purchase of
medicines in all drugstores for the exclusive use or enjoyment of
persons with disability;
e. (d) At least twenty percent (20%) discount on medical and
dental services including diagnostic and laboratory fees such as,
but not limited to, x-rays, computerized tomography scans and
blood tests, in all government facilities, subject to guidelines to
be issued by the Department of Health (DOH), in coordination
with the Philippine Health Insurance Corporation (PHILHEALTH);
f. (e) At least twenty percent (20%) discount on medical and dental
services including diagnostic and laboratory fees, and
professional fees of attending doctors in all private hospitals and
medical facilities, in accordance with the rules and regulations to
be issued by the DOH, in coordination with the PHILHEALTH;
g. (f) At least twenty percent (20%) discount on fare for domestic
air and sea travel for the exclusive use or enjoyment of persons
with disability;
h. (g) At least twenty percent (20%) discount in public railways,
skyways and bus fare for the exclusive use and enjoyment of
person with disability;
i. (h) Educational assistance to persons with disability, for them to
pursue primary, secondary, tertiary, post tertiary, as well as
vocational or technical education, in both public and private
schools, through the provision of scholarships, grants, financial
aids, subsidies and other incentives to qualified persons with
disability, including support for books, learning material, and
uniform allowance to the extent feasible: Provided, That persons
with disability shall meet minimum admission requirements;
j. (i) To the extent practicable and feasible, the continuance of the
same benefits and privileges given by the Government Service
Insurance System (GSIS), Social Security System (SSS), and PAG-
IBIG, as the case may be, as are enjoyed by those in actual
service;
k. (j) To the extent possible, the government may grant special
discounts in special programs for persons with disability on
purchase of basic commodities, subject to guidelines to be
issued for the purpose by the Department of Trade and Industry
(DTI) and the Department of Agricultural (DA); and
l. (k) Provision of express lanes for persons with disability in all
commercial and government establishments; in the absence
thereof, priority shall be given to them.
m. The abovementioned privileges are available only to persons
with disability who are Filipino citizens upon submission of any of
the following as proof of his/her entitlement thereto:
n. (I) An identification card issued by the city or municipal mayor or
the barangay captain of the place where the persons with
disability resides;
o. (II) The passport of the persons with disability concerned; or
p. (III) Transportation discount fare Identification Card (ID) issued by
the National Council for the Welfare of Disabled Persons
(NCWDP).
q. The privileges may not be claimed if the persons with disability
claims a higher discount as may be granted by the commercial
establishment and/or under other existing laws or in combination
with other discount programs/s.
r. The establishments may claim the discounts granted in sub-
sections (a), (b), (c), (f) and (g) as tax deductions based on the
net cost of the goods sold or services rendered: Provided,
further, That the total amount of the claimed tax deduction net
of value-added tax if applicable, shall be included in their gross
sales receipts for tax purposes and shall be subject to proper
documentation and to the provisions of the National Internal
Revenue Code (NIRC), as amended.”

3. REPUBLIC ACT NO. 10070: AN ACT ESTABLISHING AN


INSTITUTIONAL MECHANISM TO ENSURE THE IMPLEMENTATION OF
PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES IN
EVERY PROVINCE, CITY AND MUNICIPALITY, AMENDING REPUBLIC
ACT NO. 7277, OTHERWISE KNOWN AS THE "MAGNA CARTA FOR
DISABLED PERSONS", AS AMENDED, AND FOR OTHER PURPOSES

"Section 40. Role of National Agencies and Local Government Units.


- (a) Local government units shall promote the establishment of
organizations of persons with disabilities (PWDs) in their respective
territorial jurisdictions. National agencies and local government
units may enter into joint ventures with organizations or
associations of PWDs to explore livelihood opportunities and other
undertakings that shall enhance the health, physical fitness and the
economic and social well-being of PWDs.
"(b) Local government units shall organize and establish the
following:
"(1) Persons with Disability Affairs Office (PDAO)
"A PDAO shall be created in every province, city and municipality.
The local chief executive shall appoint a PWD affairs officer who
shall manage and oversee the operations of the office, pursuant to
its mandate under this Act. Priority shall be given to qualified PWDs
to head and man the said office in carrying out the following
functions:
"(i) Formulate and implement policies, plans and programs for the
promotion of the welfare of PWDs in coordination with concerned
national and local government agencies;
"(ii) Coordinate the implementation of the provisions of this Act,
Batas Pambansa Big. 344, otherwise known as the Accessibility
Law, and other relevant laws at the local level;
"(iii) Represent PWDs in meetings of local development councils and
other special bodies;
"(iv) Recommend and enjoin the participation of nongovernment
organizations (NGOs) and people's organizations (POs) in the
implementation of all disability-related laws and policies;
"(v) Gather and compile relevant data on PWDs in their localities;
"(vi) Disseminate information including, but not limited to,
programs and activities for PWDs, statistics on PWDs, including
children with disability, and training and employment opportunities
for PWDs;
"(vii) Submit reports to the office of the local chief executive on the
implementation of programs and services for the promotion of the
welfare of PWDs in their respective areas of jurisdiction;
"(viii) Ensure that the policies, plans and programs for the
promotion of the welfare of PWDs are funded by both the national
and local government;
"(ix) Monitor fund raising activities being conducted for the benefit
of PWDs;
"(x) Seek donations in cash or in kind from local or foreign donors to
implement an approved work plan for PWDs, in accordance with
existing laws and regulations; and
"(xi) Perform such other functions as may be necessary for the
promotion and protection of the welfare of the PWDs.
"(2) Focal person
"In consideration of budget restraints, local chief executives of
fourth (4th), fifth (5th) and sixth (6th) class municipalities may, in
lieu of the creation of a PDAO, designate a focal person who shall
perform the functions of the PDAO. Priority in appointment should
be given to a PWD with experience in providing services to PWDs.
"The establishment of a PDAO or the appointment of a focal person,
as the case may be, should be done in consultation and
coordination with the National Council on Disability Affairs (NCDA),
NGOs."

4. REPUBLIC ACT NO. 10366: AN ACT AUTHORIZING THE COMMISSION


ON ELECTIONS TO ESTABLISH PRECINCTS ASSIGNED TO
ACCESSIBLE POLLING PLACES EXCLUSIVELY FOR PERSONS WITH
DISABILITIES AND SENIOR CITIZENS.

5. REPUBLIC ACT NO. 10524: AN ACT EXPANDING THE POSITIONS


RESERVED FOR PERSONS WITH DISABILITY, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 7277, AS AMENDED, OTHERWISE
KNOWN AS THE MAGNA CARTA FOR PERSONS WITH DISABILITY

“At least one percent (1%) of all positions in all government agencies,
offices or corporal ions shall be reserved for persons with disability:
Provided, That private corporations with more than one hundred (100)
employees are encouraged to reserve at least one percent (1%) of all
positions for persons with disability.”

6. REPUBLIC ACT NO. 10754: AN ACT EXPANDING THE BENEFITS AND


PRIVILEGES OF PERSONS WITH DISABILITY (PWD).

“SEC. 32. Persons with disability shall be entitled to:

“(a) At least twenty percent (20%) discount and exemption from the value-
added tax (VAT), if applicable, on the following sale of goods and services for
the exclusive use and enjoyment or availment of the PWD:

“(1) On the fees and charges relative to the utilization of all services in
hotels and similar lodging establishments; restaurants and recreation
centers;

“(2) On admission fees charged by theaters, cinema houses, concert halls,


circuses, carnivals and other similar places of culture, leisure and
amusement;

“(3) On the purchase of medicines in all drugstores;

“(4) On medical and dental services including diagnostic and laboratory fees
such as, but not limited to, x-rays, computerized tomography scans and
blood tests, and professional fees of attending doctors in all government
facilities, subject to the guidelines to be issued by the Department of Health
(DOH), in coordination with the Philippine Health Insurance Corporation
(PhilHealth);

“(5) On medical and dental services including diagnostic and laboratory fees,
and professional fees of attending doctors in all private hospitals and
medical facilities, in accordance with the rules and regulations to be issued
by the DOH, in coordination with the PhilHealth;

“(6) On fare for domestic air and sea travel;

“(7) On actual fare for land transportation travel such as, but not limited to,
public utility buses or jeepneys (PUBs/PUJs), taxis, asian utility vehicles
(AUVs), shuttle services and public railways, including light Rail Transit (LRT),
Metro Rail Transit (MRT) and Philippine National Railways (PNR); and

“(8) On funeral and burial services for the death of the PWD: Provided, That
the beneficiary or any person who shall shoulder the funeral and burial
expenses of the deceased PWD shall claim the discount under this rule for
the deceased PWD upon presentation of the death certificate. Such
expenses shall cover the purchase of casket or urn, embalming, hospital
morgue, transport of the body to intended burial site in the place of origin,
but shall exclude obituary publication and the cost of the memorial lot.

“(b) Educational assistance to PWD, for them to pursue primary, secondary,


tertiary, post tertiary, as well as vocational or technical education, in both
public and private schools, through the provision of scholarships, grants,
financial aids, subsidies and other incentives to qualified PWD, including
support for books, learning materials, and uniform allowance to the extent
feasible: Provided, That PWD shall meet the minimum admission
requirements;

“(c) To the extent practicable and feasible, the continuance of the same
benefits and privileges given by the Government Service Insurance System
(GSIS), Social Security System (SSS), and Pag-IBIG, as the case may be, as
are enjoyed by those in actual service;

“(d) To the extent possible, the government may grant special discounts in
special programs for PWD on purchase of basic commodities, subject to the
guidelines to be issued for the purpose by the Department of Trade and
Industry (DTI) and the Department of Agriculture (DA); and

“(e) Provision of express lanes for PWD in all commercial and government
establishments; in the absence thereof, priority shall be given to them.

“The abovementioned privileges are available only to PWD who are Filipino
citizens upon submission of any of the following as proof of his/her
entitlement thereto:

“(i) An identification card issued by the city or municipal mayor or the


barangay captain of the place where the PWD resides;

“(ii) The passport of the PWD concerned; or

“(iii) Transportation discount fare Identification Card (ID) issued by the


National Council for the Welfare of Disabled Persons (NCWDP).

“The privileges may not be claimed if the PWD claims a higher discount as
may be granted by the commercial establishment and/or under other
existing laws or in combination with other discount program/s.

“The establishments may claim the discounts granted in subsection (a),


paragraphs (1), (2), (3), (5), (6), (7), and (8) as tax deductions based on the
net cost of the goods sold or services rendered: Provided, however, That the
cost of the discount shall be allowed as deduction from the gross income for
the same taxable year that the discount is granted: Provided, further, That
the total amount of the claimed tax deduction net of value-added tax, if
applicable, shall be included in their gross sales receipts for tax purposes
and shall be subject to proper documentation and to the provisions of the
National Internal Revenue Code (NIRC), as amended.”

SEC. 2. Section 33 of Republic Act No. 7277, as amended, is hereby further


amended to read as follows:

“SEC. 33. Incentives. – Those caring for and living with a PWD shall be
granted the following incentives:

“(a) PWD, who are within the fourth civil degree of consanguinity or
affinity to the taxpayer, regardless of age, who are not gainfully
employed and chiefly dependent upon the taxpayer, shall be
treated as dependents under Section 35(b) of the NIRC of 1997, as
amended, and as such, individual taxpayers caring for them shall
be accorded the privileges granted by the Code insofar as having
dependents under the same section are concerned.

B. Protection on Women

1. United Nations Convention for the Elimination of all forms of Racial


Discrimination Against Women (CEDAW).

2. Republic Act 9262: An Act Defining Violence Agaainst Women and


their Children, Providing for Protective Measures for Victrims,
Prescribing Penalties therefore, and other purposes.

3. Republic Act 9710: An Act Providing for the Magna Carta of Women.

4. Rights of Women
 Right to equality of the sexes
 Right to equality of the spouses
 Right to protection from exploitation
 Right to maternity leave of pregnant women
 Right to freedom from capital punishment of pregnant women
 Right to vote in all elections and be eligible for election to all
publicly elected bodies
 Right to hold public office and to exercise public function
 Right to be protected from suffering, heavy losses, repression
and armed treatment during armed conflict situations and
savages of war

C. Protection for Children and Juveniles

1. United Nations International Convention on the Rights of the Child.

2. Republic Act No. 7610: Special Protection of Children Against


Abuse, Exploitation and Discrimination Act.

3. Republic Act No. 9231: An Act Providing for the Elimination


of the Worst Forms of Child Labor and Affording Stronger
Protection for the Working Child, amending for this
Purpose Republic Act No. 7610, as amended, otherwise
known as the "Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act"

4. Republic Act No. 9344: An Act Establishing a Comprehensive


Juvenile Welfare System, Creating the Juvenile Justice and Welfare
Council under the Department of Justice, Appropriating Funds
therefor and for Other Purposes.

5. Republic Act No. 10821: An Act Mandating the Provision of


Emergency Relief and Protection for Children Before, During, and
After Disasters and Other Emergency Situations.

6. Right of the Child:

 Right to a name and nationality


 Right of children (as those born in wedlock)
 Right to access to education (including free and compulsory
elementary education)
 Right to free vocational training/apprenticeship
 Right (of arrested juveniles) to rehabilitation
 Right to freedom from capital punishment
 Right to protection from neglect, cruelty and exploitation
 Right to protection thru a minimum age for employment
 Right to opportunity for play and recreation.
 Right to social services
 Right to his/her identity
 Right to freedom of expression
 Right to access appropriate information
 Right to freedom of thought, conscience and religion
 Right to freedom of association and peaceful assembly
 Right to protection of privacy
 Right to the highest standard of health and health services
attainable
 Right to benefit from social security (child care services and
facilities made available to children of working parents)

D. Protection for Senior Citizen

1. Republic Act No. 7432: An Act to Maximize the Contribution of Senior


Citizens to Nation Building, Grant Benefits and Special Privileges and
for Other Purposes.

2. Republic Act No. 9257: “Expanded Senior Citizens Act of 2003.”

3. Republic Act No. 9994: An Act Granting Additional Benefits and


Privileges to Senior Citizens, further amending the Republic Act No.
7432, as amended, otherwise known as An Act to Maximize the
Contribution of Senior Citizens to Nation Building, Grant Benefits and
Special Privileges and for Other Purposes.

4. Rights of the Elderly


 Right to freedom from capital punishment (70 years old)
 Right to social security
 Right to access to adequate standard of living that are safe and
adaptable to personal reference and changing capacities
 Right to 20% discount

E. Protection for Persons With Disability (PWD)

1. United Nations Convention on the Rights of Persons with Disability


(UNCRPD).

2. Republic Act No. 7277: The Magna Carta for Disabled Persons.

3. Republic Act No. 9442: Other privileges and Incentives” is hereby


added to Title Two of Republic Act No. 7277, otherwise known as the
“Magna Carta for Disabled Persons”, with new Sections 32 and 33.

4. Republic Act No. 10524: An Act Expanding the Positions Reserved


for Persons with Disability, amending for the Purpose Republic Act
No. 7277, as amended, Otherwise known as The Magna Carta for
Persons with Disability.

5. Republic Act No. 10754: An Act Expanding the Benefits and


Privileges of Persons with Disability (PWD).

6. Rights of PWDs:
 Right to preferential employment from differently-abled persons
 Right to occupational rehabilitation
 Right to social resettlement
 Right to proper medical care
 Right to gainful employment
 Right to quality education, training and rehabilitation harnessing
their maximum potentials
 Right to live with his or her family or foster parents
 Right to qualified guardian when required to protect his personal
well-being and interest
 Protection from exploitation, abuse and discrimination/degrading
treatment
 Right to join trade unions and other organizations/self-help
groups
 Right to participate in all social recreation or recreational
activities
 Right to 20% discount.

F. Protection for Internally Displaced Persons (IDPs)

1. United Nations Guiding Principles on Internal Displacement


(UNCRPD).

Part II: OVERVIEW OF INTERNATIONAL HUMANITARIAN LAW

This section provides a quick review of important terms, concepts, and


principles of International Humanitarian Law (IHL). All police personnel are
enjoined to participate in IHL training or seminars and to read more detailed
books, primers, or publications about IHL.

What is International Humanitarian Law?

International Humanitarian Law (IHL) is a set of rules that seek to limit the
effects of armed conflict for humanitarian reasons. It also restricts the
methods and means of warfare. In essence, IHL aims to protect non-
combatants or persons who are not or no longer involved in armed
hostilities. IHL is part of International Law or the set of rules that govern
relations between nation-states. While protecting civilian populations and
non-combatants, IHL also seeks to protect the natural environment, the
preservation of which is needed for human life and survival.
IHL only applies to armed conflicts and not to internal disturbances such as
riots, demonstrations, protest rallies, and sporadic or isolated incidents of
violence that occur inside the territory of a State. Serious violations of IHL
are called war crimes. All parties to an armed conflict, whether state or non-
state actors,
are bound to observe International Humanitarian Law.

Where did IHL come from?

The Geneva Conventions and the Hague Conventions are the bases of
International Humanitarian Law.

The Geneva Conventions are international standards on humanitarian


treatment of victims of war. The said conventions are composed of four (4)
treaties, namely:

1. First Geneva Convention for the Amelioration of the Condition of the


Wounded and Sick in Armed Forces in the Field (ratified in 1864)

2. Second Geneva Convention for the Amelioration of the Condition of


Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (ratified in
1906)
3. Third Geneva Convention relative to the Treatment of Prisoners of War
(ratified in 1929)

4. Fourth Geneva Convention relative to the Protection of Civilian Persons in


Time of War (ratified in 1949)

The Geneva Conventions also include modifications or amendment protocols


which include:

Protocol I (1977) relating to the Protection of Victims of International Armed


Conflicts

Protocol II (1977) relating to the Protection of Victims of Non- International


Armed Conflicts

Protocol III (2005) relating to the Adoption of an Additional Distinctive


Emblem

Other treaties that are related or considered in the observance of IHL


include the conventions that prohibit the use of landmines, chemical
weapons, blinding laser weapons, among others.

Three Principles of IHL

1. Principle of Distinction

The Principle of Distinction means that states must not use means and
methods of warfare that do not distinguish or make a distinction between
combatants and non-combatants.

2. Principle of Proportionality

The Principle of Proportionality means that a clear military target must not
be attacked if the risk to civilians and to civilian/non-military property is
larger than the expected military advantage or result.

3. Principle of Precaution

The Principle of Precaution, as part of the principle of distinction, means that


parties in conflict must take all precautions to distinguish between
combatants and noncombatants, as well as legitimate military targets and
civilian properties or structures that must not be attacked.

Basic Rules of IHL

According to the International Committee of the Red Cross (ICRC), the basic
rules of International Humanitarian Law are as follows:

1. Persons hors de combat (outside of combat) and those not taking part
in hostilities shall be protected and treated humanely. It is forbidden to
kill or injure an enemy who surrenders or who is hors de combat.

2. The wounded and sick shall be cared for and protected by the party to
the conflict which has them in its power.

3. The emblem of the Red Cross, Red Crescent, and Red Crystal shall be
recognized and respected as signs of humanitarian protection.

4. Captured combatants and civilians must be protected against acts of


violence and reprisals. They shall have the right to correspond with
their families and to receive relief.

5. No one shall be subjected to torture, corporal punishment or cruel or


degrading treatment.

6. Parties to a conflict and members of their armed forces do not have an


unlimited choice of methods and means of warfare.

7. Parties to a conflict shall at all times distinguish between the civilian


population and combatants. Attacks shall be directed solely against
military objectives.

Republic Act No. 9851

In December 11, 2009, Republic Act 9851 entitled, an Act Defining and
Penalizing Crimes against International Humanitarian Law, Genocide and
other Crimes against Humanity was enacted by Congress. According to R.A.
9851, both state and non-state armed groups must adhere to international
humanitarian law standards. The said law also provides legal recourse to
victims and prescribes appropriate punishment to those convicted of war
crimes, genocide, and crimes against humanity.

The following acts are crimes against International Humanitarian Law (IHL)
and are now punishable under R.A. 9851:

During International Armed Conflict

1. Willful killing;
2. Torture or inhuman treatment, including biological experiments;
3. Willfully causing great suffering, or serious injury to body or health;
4. Extensive destruction and appropriation of property not justified by
military necessity and carried out unlawfully and wantonly;
5. Willfully depriving a prisoner of war or other protected person of the rights
of fair and regular trial;
6. Arbitrary deportation or forcible transfer of population or unlawful
confinement;
7. Taking of hostages;
8. Compelling a prisoner a prisoner of war or other protected person to serve
in the forces of a hostile power; and
9. Unjustifiable delay in the repatriation of prisoners of war or other
protected persons.

During Non-International Armed Conflict

1. Violence to life and person, in particular, willful killings, mutilation,


cruel treatment and torture;
2. Committing outrages upon personal dignity, in particular, humiliating
and degrading treatment;
3. Taking of hostages; and
4. The passing of sentences and the carrying out of executions without
previous judgment pronounced by a regularly constituted court,
affording all judicial guarantees which are generally recognized as
indispensable.

Other Serious Violations

1. Internationally directing attacks against the civilian population as such


or against individual civilians not taking direct part in hostilities;
2. Intentionally directing attacks against civilian objects, that is, objects
which are not military objectives;
3. Intentionally directing attacks against buildings, material, medical
units and transport, and personnel using the distinctive emblems of
the Geneva Conventions or Additional Protocol III in conformity with
international law;

4. Intentionally directing attacks against personnel, installations,


material, units or vehicles involved in a humanitarian assistance or
peacekeeping mission in accordance with the Charter of the United
Nations, as long as they are entitled to the protection given to civilians
or civilian objects under the international law of armed conflict;

5. Launching an attack in the knowledge that such attack will cause


incidental loss of life or injury to civilians or damage to civilian objects
or widespread, long-term and severe damage to the natural
environment which would be excessive in relation to the concrete and
direct military advantage anticipated;

6. Launching an attack against works or installations containing


dangerous forces in the knowledge that such attack will cause
excessive loss of life, injury to civilians or damage to civilian objects,
and causing death or serious injury to body or health;

7. Attacking or bombarding, by whatever means, towns, villages,


dwellings or buildings which are undefended and which are not military
objectives, or making non-defended localities or demilitarized zones
the object of attack;

8. Killing or wounding a person in the knowledge that he/she is hors de


combat, including a combatant who, having laid down his/her arms or
no longer having means of defense, has surrendered at discretion;

9. Making improper use of a flag of truce, of the flag or the military


insignia and uniform of the enemy or of the United Nations, as well as
of the distinctive emblems of the Geneva Conventions or other
protective signs under International Humanitarian Law, resulting in
death, serious personal injury or capture;

10. Intentionally directing attacks against buildings dedicated to


religion, education, art, science or charitable purposes, historic
monuments, hospitals and places where the sick and wounded are
collected, provided they are not military objectives. In case of doubt
whether such building or place has been used to make an effective
contribution to military action, it shall be presumed not to be so used;

11. Subjecting persons who are in the power of an adverse party to


physical mutilation or to medical or scientific experiments of any kind,
or to removal of tissue or organs for transplantation, which are neither
justified by the medical, dental or hospital treatment of the person
concerned nor carried out in his/her interest, and which cause death to
or seriously endanger the health of such person or persons;

12. Killing, wounding or capturing an adversary by resort to perfidy;

13. Declaring that no quarter will be given;

14. Destroying or seizing the enemy’s property unless


suchdestruction or seizure is imperatively demanded by the
necessities of war;

15. Pillaging a town or place, even when taken by assault;

16. Ordering the displacements of the civilian population for reasons


related to the conflict, unless the security of the civilians involved or
imperative military reasons so demand;

17. Transferring, directly or indirectly, by the occupying power of


parts of its own civilian population into the territory it occupies, or the
deportation or transfer of all or parts of the population of the occupied
territory within or outside this territory;

18. Committing outrages upon personal dignity, in particular,


humiliating and degrading treatment;

19. Committing rape, sexual slavery, enforced prostitution, forced


pregnancy, enforced sterilization, or any other form of sexual violence
also constituting a grave breach of the Geneva Conventions or a
serious violation of common Article 3 to the Geneva Conventions;

20. Utilizing the presence of a civilian or other protected person to


render certain points, areas or military forces immune from military
operations;

21. Intentionally using starvation of civilians as a method of warfare


by depriving them of objects indispensable to their survival, including
willfully impeding relief supplies as provided for under the Geneva
Conventions and their Additional Protocols;

22. In an international armed conflict, compelling the nationals of


the hostile party to take part in the operations of war directed against
their own country, even if they were in the belligerent’s service before
the commencement of the war;

23. In an international armed conflict, declaring abolished,


suspended or inadmissible in a court of law the rights and actions of
the nationals of the hostile party;

24. Committing any of the following acts:

a. Conscripting, enlisting or recruiting children under the age of


fifteen(15) years into the national armed forces;
b. Conscripting, enlisting or recruiting children under the age of
eighteen (18) years into an armed force or group other than the
national armed forces; and
c. Using children under the age of eighteen (18) years to
participate actively in hostilities; and

25. Employing means of warfare which are prohibited under


international law, such as:

a. Poison or poisoned weapons;

b. Asphyxiating, poisonous or other gases, and all analogous


liquids, materials or devices;

c. Bullets which expand or flatten easily in the human body, such


as bullets with hard envelopes which do not entirely cover the
core or are pierced with incisions; and

d. Weapons, projectiles and material and methods of warfare which


are of the nature to cause superfluous injury or unnecessary
suffering or which are inherently indiscriminate in violation of the
international law of armed conflict.

Genocide

R.A. 9851 defines Genocide as acts with the intent to destroy, in whole or in
part, a national, ethnic, racial, religious, social or any other similar stable
and permanent group as such:

1. Killing members of the group;


2. Causing serious bodily or mental harm to members of the group;
3. Deliberately inflicting on the group conditions of life calculated to
bring about its physical destruction in whole or in part;
4. Imposing measures intended to prevent births within the group; and
5. Forcibly transferring children of the group to another group.

R.A. 9851 also makes it unlawful for any person to directly and publicly incite
others to commit genocide.

Other Crimes against Humanity

Other Crimes against Humanity refers to any of the following acts when
committed as part of a widespread or systematic attack directed against any
civilian population, with knowledge of the attack:
1. Willful killing;
2. Extermination;
3. Enslavement;
4. Arbitrary deportation or forcible transfer of population;
5. Imprisonment or other severe deprivation of physical liberty in
violation of fundamental rules of international law;
6. Torture;
7. Rape, sexual slavery, enforced prostitution, forced pregnancy,
enforced sterilization, or any other form of sexual violence of
comparable gravity;
8. Persecution against any identifiable group or collectivity on political
racial, national, ethnic, cultural, religious, gender, sexual orientation
or other grounds that are universally recognized as impermissible
under international law, in connection with any act referred to in
this paragraph or any crime defined in this Act;
9. Enforced or involuntary disappearance of persons;
10. Apartheid; and
11. Other inhumane acts of a similar character intentionally causing
great suffering, or serious injury to body or to mental or physical
health.

[REPUBLIC ACT NO. 9745]

AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND


DEGRADING TREATMENT OR PUNISHMENT AND PRESCRIBING
PENALTIES THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines


in Congress assembled:

SECTION 1. Short Title. — This Act shall be known as the “Anti-Torture Act of
2009”.

SEC. 2. Statement of Policy. — It is hereby declared the policy of the State:

(a) To value the dignity of every human person and guarantee full respect for
human rights;

(b) To ensure that the human rights of all persons, including suspects,
detainees and prisoners are respected at all times; and that no person
placed under investigation or held in custody of any person in authority or,
agent of a person in authority shall be subjected to physical, psychological or
mental harm, force, violence, threat or intimidation or any act that impairs
his/her free will or in any manner demeans or degrades human dignity;

(c) To ensure that secret detention places, solitary, incommunicado or other


similar forms of detention, where torture may be carried out with impunity,
are prohibited; and

(d) To fully adhere to the principles and standards on the absolute


condemnation and prohibition of torture as provided for in the 1987
Philippine Constitution; various international instruments to which the
Philippines is a State party such as, but not limited to, the International
Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights
of the Child (CRC), the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) and the Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); and
all other relevant international human rights instruments to which the
Philippines is a signatory.

SEC. 3. Definitions. — For purposes of this Act, the following terms shall
mean:

(a) “Torture” refers to an act by which severe pain or suffering, whether


physical or mental, is intentionally inflicted on a person for such purposes as
obtaining from him/her or a third person information or a confession;
punishing him/her for an act he/she or a third person has committed or is
suspected of having committed; or intimidating or coercing him/her or a third
person; or for any reason based on discrimination of any kind, when such
pain or suffering is inflicted by or at the instigation of or with the consent or
acquiescence of a person in authority or agent of a person in authority. It
does not include pain or suffering arising only from, inherent in or incidental
to lawful sanctions.

(b) “Other cruel, inhuman and degrading treatment or punishment” refers to


a deliberate and aggravated treatment or punishment not enumerated under
Section 4 of this Act, inflicted by a person in authority or agent of a person in
authority against a person under his/her custody, which attains a level of
severity causing suffering, gross humiliation or debasement to the latter.

(c) “Victim” refers to the person subjected to torture or other cruel, inhuman
and degrading treatment or punishment as defined above and any individual
who has suffered harm as a result of any act(s) of torture, or other cruel,
inhuman and degrading treatment or punishment.

(d) “Order of Battle” refers to any document or determination made by the


military, police or any law enforcement agency of the government, listing the
names of persons and organizations that it perceives to be enemies of the
State and that it considers as legitimate targets as combatants that it could
deal with, through the use of means allowed by domestic and international
law.

SEC. 4. Acts of Torture. — For purposes of this Act, torture shall include, but
not be limited to, the following:

(a) Physical torture is a form of treatment or punishment inflicted by a


person in authority or agent of a person in authority upon another in his/her
custody that causes severe pain, exhaustion, disability or dysfunction of one
or more parts of the body, such as:

(1) Systematic beating, head-banging, punching, kicking, striking with


truncheon or rifle butt or other similar objects, and jumping on the stomach;

(2) Food deprivation or forcible feeding with spoiled food, animal or human
excreta and other stuff or substances not normally eaten;

(3) Electric shock;

(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the
rubbing of pepper or other chemical substances on mucous membranes, or
acids or spices directly on the wound(s);

(5) The submersion of the head in water or water polluted with excrement,
urine, vomit and/or blood until the brink of suffocation;

(6) Being tied or forced to assume fixed and stressful bodily position;

(7) Rape and sexual abuse, including the insertion of foreign objects into the
sex organ or rectum, or electrical torture of the genitals;

(8) Mutilation or amputation of the essential parts of the body such as the
genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;

(10) Pulling out of fingernails;

(11) Harmful exposure to the elements such as sunlight and extreme cold;

(12) The use of plastic bag and other materials placed over the head to the
point of asphyxiation;

(13) The use of psychoactive drugs to change the perception, memory,


alertness or will of a person, such as:

(i) The administration of drugs to induce confession and/or reduce mental


competency; or

(ii) The use of drugs to induce extreme pain or certain symptoms of a


disease; and

(14) Other analogous acts of physical torture; and

(b) “Mental/Psychological Torture” refers to acts committed by a person in


authority or agent of a person in authority which are calculated to affect or
confuse the mind and/or undermine a person’s dignity and morale, such as:

(1) Blindfolding;

(2) Threatening a person(s) or his/her relative(s) with bodily harm, execution


or other wrongful acts;

(3) Confinement in solitary cells or secret detention places;

(4) Prolonged interrogation;

(5) Preparing a prisoner for a “show trial”, public display or public humiliation
of a detainee or prisoner;

(6) Causing unscheduled transfer of a person deprived of liberty from one


place to another, creating the belief that he/she shall be summarily
executed;

(7) Maltreating a member/s of a person’s family;

(8) Causing the torture sessions to be witnessed by the person’s family,


relatives or any third party;

(9) Denial of sleep/rest;

(10) Shame infliction such as stripping the person naked, parading him/her in
public places, shaving the victim’s head or putting marks on his/her body
against his/her will;

(11) Deliberately prohibiting the victim to communicate with any member of


his/her family; and

(12) Other analogous acts of mental/psychological torture.


SEC. 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. —
Other cruel, inhuman or degrading treatment or punishment refers to a
deliberate and aggravated treatment or punishment not enumerated under
Section 4 of this Act, inflicted by a person in authority or agent of a person in
authority against another person in custody, which attains a level of severity
sufficient to cause suffering, gross humiliation or debasement to the latter.
The assessment of the level of severity shall depend on all the circumstances
of the case, including the duration of the treatment or punishment, its
physical and mental effects and, in some cases, the sex, religion, age and
state of health of the victim.

SEC. 6. Freedom from Torture and Other Cruel, Inhuman and Degrading
Treatment or Punishment, an Absolute Right. — Torture and other cruel,
inhuman and degrading treatment or punishment as criminal acts shall apply
to all circumstances. A state of war or a threat of war, internal political
instability, or any other public emergency, or a document or any
determination comprising an “order of battle” shall not and can never be
invoked as a justification for torture and other cruel, inhuman and degrading
treatment or punishment.

SEC. 7. Prohibited Detention. — Secret detention places, solitary


confinement, incommunicado or other similar forms of detention, where
torture may be carried out with impunity, are hereby prohibited.

In which case, the Philippine National Police (PNP), the Armed Forces of the
Philippines (AFP) and other law enforcement agencies concerned shall make
an updated list of all detention centers and facilities under their respective
jurisdictions with the corresponding data on the prisoners or detainees
incarcerated or detained therein such as, among others, names, date of
arrest and incarceration, and the crime or offense committed. This list shall
be made available to the public at all times, with a copy of the complete list
available at the respective national headquarters of the PNP and AFP. A copy
of the complete list shall likewise be submitted by the PNP, AFP and all other
law enforcement agencies to the Commission on Human Rights (CHR), such
list to be periodically updated, by the same agencies, within the first five (5)
days of every month at the minimum. Every regional office of the PNP, AFP
and other law enforcement agencies shall also maintain a similar list for all
detainees and detention facilities within their respective areas, and shall
make the same available to the public at all times at their respective regional
headquarters, and submit a copy, updated in the same manner provided
above, to the respective regional offices of the CHR.

SEC. 8. Applicability of the Exclusionary Rule; Exception. — Any confession,


admission or statement obtained as a result of torture shall be inadmissible
in evidence in any proceedings, except if the same is used as evidence
against a person or persons accused of committing torture.

SEC. 9. Institutional Protection of Torture Victims and Other Persons


Involved. — A victim of torture shall have the following rights in the
institution of a criminal complaint for torture:

(a) To have a prompt and an impartial investigation by the CHR and by


agencies of government concerned such as the Department of Justice (DOJ),
the Public Attorney’s Office (PAO), the PNP, the National Bureau of
Investigation (NBI) and the AFP. A prompt investigation shall mean a
maximum period of sixty (60) working days from the time a complaint for
torture is filed within which an investigation report and/or resolution shall be
completed and made available. An appeal whenever available shall be
resolved within the same period prescribed herein;

(b) To have sufficient government protection against all forms of harassment,


threat and/or intimidation as a consequence of the filing of said complaint or
the presentation of evidence therefor. In which case, the State through its
appropriate agencies shall afford security in order to ensure his/her safety
and all other persons involved in the investigation and prosecution such as,
but not limited to, his/her lawyer, witnesses and relatives; and

(c) To be accorded sufficient protection in the manner by which he/she


testifies and presents evidence in any fora in order to avoid further trauma.

SEC. 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas Data
Proceedings and Compliance with a Judicial Order. — A writ of habeas corpus
or Writ of Amparo or Writ of Habeas Data proceeding, if any, filed on behalf
of the victim of torture or other cruel, degrading and inhuman treatment or
punishment shall be disposed of expeditiously and any order of release by
virtue thereof, or other appropriate order of a court relative thereto, shall be
executed or complied with immediately.

SEC. 11. Assistance in Filing a Complaint. — The CHR and the PAO shall
render legal assistance in the investigation and monitoring and/or filing of
the complaint for a person who suffers torture and other cruel, inhuman and
degrading treatment or punishment, or for any interested party thereto.

The victim or interested party may also seek legal assistance from the
Barangay Human Rights Action Center (BHRAC) nearest him/her as well as
from human rights nongovernment organizations (NGOs).

SEC. 12. Right to Physical, Medical and Psychological Examination. — Before


and after interrogation, every person arrested, detained or under custodial
investigation shall have the right to be informed of his/her right to demand
physical examination by an independent and competent doctor of his/her
own choice. If such person cannot afford the services of his/her own doctor,
he/she shall be provided by the State with a competent and independent
doctor to conduct physical examination. The State shall endeavor to provide
the victim with psychological evaluation if available under the circumstances.
If the person arrested is a female, she shall be attended to preferably by a
female doctor. Furthermore, any person arrested, detained or under custodial
investigation, including his/her immediate family, shall have the right to
immediate access to proper and adequate medical treatment.

The physical examination and/or psychological evaluation of the victim shall


be contained in a medical report, duly signed by the attending physician,
which shall include in detail his/her medical history and findings, and which
shall be attached to the custodial investigation report. Such report shall be
considered a public document.

Following applicable protocol agreed upon by agencies tasked to conduct


physical, psychological and mental examinations, the medical reports shall,
among others, include:

(a) The name, age and address of the patient or victim;


(b) The name and address of the nearest kin of the patient or victim;

(c) The name and address of the person who brought the patient or victim for
physical, psychological and mental examination, and/or medical treatment;

(d) The nature and probable cause of the patient or victim’s injury, pain and
disease and/or trauma;

(e) The approximate time and date when the injury, pain, disease and/or
trauma was/were sustained;

(f) The place where the injury, pain, disease and/or trauma was/were
sustained;

(g) The time, date and nature of treatment necessary; and

(h) The diagnosis, the prognosis and/or disposition of the patient.

Any person who does not wish to avail of the rights under this provision may
knowingly and voluntarily waive such rights in writing, executed in the
presence and assistance of his/her counsel.

SEC. 13. Who are Criminally Liable — Any person who actually participated or
induced another in the commission of torture or other cruel, inhuman and
degrading treatment or punishment or who cooperated in the execution of
the act of torture or other cruel, inhuman and degrading treatment or
punishment by previous or simultaneous acts shall be liable as principal.

Any superior military, police or law enforcement officer or senior government


official who issued an order to any lower ranking personnel to commit torture
for whatever purpose shall be held equally liable as principals.

The immediate commanding officer of the unit concerned of the AFP or the
immediate senior public official of the PNP and other law enforcement
agencies shall be held liable as a principal to the crime of torture or other
cruel or inhuman and degrading treatment or punishment for any act or
omission, or negligence committed by him/her that shall have led, assisted,
abetted or allowed, whether directly or indirectly, the commission thereof by
his/her subordinates. If he/she has knowledge of or, owing to the
circumstances at the time, should have known that acts of torture or other
cruel, inhuman and degrading treatment or punishment shall be committed,
is being committed, or has been committed by his/her subordinates or by
others within his/her area of responsibility and, despite such knowledge, did
not take preventive or corrective action either before, during or immediately
after its commission, when he/she has the authority to prevent or investigate
allegations of torture or other cruel, inhuman and degrading treatment or
punishment but failed to prevent or investigate allegations of such act,
whether deliberately or due to negligence shall also be liable as principals.

Any public officer or employee shall be liable as an accessory if he/she has


knowledge that torture or other cruel, inhuman and degrading treatment or
punishment is being committed and without having participated therein,
either as principal or accomplice, takes part subsequent to its commission in
any of the following manner:
(a) By themselves profiting from or assisting the offender to profit from the
effects of the act of torture or other cruel, inhuman and degrading treatment
or punishment;

(b) By concealing the act of torture or other cruel, inhuman and degrading
treatment or punishment and/or destroying the effects or instruments
thereof in order to prevent its discovery; or

(c) By harboring, concealing or assisting in the escape of the principals in the


act of torture or other cruel, inhuman and degrading treatment or
punishment: Provided, That the accessory acts are done with the abuse of
the official’s public functions.

SEC. 14. Penalties. — (a) The penalty of reclusion perpetua shall be imposed
upon the perpetrators of the following acts:

(1) Torture resulting in the death of any person;

(2) Torture resulting in mutilation;

(3) Torture with rape;

(4) Torture with other forms of sexual abuse and, in consequence of torture,
the victim shall have become insane, imbecile, impotent, blind or maimed for
life; and

(5) Torture committed against children.

(b) The penalty of reclusion temporal shall be imposed on those who commit
any act of mental/psychological torture resulting in insanity, complete or
partial amnesia, fear of becoming insane or suicidal tendencies of the victim
due to guilt, worthlessness or shame.

(c) The penalty of prision correccional shall be imposed on those who commit
any act of torture resulting in psychological, mental and emotional harm
other than those described in paragraph (b) of this section.

(d) The penalty of prision mayor in its medium and maximum periods shall
be imposed if, in consequence of torture, the victim shall have lost the power
of speech or the power to hear or to smell; or shall have lost an eye, a hand,
a foot, an arm or a leg; or shall have lost the use of any such member; or
shall have become permanently incapacitated for labor.

(e) The penalty of prision mayor in its minimum and medium periods shall be
imposed if, in consequence of torture, the victim shall have become
deformed or shall have lost any part of his/her body other than those
aforecited, or shall have lost the use thereof, or shall have been ill or
incapacitated for labor for a period of more than ninety (90) days.

(f) The penalty of prision correccional in its maximum period to prision


mayor in its minimum period shall be imposed if, in consequence of torture,
the victim shall have been ill or incapacitated for labor for more than thirty
(30) days but not more than ninety (90) days.
(g) The penalty of prision correccional in its minimum and medium period
shall be imposed if, in consequence of torture, the victim shall have been ill
or incapacitated for labor for thirty (30) days or less.

(h) The penalty of arresto mayor shall be imposed for acts constituting cruel,
inhuman or degrading treatment or punishment as defined in Section 5 of
this Act.

(i) The penalty of prision correccional shall be imposed upon those who
establish, operate and maintain secret detention places and/or effect or
cause to effect solitary confinement, incommunicado or other similar forms
of prohibited detention as provided in Section 7 of this Act where torture may
be carried out with impunity.

(j) The penalty of arresto mayor shall be imposed upon the responsible
officer/s or personnel of the AFP, the PNP and other law enforcement
agencies for failure to perform his/her duty to maintain, submit or make
available to the public an updated list of detention centers and facilities with
the corresponding data on the prisoners or detainees incarcerated or
detained therein, pursuant to Section 7 of this Act.

SEC. 15. Torture as a Separate and Independent Crime. — Torture as a crime


shall not absorb or shall not be absorbed by any other crime or felony
committed as a consequence, or as a means in the conduct or commission
thereof. In which case, torture shall be treated as a separate and
independent criminal act whose penalties shall be imposable without
prejudice to any other criminal liability provided for by domestic and
international laws.

SEC. 16. Exclusion from the Coverage of Special Amnesty Law. — In order not
to depreciate the crime of torture, persons who have committed any act of
torture shall not benefit from any special amnesty law or similar measures
that will have the effect of exempting them from any criminal proceedings
and sanctions.

SEC. 17. Applicability of Refouler. — No person shall be expelled, returned or


extradited to another State where there are substantial grounds to believe
that such person shall be in danger of being subjected to torture. For the
purposes of determining whether such grounds exist, the Secretary of the
Department of Foreign Affairs (DFA) and the Secretary of the DOJ, in
coordination with the Chairperson of the CHR, shall take into account all
relevant considerations including, where applicable and not limited to, the
existence in the requesting State of a consistent pattern of gross, flagrant or
mass violations of human rights.

SEC. 18. Compensation to Victims of Torture. — Any person who has suffered
torture shall have the right to claim for compensation as provided for under
Republic Act No. 7309: Provided, That in no case shall compensation be any
lower than Ten thousand pesos (P10,000.00). Victims of torture shall also
have the right to claim for compensation from such other financial relief
programs that may be made available to him/her under existing law and
rules and regulations.

SEC. 19. Formulation of a Rehabilitation Program. — Within one (1) year from
the effectivity of this Act, the Department of Social Welfare and Development
(DSWD), the DOJ and the Department of Health (DOH) and such other
concerned government agencies, and human rights organizations shall
formulate a comprehensive rehabilitation program for victims of torture and
their families. The DSWD, the DOJ and the DOH shall also call on human
rights nongovernment organizations duly recognized by the government to
actively participate in the formulation of such program that shall provide for
the physical, mental, social, psychological healing and development of
victims of torture and their families. Toward the attainment of restorative
justice, a parallel rehabilitation program for persons who have committed
torture and other cruel, inhuman and degrading punishment shall likewise be
formulated by the same agencies.

SEC. 20. Monitoring of Compliance with this Act. — An Oversight Committee


is hereby created to periodically oversee the implementation of this Act. The
Committee shall be headed by a Commissioner of the CHR, with the following
as members: the Chairperson of the Senate Committee on Justice and
Human Rights, the respective Chairpersons of the House of Representatives’
Committees on Justice and Human Rights, and the Minority Leaders of both
houses or their respective representatives in the minority.

SEC. 21. Education and Information Campaign. — The CHR, the DOJ, the
Department of National Defense (DND), the Department of the Interior and
Local Government (DILG) and such other concerned parties in both the public
and private sectors shall ensure that education and information regarding
prohibition against torture and other cruel, inhuman and degrading
treatment or punishment shall be fully included in the training of law
enforcement personnel, civil or military, medical personnel, public officials
and other persons who may be involved in the custody, interrogation or
treatment of any individual subjected to any form of arrest, detention or
imprisonment. The Department of Education (DepED) and the Commission
on Higher Education (CHED) shall also ensure the integration of human rights
education courses in all primary, secondary and tertiary level academic
institutions nationwide.

SEC. 22. Applicability of the Revised Penal Code. — The provisions of the
Revised Penal Code insofar as they are applicable shall be suppletory to this
Act. Moreover, if the commission of any crime punishable under Title Eight
(Crimes Against Persons) and Title Nine (Crimes Against Personal Liberty and
Security) of the Revised Penal Code is attended by any of the acts
constituting torture and other cruel, inhuman and degrading treatment or
punishment as defined herein, the penalty to be imposed shall be in its
maximum period.

SEC. 23. Appropriations. — The amount of Five million pesos


(Php5,000,000.00) is hereby appropriated to the CHR for the initial
implementation of this Act. Thereafter, such sums as may be necessary for
the continued implementation of this Act shall be included in the annual
General Appropriations Act.

SEC. 24. Implementing Rules and Regulations. — The DOJ and the CHR, with
the active participation of human rights nongovernmental organizations,
shall promulgate the rules and regulations for the effective implementation
of this Act. They shall also ensure the full dissemination of such rules and
regulations to all officers and members of various law enforcement agencies.
SEC. 25. Separability Clause. — If any provision of this Act is declared invalid
or unconstitutional, the other provisions not affected thereby shall continue
to be in full force and effect.

SEC. 26. Repealing Clause. — All laws, decrees, executive orders or rules and
regulations contrary to or inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 27. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of
general circulation.

-END-

Gender and development (GAD)

The Gender and Development (GAD) approach focuses on the socially constructed differences between
men and women, the need to challenge existing gender roles and relations, and the creation and effects of class
differences on development. This approach was majorly influenced by the writings of academic scholars such as
Oakley and Rubin ), who argue the social relationship between men and women have systematically subordinated
women, along with economist scholars Lourdes Benería and Amartya Sen, who assess the impact of colonialism on
development and gender inequality. They state that colonialism imposed more than a 'value system' upon
developing nations, it introduced a system of economics 'designed to promote capital accumulation which caused
class differentiation'.

GAD departs from WID, which discussed women's subordination and lack of inclusion in discussions of
international development without examining broader systems of gender relations. Influenced by this work, by
the late 1970s, some practitioners working in the development field questioned focusing on women in isolation.
GAD challenged the WID focus on women as an important ‘target group’ and ‘untapped resources’ for
development. GAD marked a shift in thinking about the need to understand how women and men are socially
constructed and how ‘those constructions are powerfully reinforced by the social activities that both define and
are defined by them.’ GAD focuses primarily on the gendered division of labor and gender as a relation of power
embedded in institutions. Consequently, two major frameworks ‘Gender roles’ and ‘social relations analysis’ are
used in this approach. 'Gender roles' focuses on the social construction of identities within the household; it also
reveals the expectations from ‘maleness and femaleness’ in their relative access to resources. 'Social relations
analysis' exposes the social dimensions of hierarchical power relations embedded in social institutions, as well as
its determining influence on ‘the relative position of men and women in society.’ This relative positioning tends to
discriminate against women.

Unlike WID, the GAD approach is not concerned specifically with women, but with the way in which a
society assigns roles, responsibilities and expectations to both women and men. GAD applies gender analysis to
uncover the ways in which men and women work together, presenting results in neutral terms of economics and
efficiency. In an attempt to create gender equality (denoting women having the same opportunities as men,
including ability to participate in the public sphere), GAD policies aim to redefine traditional gender role
expectations. Women are expected to fulfill household management tasks, home-based production as well as
bearing and raising children and caring for family members. The role of a wife is largely interpreted as 'the
responsibilities of motherhood.' Men, however, are expected to be breadwinners, associated with paid work and
market production. In the labor market, women tend to earn less than men. For instance, 'a study by the Equality
and Human Rights Commission found massive pay inequities in some United Kingdom's top finance companies,
women received around 80 percent less performance-related pay than their male colleagues.' In response to
pervasive gender inequalities, Beijing Platform for Action established gender mainstreaming in 1995 as a strategy
across all policy areas at all levels of governance for achieving gender equality.

The Gender Sensitivity Training, on the other hand, is an initial effort to show how gender shapes the roles
of women and men in society, including their role in development, and how it affects relations between them. It is
given to those who have very little gender awareness or none at all. For people in government to appreciate GAD
and eventually become its advocate, they first have to heighten their awareness of gender concerns and be willing
to respond to gender issues.

Gender sensitivity is the act of being aware of the ways people think about gender, so that individuals rely
less on assumptions about traditional and outdated views on the roles of men and women. In language and the
humanities, this is often expressed through people’s language choice. People can choose more inclusive language
that doesn’t define gender, and many new words that are gender neutral have entered languages like English to
substitute for more gender specific terms.

For centuries, many words referring to all people were specifically masculine. Terms like “man,” and
“mankind,” which are used to describe all human beings, exclude females. While some people argue that such
terms do include women, it’s been argued that these words have a belittling effect on women. True gender
sensitivity, it is said, moves past these terms to include all and exclude none.

It is further contended by experts that the use of such terms is by no means innocent, and they have a
negative cultural effect felt beyond the words. By making women either absent or non-apparent in terms like
“mankind,” they become worthless and society will see them as possessing less value. This societal view in extreme
forms is of detriment and corresponds to discrimination and even, arguably, things like greater violence against
women.

B. Four Premises of Gender Training

1. GAD is not a war of the sexes

2. GAD is not anti-male


3. Both women and men and victims of gender inequality, although the victims are more often women,
than men; and

4. Both women and men have a stake in the struggle for gender equality.

C. Legal Bases for GAD

1. Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW)

Also known as:

International Bill of Rights for Women

Women’s Convention

United Nations Treatyfor the Rights of Women

History of CEDAW

• The Philippines through Leticia Ramos-Shahani prepared the first draft of CEDAW adopted by the
United Nations (Dec. 18, 1979 during UN Decade for Women) as a basic working paper. Co-sponsored by Russian
delegate

• The Philippines signed CEDAW on July 15, 1980 and ratified it on August 5, 1981.

• It had 189 out of 191 state parties

• 2nd to Convention on the Rights of the Child (CRC) as most highly rated treaty

Took effect until Sept. 3, 1981

• Points out the existing discrimination against women and that international human rights
machineries had been insufficient to guarantee the protection of women’s human rights

• As State Party to CEDAW, the Philippine Government recognizes that discrimination and
inequality against women exist and that there is a need for state action. State Parties are bound to RESPECT,
PROTECT and FULFILL women’s rights

Since ratifying CEDAW what have we got?

• Laws protecting women from violence

RA 7877 Anti-Sexual Harassment Act

RA 8353 Anti Rape Law

RA 8505 Rape Victim Assistance and Protection Act

RA 9208 Anti Trafficking in Persons Act

RA 9262 Anti Violence Against Women and Children Act

Family Code

Women’s and children’s desks and services, (PNP, DOH, DSWD, NBI, CHR, LGUs, etc.)

RA 9710 Magna Carta of Women

Gender and Development (GAD) mainstreaming in government plans, policies and programs

GAD budget policy: 5% allocation from total budgets for women

Start of sex-disaggregated data

Special Temporary Measures at Protecting Maternity

CBA on maternity related provisions like flexible working hours for pregnant women, relief from heavy
work

Maternity Leave including unmarried civil servants

Improving Economic Life


Information and support services to women overseas workers

RA 8042 Migrant Workers and Overseas Filipinos Act

Deployment of social workers and labor attaches

Comprehensive orientation program for entertainers

Pre-departure and pre-employment orientation seminars

INTERNATIONAL MANDATES

 The United Nations Convention on the Elimination of All Forms of Discrimination Against Women
(UN-CEDAW, ratified 1982) it calls for gender equality in all fields, affirmative action for women and protection of
women from violence

 The Nairobi Forward-Looking Strategies for the Advancement of Women (1985) the
strategies link the three goals (equality, development and peace) to the three sub-themes: employment, health
and education

 UN Conference on Environment and Development (UNCED) 1992

Presented a global action plan to institutionalize the role of women in environment and development
(Agenda 21)

 UN Conference on Environment and Development (UNCED) 1992

Presented a global action plan to institutionalize the role of women in environment and development
(Agenda 21)

International Commitments

 UN Conferences on Women (Mexico, Copenhagen, New York)

 International Conference on Population and Development (Cairo, 1994)

 World Summit for Social Development

 Habitat Conference

 Human Rights Conference in Vienna

 International Convention on Environment and Development (UNCED) 1992

 Convention on the Rights of the Child

 Millenium Development Goals

National Legislations/Policies

 1987 Philippine Constitution

Article II, Section 14 The State recognizes the role of women in nation-building and shall ensure
the fundamental equality before the law of women and men

Article XIII, Section 14

The State shall protect working women by providing safe and healthful working conditions,
taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare
and enable them to realize their full potential in the service of the nation

Gender and Development

What is GAD?

 Gender and Development (GAD) - refers to a development approach that seeks to equalize the
status and condition of and relations between women and men by influencing the processes and
outputs of policymaking, planning, budgeting, implementation, and monitoring and evaluation so
that they would definitely address gender issues and concerns affecting the full development of
women.
• is an approach to or paradigm of development focusing on social, economic, political and cultural
forces that determines how differently women and men participate in, benefit from, and control resources and
activities.

• It shifts the focus from women as a group to the socially-determined relations between women
and men.

• Concepts in GAD: women’s position and situation, sex and gender roles, practical and strategic
needs, opportunities and constraints, types of work, gender division of labor, levels of participation, access and
control of resources, benefits and services, influencing factors, potentials for transformation.

GENDER RELATED CONCEPTS

SEX and GENDER.

This topic will begin by defining what gender sensitivity means and then examine how to differentiate sex
from gender. Differentiating between gender and sex will put the way we should look at gender roles and gender
stereotypes into the proper perspective.

1. Gender Sensitivity - Gender sensitivity is the ability to recognize gender issues, especially
women’s different perceptions and interests arising from their unique social location and gender roles. It calls for
an understanding and consideration of the socio-cultural factors underlying discrimination based on sex (whether
against women or men!).

2. Basic Premises on Gender Equality – This is borne by the fact that normally “gender sensitivity”
is perceived to be anti-male or to promise a “war between the sexes”. In order to destroy the mental wall that
blocks some participants, it is worth immediately stating the following important points about gender sensitivity:
a) Not a war between sexes; b) Not anti-male; c) Both women and men are victims although there are more
women victims than men; d) Both men and women have a stake in the struggle.

3. Sex and Gender –

SEX: identifies the biological difference between men and women. Sex Identity is determined by
reference to genetic and anatomical characteristics. SEX is largely unchangeable.

GENDER: refers to the culturally or socially constructed roles ascribed to males and females. GENDER
identifies the social relations between men and women. GENDER is an acquired identity. It refers to all differences
except those that are strictly biological. Generally, there are two types of genders, the masculine and feminine.
Since GENDER is cultural and social it can be changed, as culture itself is dynamic.

4. SEX-GENDER System – A lot of cultures tend to see gender as a natural phenomenon deriving
from biological differences between women and men. This is what social scientists call a sex-gender system.
However, understandings of masculine or feminine differ across culture or geographic locations. For instance, in
some parts of India and Thailand construction work is considered to be a lowly job reserved only for women, as
opposed to the Philippine society’s conception that it requires physical strength that only men can perform.
Besides cultural or geographic differences, factors such as socio-economic class and race can also greatly influence
how genders are treated. One area where we often see gender bias is with overseas female migrant workers.
They may face discrimination because they are foreign (race/ethnic issue), women working in patriarchal societies
(gender/sex issues), and coming from low socioeconomic classes (economics/class).

5. The basic element in any contemporary sex gender system across culture and geographic
locations is the difference in gender roles that leads to a sexual division of labor.

GENDER ROLES, STEREOTYPES AND GENDER IDEOLOGY.

1. SEX ROLES versus GENDER ROLES-


SEX ROLES refer to an occupation or biological function for which a necessary qualification is to belong to
one particular sex category. For example, pregnancy is a female sex role because only members of the female sex
may bear children.

GENDER ROLES ARE LEARNED BEHAVIORS IN A GIVEN SOCIETY / COMMUNITY, OR OTHER SPECIAL GROUP
that condition us to perceive certain activities, tasks and responsibilities as male or female. In most present day
societies, this sexual division of labor is rooted in what is technically known as a production-reproduction
distinction.

2. Sexual Division of Labor and the Production-Reproduction Distinction - This is first manifested at home
then replicated in the work that men and women engage in outside the home.

Production refers to the production of goods and services for exchange rather than for personal or
immediate consumption. These goods or services usually have a corresponding fee, salary or economic value. This
is considered a male sphere, and generally known as the public sphere (e.g., construction work, factory work, office
work, etc.)

Reproduction refers to both biological reproduction and tasks usually associated with it such as
child rearing, housekeeping, etc. that are necessary for survival but given no economic value. This is usually the
women’s world, and often known simply as the private sphere. Even when women work outside the home, their
jobs are frequently a replication of their tasks in the private sphere, such as domestic work and care giving.
However the identical work in the private sphere is not given any economic value.

What is problematic about Gender Roles and Sexual Division of Labor?

Gender roles are roles that are usually classified by sex, where this classification is social, and not
biological. For example, if child rearing is classified as a female role, it is a female gender role, not a female sex
role, since men or women can do child rearing.

The problem arises when gender roles are defined in terms of biology or sex instead of using cultural or
social terms. When roles are defined in terms of sex, they are unchangeable, whereas when defined in terms of
gender as cultural or social constructs, roles can be changed and improved. It becomes a problem particularly
when these gender roles relate to, or lead to, gender stereotypes, which find justification in gender ideology.

4. Gender Stereotypes - An over-generalized belief in the characteristics of a person based simply on their
gender. It is a rigidly held and oversimplified belief that all males and females possess distinct psychological and
behavioral traits.

5. GENDER IDEOLOGY – determines: a) What is expected of us b) What is allowed of us c) What is valued


in us The most common basis of gender ideology is biological determinism, that is, that the biological differences
between men and women automatically translate into differences in their social roles. As stated above, since
women are the child-bearers, which is a biological function, they are automatically ascribed connected roles such
as childrearing and housekeeping, as if men were not capable of these activities.

6. What is wrong with sex-gender systems, gender roles, gender stereotypes and gender ideologies?

GENDER HAS IMPLICATIONS FOR EQUALITY BETWEEN MEN & WOMEN. GENDER limits the potential of
both men and women, making them both victims. For example, boys and men are commonly told, “boys don’t
cry”. This results in an expectation that men should keep their emotions to themselves; a stance that modern
psychology tells us can psychologically unhealthy.

On the other hand, women are perceived to be weaker and more emotional than men. The types of work
opportunities that are opened to women correspond to this particular perception of women’s capacities. This
limits women’s opportunities, pushing them towards positions such as domestic or secretarial work, instead of
managerial positions where intellect is valued over emotion. This leads to gender discrimination and
subordination.

Gender discrimination - Differential treatment of individuals on the basis of their gender. In many
societies, this involves systemic and structural discrimination against women in the distribution of income, access
to resources, and participation in decision -making (access to opportunities). It is the prejudicial treatment of a
person on the basis of a gender stereotype.
Gender subordination – Describes the secondary position that women occupy in society in relation to
men.

In sum, these sex-gender systems, gender ideology, and gender-stereotypes can have a detrimental effect
on the lives of men and women. Dignity, or the self-worth or inner worth of the individual, is the foundation of
human rights.

Again, if gender is defined in terms of sex, such as in gender roles and ideologies, then anything that is
detrimental to either women or men (gender discrimination and subordination) can be justified as natural and
unchangeable, thereby affirming the status quo. Whereas if gender is viewed from the proper perspective, as a
social construct, there can be hope that gender subordination and discrimination, no matter how long-standing,
can still be addressed and changed. In this way the dignity of each person can still be upheld.

V. Mechanism of Institution of Socialization (Factors and forces that shape gender)

A. Gender Socialization – the process of learning and internalizing culturally approved ways of thinking,
feeling and behaving according to one’s gender. This is done through the following processes:

1. Manipulation

2. Canalization

3. Verbal Appellation

4. Activity Exposure

5. Gender Stereotyping

B. Institution of Mass Gender Subordination

Gender Socializat/ion is shaped by:

1. Family – earliest socializing agent

2. The School/Formal Education

3. Mass Media - include all forms: radio, television, print media, electronic media, social media, etc.
It is a gender socializing factor through:

Commercialization of women

Presentation of women as sex objects

Degrading portrayal of women

4. Religion – propagation of anti-women or discriminating doctrines

5. Language – use of sexist language

6. The State - becomes a gender socializing factor through:

Created and implemented laws and policies

Political Participation and representation

C. Herstory

Position and Roles of Women in Different Periods in Philippine History

Historical Influences

Pre colonial Period

• High regard for women

• Bilateral kinship system and family structure showed egalitarian tendencies


• The woman enjoyed equal inheritance from parents and equal share of property upon ‘death of
husband

• Adaptive strategy for economic survival emphasized cooperation and interdependence between
genders

• Division of labor existed and enabled women to be part of productive forces

• Customary laws allowed women to engage in trade, determine the number of children, pursue
separation if marital woes persisted and assume chieftainmanship in the absence of male successors

• Women held important positions as arbiters, advisers and ritual specialist

• Babaylan was a specialist group in pre-colonial Philippines along with the local rulers and
technicians, alternatively described as religious functionaries, diviners, healers, astronomers and interpreters
of culture

• Older women predominated among them; when male performed the ritual he usually dressed
himself as a woman (asog) lost her distinction when Spanish missionaries

• became, herbalist, hilot, practioner of witchcraft, undermined and depicted as witches or


bruhas, even subjected to superstition

VIII. Gender Related Laws and Decrees in Support of Women’s Welfare and Rights-Related Laws

A. Laws/Decrees,etc.

 Family Code of 1987

 Philippine Development Plan for Women (PDPW) 1989-1992 Served as government blueprint for
integrating in development process (EO No. 273)

WEF – Women’s Empowerment Framework (economic, rights, good governance)

Women’s Equality Development and Gender Equity

 RA 7192 Women in Development and Nation-Building Act which promotes the integration of
women as full partners of men in development and nation building

 Section 28 of the General Appropriations Act (GAA) from 1995-2000 directing government
entities to formulate a GAD plan, the cost of which shall not be less than 5% of their yearly budget, otherwise
known as the GAD budget

 Executive Order (EO) 273 directing all government agencies and local levels to institutionalize
GAD efforts in government by incorporating GAD concerns in their planning, programming and budgeting
process, and

 Local Budget Memorandum No. 28 which directs local government units to mobilize resources to
mainstream and implement gender and development programs using the 5% development fund.

 Philippine Plan for Gender-Responsive Development (PPGD 1995-2025)

 Framework Plan for Women – economic, good governance

 W omen’s Empowerment and Development towards Equality

Other Laws and Political Actions Advancing Women’s Status

 RA 7877 declares sexual harassment unlawful in the employment, education and training
environment

 RA 6949 declares March 8 of every year as a working holiday to be known as National Women’s
Day

 RA 6972 mandates the establishment of day care centers in every barangay


 RA 7322 increases the maternity benefits of women in the private sector

 RA 7655 increases the minimum wage of domestic helpers

 RA 6955 outlaws the practice of matching Filipino women with foreign nationals by mail-order

 RA 7688 provides incentives to women in the Social Security Commission

 RA 7600 provides incentives to all government and private health institutions with rooming-in
and breastfeeding practices

 The New Family Code of the Philippines (EO 227), 1987 removes the discriminatory provisions in
the Spanish colonial law-based Civil Code of the Philippines

 The Anti-Child Abuse Law RA 7610 (1991) After Convention on the Rights of the Child

 Anti- Sexual Harassment Act of 1995 (RA 7877)

◦ An Act declaring sexual harassment unlawful in the employment, education or training,


environment, and for other purposes

 Anti-Rape Law of 1997 (RA 8353)

An act expanding the definition of the crime of rape, reclassifying the same as a crime against
persons, amending for the purpose Act No. 3815, as amended otherwise known as the revised penal code, and for
other purposes

Rape Victim Assistance and Protection Act of 1998 (RA 8505)

An act providing assistance and protection for rape victims, establishing for the purpose a rape crisis
center in every province and city authorizing the appropriation of the funds therefore and for other purposes

 Anti-Trafficking in Person Act of 2003 (RA 9208) An act to institute policies to eliminate
trafficking in persons especially women and children, establishing the necessary institutional mechanisms for the
protection and support of trafficked persons, providing penalties for its violations, and for other purposes

Magna Carta of Women of 2009 (RA 9710)

• An act providing for the Magna Carta of Women

• Signed by President Gloria Macapagal-Arroyo on August 14, 2009.

The Magna Carta of Women (MCW) is a comprehensive women’s human rights law that seeks to
eliminate discrimination against women by recognizing, protecting, fulfilling and promoting the rights of Filipino
women, especially those in the marginalized sectors.

Salient Features of the MCW

What is discrimination against women?

Discrimination is compounded by or intersecting with other grounds, status, or condition, such as


ethnicity, age, poverty, or religion.

The Magna Carta of Women defines discrimination against women as:

any gender-based distinction, exclusion, or restriction which has the effect or purpose of impairing or
nullifying the recognition, enjoyment, or exercise by women, irrespective of their marital status, on a basis of
equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural,
civil or any other field;

any act or omission, including by law, policy, administrative measure, or practice, that directly or indirectly
excludes or restricts women in the recognition and promotion of their rights and their access to and enjoyment of
opportunities, benefits, or privileges;

a measure or practice of general application that fails to provide for mechanisms to offset or address sex
or gender-based disadvantages or limitations of women, as a result of which women are denied or restricted in the
recognition and protection of their rights and in their access to and enjoyment of opportunities, benefits, or
privileges; or women, more than men are shown to have suffered the greater adverse effects of those measures or
practices; and
The Magna Carta of Women also spells out every woman’s right to:

Protection from all forms of violence, including those committed by the State.

This includes the incremental increase in the recruitment and training of women in government services
that cater to women victims of gender-related offenses.

It also ensures mandatory training on human rights and gender sensitivity to all government personnel
involved in the protection and defense of women against gender-based violence, and mandates local government
units to establish a Violence Against Women Desk in every barangay to address violence against women cases

Protection and security in times of disaster, calamities and other crisis situations, especially in all phases
of relief, recovery, rehabilitation and construction efforts, including protection from sexual exploitation and other
sexual and gender-based violence

• Prohibition of expulsion and non-readmission of women faculty and students due to pregnancy
outside marriage

• No school shall turn out or refuse admission to a female student solely on the account of her
having contracted pregnancy outside of marriage during her term in school.

• Development and promotion of a gender-sensitive curriculum and gender-fair instructional


materials (IRR, RA 9710-DepEd, CHED, TESDA)

Non-discriminatory and non-derogatory portrayal of women in media and film to raise the consciousness
of the general public in recognizing the dignity of women and the role and contribution of women in family,
community, and the society through the strategic use of mass media;

Comprehensive health services and health information and education covering all stages of a woman’s life
cycle, and which addresses the major causes of women’s mortality and morbidity, including access to among
others, maternal care, responsible, ethical, legal, safe and effective methods of family planning, and encouraging
healthy lifestyle activities to prevent diseases

• Leave benefits of two (2) months with full pay based on gross monthly compensation, for women
employees who undergo surgery caused by gynecological disorders, provided that they have rendered continuous
aggregate employment service of at least six (6) months for the last twelve (12) months;

• Equal rights in all matters relating to marriage and family relations.

The State shall ensure the same rights of women and men to: enter into and leave marriages, freely
choose a spouse, decide on the number and spacing of their children, enjoy personal rights including the choice of
a profession, own, acquire, and administer their property, and acquire, change, or retain their nationality. It also
states that the betrothal and marriage of a child shall have no legal effect.

marginalized sectors:

those who belong to the basic, disadvantaged, or vulnerable groups who are mostly living in poverty and
have little or no access to land and other resources, basic social and economic services such as health care,
education, water and sanitation, employment and livelihood opportunities, housing security, physical
infrastructure and the justice system

These include, but are not limited to women in the following sectors or groups

Small farmers and rural workers, Fisherfolk, Urban poor, Workers in the formal economy, Workers in the
informal economy, Migrant workers, Indigenous Peoples, Moro, Children, Senior citizens, Persons with disabilities,
and Solo parents.

Women’s rights in the MARGINALIZED SECTORS

• Skills training, scholarships, especially in research and development aimed towards women-
friendly farm technology;

• Employment, livelihood, credit, capital and technology;

• Localized, accessible, secure and affordable housing;


• Food security and resources for food production, including equal rights in the titling of the land
and issuance of stewardship contracts and patents;

• Representation and participation in policy-making or decision-making bodies in the regional,


national, and international levels;

• Access to information regarding policies on women, including programs, projects and funding
outlays that affect them;

• Social protection;

• Recognition and preservation of cultural identity and integrity provided that these cultural
systems and practices are not discriminatory to women;

• Inclusion in discussions on peace and development;

• Services and interventions for women in especially difficult circumstances or WEDC;

• Protection of girl-children against all forms of discrimination in education, health and nutrition,
and skills development; and

• Protection of women senior citizens.

How can Filipino women living abroad benefit from this law?

Designation of a gender focal point in the consular section of Philippine embassies or consulates who
shall be primarily responsible in handling gender concerns of women migrant workers, especially those in distress.

*Other agencies (e.g. the Department of Labor and Employment and the Department of Social Welfare
and Development) are also mandated to cooperate in strengthening the Philippine foreign posts’ programs for the
delivery of services to women migrant workers, consistent with the one-country team approach in Foreign Service

Who will be responsible for implementing the Magna Carta of Women

The State, the private sector, society in general, and all individuals shall contribute to the recognition,
respect and promotion of the rights of women defined and guaranteed in the Magna Carta of Women

Government responsibilities

The Magna Carta of Women mandates all government offices, including government-owned and
controlled corporations and local government units to adopt gender mainstreaming as a strategy for implementing
the law and attaining its objectives. It also mandates (a) planning, budgeting, monitoring and evaluation for gender
and development, (b) the creation and/or strengthening of gender and development focal points, and (c) the
generation and maintenance of gender statistics and sex-disaggregated databases to aid in planning, programming
and policy formulation.

Under this law, the National Commission on the Role of Filipino Women which will be renamed as the
Philippine Commission on Women (PCW) shall be the overall monitoring and oversight body to ensure the
implementation of the law. As an agency under the Office of the President of the Philippines, it will be the primary
policy-making and coordinating body for women and gender equality concerns and shall lead in ensuring that
government agencies are capacitated on the effective implementation of the Magna Carta of Women

Consistent with its mandate, the Commission on Human Rights shall act as the Gender and Development
Ombud to ensure the promotion and protection of women’s human rights.

The Commission on Audit shall conduct an annual audit on the government offices’ use of their gender
and development budgets for the purpose of determining its judicious use and the efficiency, and effectiveness of
interventions in addressing gender issues

Local government units are also encouraged to develop and pass a gender and development code to
address the issues and concerns of women in their respective localities based on consultation with their women
constituents

B. Women’s Rights which we are bound to

Respect, Protect, Fulfill


1. Types of Rights:

a. Inherent in human beings

b. Based on:

1. International Human Rights Instruments (UN Charter, Int’l. HR instruments(UN Charter, Int’l. Bill of HR,
Vienna Declaration, CEDAW, ICPD, ICED etc.)

2. National creation (Constitution, Statutes, SC Decisions, Codes, laws, etc

2. Categories:

a. Civil and Political Rights

e.g., Participation in Governance

b. Economic, Social and Cultural Rights

c. Collective/Group Rights

e.g., Right to Development

3. Women’s Rights Based on the Magna Carta of Women

A. WOMEN’S ECONOMIC RIGHTS/POWER

Food Security and Productive Resources

Right to Decent Work

Right to Livelihood, Credit, Capital and Technology

Social Protection

Right to Education and Training (for migrant workers)

B. POLITICAL PARTICIPATION/VOICE

Protection from Violence

Participation and Representation

C. SOCIAL/LEGAL RIGHTS

Protection from Violence

Equal Treatment Before the Law

Equal Access and Elimination of Discrimination in Education, Scholarships, and Training

Special Leave Benefits for Women

Women’s Right to Health

NATIONAL ACTION PLAN ON WOMEN, PEACE AND SECURITY

NATIONAL ACTION PLAN ON WOMEN, PEACE AND SECURITY- role women play in peace and security in conflict and
post-conflict environments. Our government has also been at the forefront of advancing progressive policies and
legislation to advance the role of women in society.
The Philippines adopted the National Action plan (NAP) through a participatory approach that included
consultations with civil society organizations.

The NAP’s overall goal is to ensure the expansion of women’s role in the various spaces for peace and
security, highlights women’s role in the peace process of the country.

It seeks to continue the best practice of women’s presence in formal and informal peace negotiations and
identifies monitoring and evaluation o the NAP’s stand alone pillars and objectives.

National Action Plan Substantive Pillar:

1. Empowerment and Participation –


2: Protection and Prevention –

3: Promotion and Mainstreaming –

4: Monitoring and Evaluation


Topic: LEADERS AND MANAGERS FOR JLC
Leaders and Managers – How They Are Different From Each Other?
What is Leadership?
Leadership is the creation of positive, non-incremental change through meticulous
planning, vision, and strategy. Workforce empowerment and adaptive decision-making
also add up to the crucial attributes of leadership. Most often, people relate leadership
with one’s position in an organization. But leadership has nothing to do with titles,
management, or one’s personal agendas. It’s also not restricted to personality traits
such as better vision or charismatic personality.

It is more like a process of social influence, which maximizes the efforts of others
toward the achievement of a common goal. It stems from social influence and requires
human resources to achieve the intended outcomes. A leader is someone who always
takes the initiative and invests a great effort to accomplish the company’s vision. That is
the only reason why people around them start following them.
What is Management?
Management is all about performing pre-planned tasks on a regular basis with the help
of subordinates. A manager is completely responsible for carrying out the four important
functions of management: planning, organizing, leading, and controlling. Managers can
only become leaders if they adequately carry out leadership responsibilities, including
communication of good and bad, providing inspiration and guidance, and encouraging
employees to rise to a higher level of productivity.
There are many notions as to what a leader is, as opposed to the manager – insightful,
inspiring, and intuitive rather than directing, controlling, and commanding. However, in
real life, it is hard to distinguish between a leader and a manager.
Nevertheless, over the years, many industry experts have tried tooth and nail to
differentiate the roles and responsibilities of managers and leaders, and many have
succeeded in it too. So, here we have pointed out the key differences between
managers and leaders that would make it easy to understand the difference between
them.
What’s the Difference Between Leaders and Managers?
Leaders and managers share some essential characteristics; however, many
dissimilarities make them distinct. While leadership is about building a vision for people
to follow, management is looking after the day-to-day operations of a business. So, here
are some more differences between leaders and managers.

LEADER MANAGER
Leaders have missions to accomplish Managers are goal-oriented
Leaders challenge the status quo Managers maintain or try to achieve the
status quo
Leaders are unique Managers mimic their competitors
Leaders take risk Managers avoid taking risk
Leaders are willing to learn and
grow personally Managers perfect existing, proven
skills
Leaders build relationships Managers focus on goals and objectives
Leaders coach people to become a better version of
themselves Managers direct people to achieve the
company goal
Results of leadership are intangible Results of management is measurable
Leadership is qualitative Management is quantitative
Leaders have fans Managers have employees
What Are the Traits a Leader Possesses?
Leaders are individuals who may not possess or display power; instead, they would use
human assistance to accomplish a goal. A great leader is someone who can do this day
after day, and year after year, under any circumstance.
Here are some of the effective leadership skills and personality traits every leader must
imbibe to become successful:
1. Passionate: Leaders are people with a plan. They have their eyes set on the goal
and therefore work hard towards achieving them. They also motivate others to achieve
their goals by guiding and directing them.
2. Virtuous: A good leader should be transparent with his people because honesty
reduces miscommunication and internal feuds in the team.
3. Empathetic: A leader should be an empathetic being as it will help them in
developing a strong bond with their team. Furthermore, being empathetic toward others
will help a leader to address and solve the problems and complaints of their team
members.
4. Communication skills: Leaders possess great communication skills. They are
transparent with their team and share failures and successes with them.
5. Open-mindedness and creativity: A good leader is someone who is open to new
ideas and accepting of other people’s perspectives. Being a good and effective leader
means understanding that there is no right way to do things. Therefore, a good leader is
always ready to listen, observe, and be willing to change. They are also out-of-the-box
thinkers and encourage their team to do so.
What Are the Traits a Manager Must Possess?
A manager is the backbone of any business. They are responsible for the smooth
functioning of the business. A manager’s responsibility ranges from monitoring day-to-
day business activities to scouting human resources. To undertake these difficult tasks,
a manager must possess some unique personality traits. Here are some of the effective
management skills and personality traits of a successful manager.
1. Control: A manager is responsible for monitoring daily business transactions. So,
they need to be controlled to ensure desired results.
2. Team-oriented: A good manager must address the issues of his team. He should
motivate them to do their best in any circumstances. They must implement the right
work ethic and culture in the team and ensure everyone follows it.
3. Good communicator: A good manager must strive to become a good
communicator. Managers are the key between top-level management and low-level
management; therefore, they need good interpersonal skills to avoid conflict in the
company.
4. Dependable: A manager should be easy-going and dependable; this characteristic
allows employees to trust and depend on you.
5. Process management: Managers are responsible for introducing the right work
culture and ethics in the company. Therefore, a manager must be someone who has a
clear vision and understands the goals of an organization.
How to Measure Effective Leadership?
Your team’s code of conduct and culture is a great variables to measure effective
leadership. For instance, many members in your team take frequent leaves or are
disengaged and disgruntled. Then you might be an inefficient leader. Similarly, if any of
your team members is demotivated and feels they are not progressing in their career,
you may want to reconsider your leadership skills.

Difference Between Leadership vs Management

The role of management is to control a group or group of individuals in order to


achieve a specified objective. Leadership is the ability of an individual to influence,
motivate, and enable others to contribute to the organization's success.

Management is responsible for controlling an organization, a group, or a set of entities


to achieve a particular objective. Managing is about making sure the day-to-day
operations are being performed as expected. A leader communicates in order to set
direction, inspire, and motivate their team.

Leadership requires a vision to guide change. Whereas managers focus on achieving


organizational goals through process implementation, such as budgeting, organizational
structure, and staffing, leaders are more concerned with thinking ahead and seizing
opportunities.

It is possible to be a manager and a leader at the same time. But keep in mind that just
because someone is a great leader doesn't mean they'll be a great manager or the
other way around.

So, what factors distinguish these two roles?

1. Differences in Vision

Leaders are considered as visionaries. They set the pathways to excel the
organizational growth. They always examine where their organization stands, where
they want to go, and how they can reach there by involving the team.

In comparison, managers set out to achieve organizational goals by implementing


processes, such as budgeting, organizational structuring, and staffing. Managers' vision
is bound to the implementation strategies, planning, and organizing tasks to reach the
objectives set out by leaders. However, both of these roles are equally important in the
context of business environments and necessitate associative efforts.
2. Organizing vs Aligning

Managers achieve their goals by using coordinated activities and tactical processes.
They break down long-time goals into tiny segments and organize available resources
to reach the desired outcome.

On the other hand, leaders are more concerned with how to align and influence people
than how to assign work to them. They achieve this by assisting individuals in
envisioning their function in a wider context and the possibility for future growth that
their efforts may give.

3. Differences in Queries

A leader asks what and why, whereas a manager focuses on the questions of how and
when. To do justice to their duties as a leader, one might question and challenge the
authority to reverse decisions that may not be in the better interests of the team. If a firm
has a stumbling block, a leader will be the one to step up and ask, What did we learn
from this? and Why has this happened?

On the other hand, managers are not required to assess and analyze failures. Their job
description emphasizes asking How and When, which assists them in ensuring that
plans are carried out correctly. They prefer to accept the status quo and make no
attempt to change it.

4. Position vs Quality

A manager is a role that frequently refers to a specific job within an organization's


structure, whereas the term leader has a more ambiguous definition. Leadership
emerges as a result of your actions. You are a leader if you act in a way that inspires
others to do their best. It makes no difference what your title or position is. On the other
hand, a manager is a job title that comes with a fixed set of responsibilities.

What Do Managers Do?


A manager is a member of an organization with the responsibility of carrying out the four
important functions of management: planning, organizing, leading, and controlling. But
are all managers leaders?

Most managers also tend to be leaders, but only IF they also adequately carry out the
leadership responsibilities of management, which include communication, motivation,
providing inspiration and guidance, and encouraging employees to rise to a higher level
of productivity.

Managerial duties are usually a formal part of a job description; subordinates follow as a
result of the professional title or designation. A manager’s chief focus is to meet
organizational goals and objectives; they typically do not take much else into
consideration. Managers are held responsible for their actions, as well as for the actions
of their subordinates. With the title comes the authority and the privilege to promote,
hire, fire, discipline, or reward employees based on their performance and behavior.

What Do Leaders Do?

The primary difference between management and leadership is that leaders don’t
necessarily hold or occupy a management position. Simply put, a leader doesn’t have to
be an authority figure in the organization; a leader can be anyone.

Unlike managers, leaders are followed because of their personality, behavior, and
beliefs. A leader personally invests in tasks and projects and demonstrates a high level
of passion for work. Leaders take a great deal of interest in the success of their
followers, enabling them to reach their goals to satisfaction—these are not necessarily
organizational goals.

There isn’t always tangible or formal power that a leader possesses over his followers.
Temporary power is awarded to a leader and can be conditional based on the ability of
the leader to continually inspire and motivate their followers.

Subordinates of a manager are required to obey orders while following is optional when
it comes to leadership. Leadership works on inspiration and trust among employees;
those who do wish to follow their leader may stop at any time. Generally, leaders are
people who challenge the status quo. Leadership is change-savvy, visionary, agile,
creative, and adaptive.

Below are four important traits of a manager:


1. The Ability to Execute a Vision

Managers build a strategic vision and break it down into a roadmap for their
team to follow.

2. The Ability to Direct

Managers are responsible for day-to-day efforts while reviewing necessary


resources, and anticipating the need to make changes along the way.

3. Process Management

Managers have the authority to establish work rules, processes, standards,


and operating procedures.

4. People Focused

Managers are known to look after and cater to the needs of the people they
are responsible for: listening to them, involving them in certain key decisions,
and accommodating reasonable requests for change to contribute to
increased productivity.What are the Traits a Leader Possesses.

Being a manager and a leader at the same time is a viable concept. But remember, just
because someone is a phenomenal leader, it does not necessarily guarantee that the
person will be an exceptional manager as well, and vice versa.

So, what are the standout differences between the two roles?

1. A Leader Invents or Innovates While a Manager Organizes

The leader of the team comes up with new ideas and kickstarts the
organization’s shift or transition to a forward-thinking phase. A leader always
has his or her eyes set on the horizon, developing new techniques and
strategies for the organization. A leader has immense knowledge of all the
current trends, advancements, and skillsets—and has a clarity of purpose and
vision. By contrast, a manager is someone who generally only maintains what
is already established. A manager needs to watch the bottom line while
controlling employees and workflow in the organization and preventing any
chaos.
2. A Manager Relies on Control, Whereas a Leader Inspires Trust:

A leader is a person who pushes employees to do their best and knows how
to set an appropriate pace and tempo for the rest of the group. Managers, on
the other hand, are required by their job description to establish control over
employees, which, in turn, helps them develop their assets to bring out their
best. Thus, managers have to understand their subordinates well to do their
job effectively.

3. A Leader Asks the Questions “What” and “Why”, Whereas a Manager


Leans More Toward the Questions “How” and “When”:

To be able to do justice to their role as a leader, some may question and


challenge authority to modify or even reverse decisions that may not have the
team’s best interests in mind. Good leadership requires a great deal of good
judgment, especially when it comes to the ability to stand up to senior
management over a point of concern or if there is an aspect in need of
improvement. If a company goes through a rough patch, a leader will be the
one who will stand up and ask the question: “What did we learn from
this?”Managers, however, are not required to assess and analyze failures.
Their job description emphasizes asking the questions “how” and “when,”
which usually helps them make sure that plans are properly executed. They
tend to accept the status quo exactly the way it is and do not attempt a
change.

FAQs

1. What is the major difference between leadership and management?

Leadership and management are different from each other in many ways, however, the
major difference between them is that management is a group of entities that work to
accomplish a goal. Whereas, the leadership takes care of motivating, influencing, and
empowering employees. Influence and inspiration separate leaders from managers, not
power and control.

2. What are the 6 differences between leadership and management?

1. Leaders create a vision, managers create goals.

2. Leaders are change agents, managers maintain their status..

3. Leaders and unique, managers are influenced


4. Leaders take risks, managers evaluate risk

5. It takes time to become a leader, but it is easier to become a manager

6. Leaders create relationships, managers create systems.

3. Which is more important, leadership or management?

Both leaders and managers are important to run a successful business. Leadership
ensures the overall values and ethics of the organization, whereas managers structure
teams to achieve targets.

4. What is the difference between management and leadership?

Leadership focuses on motivating employees, making them believe in your vision and
setting the right work culture at the company. On the other hand, management stresses
day-to-day task progress and related issues.

5. Which is better, management or leadership?

Both management and leadership are naturally crucial for the smooth working of an
organization. But, leadership is ahead of the management — a well-balanced
organizational leadership in the core. Disciple process, vision and passion are essential
to building a successful business.

6. What are the two key differences between leadership and management?

The 2 key differences between leadership and management are -

1. Leadership creates values, management counts those values.

2. Leadership leads people, management manages the work people do.

7. What comes first, leadership or management?

Leadership comes first as they drive the organization with their vision.
TOPIC : LEADERS AND FOLLOWERS for JLC
Relationships Between Leaders and Followers

It’s important for a company’s success that every element of its internal environment
operates following business goals, strategy, and ability to ensure the competitiveness of
the company in its field; the same applies to employees and their role within the
company, regardless of the position they occupy. A leader is incapable of doing his job
effectively without a good team, and it’s difficult for the team to move forward with
the company’s goals without a knowledgeable and motivating leader.

Leaders and followers are one team.

The great philosopher Aristotle once said, “He who cannot be a good follower, cannot
be a good leader.”

5 aspects that prove that leaders and followers are one team or one whole

1. Effective followers make productive leaders, and effective leaders build


productive followers

A leader influences his team, just as a team creates influence on a leader. This
collaboration can be both positive and negative, influenced by the ability of both parties
to trust, listen, help, solve problems and find new solutions.
Both actively executing and successfully managing, supervising, and stimulating these
jobs ensures effective collaboration between followers and leaders. Accomplishing
company goals promotes teamwork of followers and leaders in guiding their team
toward the company goals.

2. Without followers, there are no leaders

Every company has significant individuals who are ready to not only manage and
monitor the processes within the company but also to execute and implement them
effectively. Similarly, individuals who are skilled in providing effective division of labor to
each team member are needed to deliver the outcome as successful as possible and in
line with each individual’s skills and abilities.

3. Each leader was once a follower

Every leader has been part of a team of followers who has proven his ability and
authority to accomplish specific tasks through his dedication and passion. However, that
does not mean that they are capable of leading all work processes. So everyone in the
company has their own individual approach for doing different jobs and solving
problems, which means that anyone can become a leader in a particular task as long as
they are willing and ready to take responsibility.
4. Leaders and followers are influenced by each other

Leaders influence their followers according to the company’s needs, while followers
influence leaders with their attitude and actions – it can have both positive and negative
impacts. This mutual influence of both sides is a unifying element that can improve the
performance and productivity of both the leader and the team members.

5. Followers and leaders should have a similar set of characteristics

At best, both leaders and followers embrace a set of assets that reflect the business
and collaboration needs. Full engagement, independence, initiative, activity, and
courage are the qualities that unite leaders and followers, making them a cohesive team
working for common purposes.

What do followers expect from their leader?

 clear objectives, rules, and management


 regular and meaningful feedback
 necessary resources and tools to do the work

What do leaders expect from their followers?

 desire to learn and grow


 enthusiasm to do what is required and initiative
 cooperation skills to work with others

Every employee of the company is essential to ensure full functionality, regardless of its
position. Both leaders and followers are a united team that interacts with each other,
proving the need for their mutual collaboration to perform their jobs effectively.

Why are the Leaders and Followers Relationship Important?


Understanding the leader-follower relationship is critical because it affects everyone in
the organization. There are numerous advantages to having healthy leaders and
followers relationships. Leaders that excel in this area will be able to guide their teams
in the right direction and convince them to do what they desire.

Here are some benefits of having a positive leader-follower relationship –

1. CREATES A SENSE OF BELONGING

A positive leader-follow relationship also creates a sense of belonging in an


organization, like people feel like they belong and that they matter. This sense of
belonging can help motivate people to work harder because they feel like they have a
group identity. When a leader intentionally organizes the work experience around
belonging, team members are better positioned to be more productive and inventive,
resulting in improved individual and organizational outcomes.
2. MOTIVATE PEOPLE TO WORK HARDER

Leaders have the ability to influence followers both within and outside of their
organizations. Individuals and teams can be motivated in the desired direction by
leaders who lead from a spiritual, honest, or servant model. They can motivate
employees to volunteer and participate in community outreach programs, as well as
other types of civic and social duty. When leaders and followers have a good
relationship, it motivates the followers to go to a place they may not have gone
otherwise.

3. CREATE TRUST AMONG THE FOLLOWERS FOR THEIR LEADERS

The first step in unlocking all of the positive behaviors we want in our workers is to build
trust. Trust fosters industry (hard effort and devotion), independent thinking (problem-
solving and solution-finding on your own), self-management (championing your
cause/job without being led/asked), and so on. Building trust is an ongoing leadership
challenge that requires a good relationship with the followers. Good leaders devote their
time and effort to establishing positive relationships with their followers so that they can
trust them. They start and conclude meetings on time, and they do it in little ways. And
in significant ways, such as providing excellent cover for their teammates when things
go wrong.

So, a positive relationship also creates trust among the followers for their leaders.
Followers need to trust that the leaders will care about them, protect them from
problems, and be there for them when things get difficult. In return, followers will want to
put forth their best effort and take on more responsibility.

4. CREATE A HAPPY WORK ENVIRONMENT

In every business, the leader-follower interaction is the single most crucial relationship,
especially if the corporation claims to value corporate culture. When there is a healthy
leader-follower connection, the leaders are quick to forgive and reluctant to punish, and
the entire team feels as though their leader is looking out for their best interests. As a
result, a happy and productive work atmosphere is created.

5. CREATE RESPECT AMONG THE FOLLOWERS FOR THEIR LEADERS

Leaders that have a positive relationship with their followers are more likely to empower
their followers. They also motivate, encourage, advise, and teach their followers to work
toward a shared objective. A great leader is always by his supporters’ side. As a result,
the followers create tremendous regard for their leader in their hearts.

6. REDUCE EMPLOYEE TURNOVER

When it comes to corporate leadership, the most typical term you’ll hear is “people
leave leaders, not organizations.” According to Gallup’s comprehensive 2015 study,
75% of employees left their work at some time in their careers to “get away from their
management.” Building a healthy leader-follower connection is the only way to reduce
excessive staff turnover.

TOP 5 DIFFERENCES BETWEEN BEING A LEADER AND BEING A FOLLOWER


ARE YOU A LEADER OR A FOLLOWER?

In any workplace, the relationships between team members are the key to business
success. Most organize themselves with a management structure involving leadership
by those higher up the career ladder. If you are aspiring to career progression,
developing your leadership qualities may be a fundamental skill that distinguishes you
for promotion. While many are content to remain part of the team, those who are natural
leaders will be keen to shoulder more responsibility, take control of the project, and
come up with creative solutions for success. If you are hoping to take your career to the
next level, it is worth considering the characteristics that define a leader from a follower,
and whether you can cultivate them in yourself. Here is our guide to the differences
between leaders and followers.

NO.1

 Leaders are willing to step up and take control of a project or task. They enjoy a
challenge and embrace change as they know it will benefit them in the long term.

 Followers have to be forced to drive a project by their boss. They rarely, if


ever, volunteer to take on a project. This is the case even if the positive
aspects outway the negative. They are happy to go through life maintaining
the “status quo”.
NO.2

 Leaders show ingenuity, once they have a general grasp for a project they can
strategically plan the best way to achieve the final objective.

 Followers want direction, they need step by step instruction. They require
constant assurance and approval, often as a means to covering themselves
should something go wrong.
NO. 3

 Leaders are pro-active, and are not content with simply waiting for the next
step. They despise inaction and are driven crazy by lack of progress. They
accept responsibility, and are motivated by conquering obstacles in their way.
 Followers are re-active, content with inactivity, as long as nobody is on
their backs about it. Obstacles throw them off course and they look to
leaders to re-build their confidence and set them back on the right track.
NO.4

 Leaders drive projects and people to the finish line. They are like freight trains,
unstoppable forces that will plough through any obstacle that gets in their way.
That doesn’t necessarily mean that they plough through people that get in their
way. A good leader, will push teamwork rather than individual achievements.
They compliment members of the group under their care in order to motivate
team members and get them to buy into their plan.

 Followers are dragged across the finish line, some kicking and screaming.
Some, however, may have found an inner strength that may include them
participating in the leadership role next time round. Or they may have at
least learned enough to keep them from being part of the carnage left
behind in the future.
NO.5

 Leaders are not paralyzed by fear, they thrive on it. They tackle it head on and
show it who’s boss.

 Followers stop when things get even a little rough. They again look for re-
assurance and can let fear affect their decision making process. Often the
fear is without any real justification, but maybe for some an excuse to walk
away from a challenge.

Leaders and Followers, Planners and Doers


Paul Hersey and Ken Blanchard in their theory of Situational Leadership and adds an
interesting spin, allowing us to use some of the insights more personally.

SITUATIONAL LEADERSHIP Is the idea that one needs to constantly adapt their
leadership style to the ever changing environment in which they operate. if a specific
style works in one situation with one particular individual, that doesn’t mean we should
adopt that style for all people and situations.

Hersey and Blanchard’s premise is that leaders need to adapt their style to fit the
performance readiness of their followers. readiness not only varies by person, it also
varies by task. followers have different levels of motivation and ability for different tasks.
Leaders need to acknowledge that situations change along with the readiness of their
staff. to be most effective, different people require different types of leadership.

HERSEY AND BLANCHARD OUTLINED FOUR DISTINCT STYLES:


1. DIRECTING is for employees requiring a lot of specific guidance to complete the
task. the leader might say, ‘chris, here’s what i’d like you to do, step by step. and here’s
when i need it done.’ it’s primarily a one-way conversation, with little input from the
employee.

2. COACHING is for employees who need more than average guidance to complete the
task, but with above-average amounts of two-way dialogue. coaching is for people who
both want and need to learn. the leader might say, ‘chris, here’s what i’d like you to do,’
and then ask for input: ‘what do you think, chris?’

3. SUPPORTING is for employees with the skills to complete the task but who may lack
the confidence to do it on their own. this style features below-average amounts of
direction. the leader might say, ‘chris, here’s the task, how do you think is should be
done? let’s talk about it. how can i help you on this one?’

4. DELEGATING is for employees who score high on motivation, ability, and


confidence. they know what to do, how to do it, and can do it on their own. the leader
might say, ‘chris, here’s the assignment. you have a great track record. if i can help, just
ask. if not, you’re on your own.’

SO WHAT MAKES A GREAT LEADER?

A great leader is organized, disciplined, focused and determined. However, I


believe the best leaders are those who have a combination of these skills plus certain
characteristics: they must also be calm, humble, respectful and compassionate.
They can see the big picture rather than seeing things on a small scale. They take the
time to listen to their team’s concerns. By taking on board the struggles of their team as
well as their own, they both motivate and command loyalty from their teams.

1. Good leaders don’t bully others and are willing to combine all of the ideas of those
in their care, to achieve the overall objective.

2. A good leader takes the lead. A good leader has personality, courage, clear vision
with ambition to succeed. A good leader encourages the team to perform to their
optimum all the time and drives organizational success.
What are the attributes and traits of a good leader?
1. A good leader has the ability of the ethical person to shine through to leadership
2. A good leader has the ability to demonstrate the skills, knowledge and experience to
undertake the tasks expected from them, both in terms of the job that is required to be
completed, but with respect to their contribution to the wider organisation
3. A good leader adopts a leadership style that lends itself to ethical considerations, for
example transformational and adaptive styles – both of which engage followers in the
decision making processes
4. A good leader has the motivation to prevent harm to anyone
5. A good leader ensures a safe place of work for staff
6. A good leader has respect for the law and regulations
7. A good leader maintains and develops skills, knowledge and experience in
themselves and others
8. A good leader is objective, fair and reasonable
9. A good leader takes responsibility for their own actions as well as the action of others
10. A good leader acts with conviction
11. A good leader provides clear direction
12. A good leader communicates effectively
13. A good leader discharges of a Duty of Care to customers, clients and staff
Why is followership important?
Followership is important because it contributes to a successful, cohesive team
environment. Organizations rely on followership to accomplish complex goals and
maintain a functioning hierarchy of operations. While it’s true that an organization is only
as good as its leaders, it is also only as good as its followers.
Some of the benefits of followership in the workplace include:
1. More effective delegation: Followership is an essential part of delegating and
sharing responsibilities on a team. When you know how to be a good follower, you
promote your personal efficiency while contributing to team productivity.
2. Improving morale: Demonstrating followership can contribute to a positive team
culture of support and respect. Your willingness to be a follower on some projects allows
others the opportunity to lead and grow as a team.
3. Improving outcomes: When team members act as engaged followers who invest in
the results of group efforts, they can improve the quality of workplace projects and drive
growth.
14 key qualities of followers
Here are some of the top followership qualities that can help you succeed in the
workplace:
1. Ego management
Good followers have their egos under control. They are team players in the truest sense
of the concept. They have good interpersonal skills and display empathy. If you are a
good follower, your success relates more to performance and goal achievement rather
than personal recognition and self-promotion.
2. Loyalty
Good followers respect their obligation to be loyal to their employer. Followers who are
not loyal are more likely to create problems between team members, compromise goal
achievement and reduce the team’s productivity. As a follower, you have a strong
allegiance and commitment to the company’s plans. You know that your obligation is to
the company, not a given leader at a given point in time.
3. Humility
The ability to show humility is an important part of effective followership. Helping others
find opportunities where they can lead and respecting their authority promotes a culture
of shared professional growth in the workplace. You acknowledge when others have
great ideas and are proactive about supporting their efforts. You also understand the
importance of each contribution to a project, regardless of how simple or complicated it
is. When a leader assigns tasks, you respect the roles of others on your team.
4. Work ethic
Teams function best when leaders and followers both are dedicated to a project. Strong
followers are motivated to excel even when they aren't specifically in charge of a
project. Through your actions, you demonstrate that you are diligent, committed and pay
attention to detail. These are the same qualities that leaders will look for when it comes
time for promotions or other leadership opportunities open.
5. Courage
Followers must take direction but they also have an underlying obligation to do so only
when the direction is ethical and proper. Good followership means having the courage
to speak up when you have concerns. In your role as a follower, you may need to give
negative feedback to a leader or other team members. This can be especially
challenging if you need to confront a leader. If the situation is serious enough, you may
consider taking your concerns to a higher level of leadership.
6. Active listening
Active listening is a core aspect of followership because it promotes understanding
between team members. By engaging others with questions or clarifying comments, you
can establish clear expectations for your own duties. Active listening helps you
understand a leader's strategies and suggestions, which then gives you the knowledge
and motivation to thrive. Show active listening in the workplace by paying attention
during meetings, asking for input from others and regularly checking in with team
members about shared goals.
7. Tact
Sharing your ideas in a group setting while acknowledging a leader's choices involves
using emotional intelligence, interpersonal awareness and tact. As leaders share their
ideas, you may show appreciation for their guidance and address any concerns in a
manner that focuses on finding solutions. Be prepared to give an honest assessment of
what the leader is trying to achieve and how. Good leaders are grateful for constructive
feedback from their team.
8. Teamwork
Successful followership requires strong teamwork skills and a group-oriented mindset.
Demonstrating teamwork as a follower involves working hard, being fair with others and
offering your assistance when team members need help. Promoting synergy within a
group makes it easier to accomplish objectives, share support and solve problems as a
team. Your loyalty to the team's mission and the leader's vision can influence workplace
efficiency and operations.
9. Good judgment
It is just as important for a follower to have good judgment as a leader. If your leader
knows they can depend on you to do high-quality, timely work, they may give you more
responsibilities and independence. If you show good judgment as a follower, you may
be provided an opportunity to lead in the future.
10. Adaptability
For a team to operate successfully, members may need to adopt multiple roles and be
flexible in their duties. Positive followership involves a willingness to assist with
incomplete tasks and adjust your work strategy to meet team objectives. Adaptability
makes you a better follower and makes your entire team more willing to approach large
projects. Showing adaptability as a follower also exposes you to multiple types of
responsibilities and prepares you for future leadership opportunities.
11. Competency
While followership emphasizes teamwork, good followers also have a high level of
competency. Being a follower who drives progress on a team involves knowing how to
do your job well and independently completing delegated tasks. You can use
followership skills to interpret direction and guidance from a leader while using your
specialized knowledge to determine the best way to accomplish assignments.
12. Critical thinking
Well-functioning teams include both followers and leaders thinking critically about how
their actions influence outcomes and goals. Critical thinking supports your ability to
contribute to team goals and give useful feedback to team leaders. It improves your
judgment and allows you to understand the full context of how a team interacts and
works together. Promote followership with critical thinking by using good judgment and
being thoughtful about how your choices in the workplace support team success.
13. Attention to detail
Leadership involves envisioning overarching, long-term goals while followership focuses
on completing the detailed steps to achieve those objectives. Paying attention to detail
and caring about the technical aspects of a project ensures thorough, quality work.
Detail-oriented people can thrive in a followership role because they can dedicate their
time and attention to high-level tasks while the leader manages workflows and compiles
each element into a final project.
14. Time management
When leaders give directions and delegate tasks, they rely on committed followers to
accomplish those goals according to schedule. Followership requires an understanding
of time management strategies so you can organize tasks and meet expectations. If you
have questions, ask leaders for clarity to avoid missing deadlines or misallocating
resources.
LEADERSHIP POWER FOR JLC

The concepts of power and leadership are interconnected. While an individual may
exert power without being a leader, an individual can’t be a leader without having
power.

Power is the ability to influence the behavior of others with or without resistance by
using a variety of tactics to push or prompt action.

Power is the ability to get things done. People with power are able to influence others
behavior to achieve a goal or objective. Others may resist attempts to make them do
certain things, but an effective leader is able to overcome that resistance. Although
people may regard power as evil or corrupt, power is a fact of organizational life and in
itself is neither good nor bad. Leaders can use power to benefit others or to constrain
them, to serve the organization’s goals or to undermine them.

What is leadership power?

Leadership power is the influence that leaders have over their followers. It persuades
others to support the leader's efforts and do as they ask. Influence is essential to
leadership because it helps them establish relationships with their teams and maintain
authority, which is the right to exercise power.

Sources of Power
Power comes from several sources, each of which has different effects on the targets of
that power. Some derive from individual characteristics; others draw on aspects of an
organization’s structure.

1. Legitimate Power
Also called “positional power,” this is the power individuals have from their role and
status within an organization. Legitimate power usually involves formal authority
delegated to the holder of the position.

2. Referent Power
Referent power comes from the ability of individuals to attract others and build their
loyalty. It is based on the personality and interpersonal skills of the power holder. A
person may be admired because of a specific personal trait, such as charisma or
likability, and these positive feelings become the basis for interpersonal influence.

3. Expert Power
Expert power draws from a person’s skills and knowledge and is especially potent when
an organization has a high need for them. Narrower than most sources of power, the
power of an expert typically applies only in the specific area of the person’s expertise
and credibility.

4. Reward Power
Reward power comes from the ability to confer valued material rewards or create other
positive incentives. It refers to the degree to which the individual can provide external
motivation to others through benefits or gifts. In an organization, this motivation may
include promotions, increases in pay, or extra time off.
5. Coercive Power
Coercive power is the threat and application of sanctions and other negative
consequences. These can include direct punishment or the withholding of desired
resources or rewards. Coercive power relies on fear to induce compliance.

6. Informational Power
Informational power comes from access to facts and knowledge that others find useful
or valuable. That access can indicate relationships with other power holders and convey
status that creates a positive impression. Informational power offers advantages in
building credibility and rational persuasion. It may also serve as the basis for beneficial
exchanges with others who seek that information.

All of these sources and uses of power can be combined to achieve a single aim, and
individuals can often draw on more than one of them. In fact, the more sources of power
to which a person has access, the greater the individual’s overall power and ability to
get things done.

7. Moral power
A leader with moral power inspires action based on their beliefs and behavior. Moral
leaders live by a principle that others can observe and decide to follow. Employees are
inspired by these leaders because the leader builds trust through their ethics. They
become a role model for setting personal standards.

To use moral power in your career, establish a personal mission statement and
philosophy for the workplace. When you make this statement known to others and
consistently live by your principles, they come to trust your example. They may reflect
your personal morals, the organization's ethics or a combination of both.

8. Connection power
Leaders have connection power when their alliance with influential people is admired
and desired by others. The connection gives people the sense that the leader
possesses or has access to the same power that the influential person has. This can be
beneficial in cases where the leader has connections to possible business investors or
network contacts that can help them in their careers.

9. Charismatic power
Charisma is the nature of attractiveness or charm that compels others to follow
someone. Charismatic power inspires positivity and joyful feelings in others. The
persuasive nature of this power is reliant on the engaging quality of the leader's
personality. This power does not have a structured approach with explicit skills or
refined leadership qualities but relies on an established, well-rounded leadership style
that can inspire great change.

Charisma is a natural byproduct of an outgoing personality. People often find others


charismatic when they consider their interest in others to be genuine. You can learn to
be charismatic by developing confidence in your unique abilities and using them to help
others. You can exercise charismatic power when connecting with people one-on-one
or in large groups.

10. Formal Power


Formal power is granted to a person by their appointed position, rank, or role within an
organization. It can be the power granted to someone in a leadership role or the power
inherent to a person's role in an organization. For example, a police officer has the
formal power to arrest someone because it is a part of the police officer's job. Similarly,
an engineer has the formal power to sign off on a design because it is a part of the
engineer's job.
Formal power can be either positive or negative. On the positive side, formal power can
help people to get things done quickly and to make self-guided decisions. On the
negative side, formal power can be abused to control people or make decisions that are
not in the organization's best interest. Formal power can also sometimes be seen as
lacking in legitimacy, especially when it is used to make decisions that are not popular
with the people who are affected by those decisions. It is important to note that power
based on popularity is not based on formal power because it is not intrinsically derived
from the manager's position.

11. Position Power


Position power is similar to formal power in that it is the power granted to a leader by
their position or rank within an organization. However, this type of power is focused
more on a leader's authority to make decisions and give directives that others in the
organization are obligated to follow. An organization's structure or hierarchy typically
grants position power to leaders. For example, a manager has formal power over
subordinates because of the manager's position in the organization.

Position power can be a very effective form of power, as it gives leaders the ability to
make decisions and take actions without needing to gain consensus from others.
Additionally, position power can help ensure that decisions are made promptly, and
tasks are completed efficiently. However, leaders with little oversight or accountability
can also easily abuse position power. Additionally, position power can lead to a leader
being isolated from others in the organization, as subordinates may be afraid to give
input or feedback to a leader with position power.

Power Tactics
People use a variety of power tactics to push or prompt others into action. We can
group these tactics into three categories: behavioral, rational, and structural.

1. Behavioral tactics can be soft or hard. Soft tactics take advantage of the
relationship between person and the target. These tactics are more direct and
interpersonal and can involve collaboration or other social interaction.
Conversely, hard tactics are harsh, forceful, and direct and rely on concrete
outcomes. However, they are not necessarily more powerful than soft tactics. In
many circumstances, fear of social exclusion can be a much stronger motivator
than some kind of physical punishment.

2. Rational tactics of influence make use of reasoning, logic, and objective


judgment, whereas nonrational tactics rely on emotionalism and subjectivity.
Examples of each include bargaining and persuasion (rational) and evasion and
put downs (nonrational).

3. Structural tactics exploit aspects of the relationship between individual roles


and positions. Bilateral tactics, such as collaboration and negotiation, involve
reciprocity on the parts of both the person influencing and the target. Unilateral
tactics, on the other hand, are enacted without any participation on the part of the
target. These tactics include disengagement and fait accompli. Political
approaches, such as playing two against one, take yet another approach to exert
influence.

People tend to vary in their use of power tactics, with different types of people opting for
different tactics. For instance, interpersonally-oriented people tend to use soft tactics,
while extroverts employ a greater variety of power tactics than do introverts. Studies
have shown that men tend to use bilateral and direct tactics, whereas women
tend to use unilateral and indirect tactics. People will also choose different tactics
based on the group situation and according to whom they are trying to influence. In the
face of resistance, people are more likely to shift from soft to hard tactics to achieve
their aims.

How to Leverage Power and Leadership Effectively


All in all, our research findings suggest that leaders can be more effective when they
emphasize the power of relationships and the power of information, and also develop
their other available bases of power.

Here are some strategies for leveraging power in leadership effectively:

1. Make relationships a priority. Your ability to use the power of relationships will be
compromised if you’re not connecting with the right people. Therefore, identify the
people with whom you need to establish or develop a relationship, and invest time and
energy into your existing relationships. Seek to understand others better and
acknowledge others’ needs to build the social capital required to influence others now
and in the future.
Repair damaged relationships and the image others may have of you. Look for ways to
reestablish trust with others through face-to-face interaction and the sharing of honest
feedback.

2. Don’t overplay your personal agenda. While the power of relationships can be an
effective method for promoting your own agenda, it also risks others perceiving you as
self-serving rather than a “team player.” It’s important for leaders to be aware of these
negative perceptions to effectively leverage the power of relationships. Ensure that
advancing your own agenda is not perceived as a misuse of power.

3. Maximize your communication network. Think about the people you communicate
with the most. Are they providing you with access to unique information or redundant
information?

4. Be generous with information. If you are a central node or conduit of information,


remember that keeping information to yourself can have negative consequences. Share
information broadly and with integrity. You don’t want to be perceived as hoarding
information for your personal gain. Of course, you don’t want to make the opposite
mistake and reveal confidential or personal information.
5. Make the most of your position. Research and experience suggest that authority
doesn’t automatically accompany a formal leadership role. We can all think of peers
who, despite their similarities in tenure and level, may have more or less power than we
do. In other words, position doesn’t always mean power. You may want to find some
subtle ways to communicate your formal authority, such as including your title in your
email signature, communicating in meetings where you normally keep quiet, or
modifying your style of dress so that you resemble people at the level above you. This is
also a good example of effective self-promotion at work.

6. Develop your brand of charisma. How would you feel if you were in an audience
where your normally low-key CEO “borrowed” the style of an energetic, larger-than-life
motivational speaker? At best you might be amused; at worst, you would see the CEO
as a pathetic impression of the real thing.

Regardless of your level of charisma, the key is to make small changes in your
leadership image while maintaining your authenticity. Maintain the characteristics that
make you who you are, but try to identify 2 or 3 behaviors that might increase your
ability to connect with others (such as making more eye contact, smiling more often).
Practice those new behaviors, enlisting help from a coach or mentor if needed.

7. Be the expert. Perhaps the most interesting thing about power is that it’s generally in
the eyes of the beholder. You can’t just have power de facto unless there are people
willing to perceive you as having power. The same holds true for expert power – it
comes from actual expertise (such as an advanced degree or relevant experience) or
the perception of expertise. Don’t be shy about putting your credentials on your
business cards, in your email signature, on social media, or talking about your
experience and expertise.

8. Tailor your power to reward others. Many leaders mistakenly assume that
leveraging reward power only means giving people more money. While this option
sounds attractive, it’s not always possible. Consider recognizing and incentivizing your
team members in other ways.

Ask your team members what they would find rewarding. Some team members may
find a group picnic or outing highly rewarding; others may find this tedious or tiring. Time
off or flexible hours might work for some employees; others may not even take notice.
Whatever their incentive, don’t make the mistake of assuming that one reward fits all.

9. Reward with words. Give positive feedback often. Our experience with leaders
across industries tells us that during the course of a typical working relationship, it takes
a ratio of 4:1 (4 positives for every negative) for a receiver of feedback to believe that
the feedback has been fair. This does not mean that you have to give a team member 4
positive pieces of feedback every time you have a negative message to deliver.
It does suggest that many of us have a long way to go in terms of acknowledging what
our people are doing right.
At the same time, when team members fail to live up to expectations, communicate and
enforce your standards, but be sure to provide support along the way.

10. Teach others. Leveraging your full power doesn’t mean hoarding it. If you want to
empower the people you lead, you also need to teach them how to use the power they
have available to them. Think about the people you lead. What are those at the top of
the list doing effectively? What could those at the bottom of the list be doing better? Use
the 7 bases of power as a way to evaluate, communicate, and teach about leadership
power in your organization.
SALESMANSHIP A FORM OF LEADERSHIP- JLC
Salesmanship: Definition, Importance, Duties and Types!

“The personal selling” and “salesmanship” are often used interchangeably, but there
is an important difference. Personal selling is the broader concept. Salesmanship may
or may not be an important part of personal selling and it is never ‘all of it. Along with
other key marketing elements, such as pricing, advertising, product development and
research, marketing channels and physical distribution, the personal selling is a means
through which marketing programmes are implemented.

The broad purpose of marketing is to bring a firm’s products into contact with markets
and to effect profitable exchanges of products for money. The purpose of personal
selling is to bring the right products into contact with the right customers, and make
ownership transfer.

Salesmanship is one of the skills used in personal selling, as defined by Stroh, “it is a
direct, face-to-face, seller-to-buyer influence which can communicate the facts
necessary for marketing a buying decision; or it can utilize the psychology of
persuasion to encourage the formation of a buying decision”.

Salesmanship is seller-initiated effort that provides prospective buyers with information


and motivates or persuades them to make favorable buying decisions concerning the
seller’s products or service. The salesman of today has to react and interact in any
different ways to many different people.

Apart from the knowledge of the product, a salesperson has to be a psychologist with
one prospect, a human computer with another, an adviser with another, and at the
same time a friend with some buyers. Salespersons must adjust their personalities on
every call. Salesmanship may be implemented not only through personal selling but
through advertising. Thus, advertising has been described as “salesmanship in print.”

Some definitions emphasize that salesmanship is the art of influencing or


persuading people to do what sales representative wants them to do. For instance,
contractors, teachers, ministers, authors, politicians, industrial engineers etc., practice
the art of influencing others to do what they want them to do. Every man is a salesman
in his own walks of life.

“He who works with his hands is a laborer.


“He who works with his hands and his head is a craftsman.
“He who works with his hands, HEAD and heart is an artist.
“He who works with hands, his head, his heart and his feet is a salesman.”

Salesmanship is the ability to persuade people to want the things which they already
need. Salesmanship is the ability to convert human needs into wants. The work of
salesman is a service i.e., helping the consumer. The salesman gives a solution to the
customer’s problems. Salesmanship is the ability to handle the people and to handle
the products.
Definition:
According to W.G Carter, “Salesmanship is in attempt to induce people to buy goods.”
According to the National Association of Marketing Teachers of America, “It is the ability
to persuade people to buy goods or services at a profit to the seller and benefit to the
buyer.”

According to Knox, “Salesmanship is the power or ability to influence people to buy at a


mutual profit, that which we have to sell, but which they may not have thought of buying
until call their attention to it. Salesmanship is the ability to persuade people to want they
already need.”

According to Prof Stephenson, “Salesmanship refers to conscious efforts on the part of


the seller to induce a prospective buyer to purchase something that he had not really
decided to buy, even if he had thought of it favorably. It consists of persuading people to
buy what you have for sale in making them want it, in helping to make up their minds.”

According to J.C. Jagasia, “It is an ability to remove ignorance, doubt, suspicion and
emotional objection concerning the usefulness of a product.”

According to Holtzclaw, “Salesmanship is the power to persuade plenty of people to


pleasurably and permanently purchase your product at a profit.”

According to Carfield Blake, “Salesmanship consists of winning the buyers’ confidence


for the sellers’ house and goods, thereby winning regular and permanent customers.”

According to Sefred Gross, “Salesmanship is the art of increasing satisfaction by


persuading those people who should do so to buy specific goods or service.”

Thus, salesmanship is the process of persuading a person to buy goods or


services. It does not mean that salesmanship is applied only to personal selling;
it can also be applied to advertising- printed salesmanship. Salesmanship in its
broader meaning, includes all types of persuasion means, by a seller, viz., advertising,
personal selling and other methods.

Modern Concept of Salesmanship:


In olden days, a salesman takes an order. He shows the goods. He waits for an order.
Then he receives the payment. He never attempts to guide, or help or persuade the
consumers. But the modern concept of salesmanship is entirely different from the old
concept of salesmanship.

Modem concept is creative in approach. He creates needs and converts them into
wants. Customer satisfaction is the main problem of salesman. Mutual profit is essential
both for the buyer and the seller. Salesman guides the customer to buy things which
satisfy his want. Salesman motivates the feelings of the customers to act.

Importance of Salesmanship:
In the present day, salesmanship plays an important part. Salesman is the connecting
link between sellers and buyers at every step., i.e” from the collection of raw materials
to the finished products. , Of all, customers are the most benefited by salesmen.
Present era is of large-scale production, which is in anticipation of demand. The market
expands along with competition. This makes distribution a difficult and a complex factor
in the face of still competition. The expansion of the market, growing competition etc.,
invite a better salesmanship.

1. Important to Producers:
Salesmanship is important to producers and manufacturers. For pushing products into
the competitive market, salesmanship is necessary. To capture new markets also
salesmanship is very important. Salesmen increase the sales volume. It brings larger
profits to the manufacturers. Salesmen work as the “eye and ear” for the manufacturers.

2. Important to Consumers:
Salesman educates and guides the consumers. He gives them more satisfaction.
‘Consumers are right’ in the marketing. As such, he gives more importance to them.
Salesman helps the consumers in making the right decision and proper selection of the
products which they want to buy. Salesmanship increases the rate of turnover, and
hence reduces unsold stock. As such it minimizes the economic stagnation. Consumers
can select the best products according to their requirements, taste and money.

Duties of a Salesman:
1. The principal duty is to make sales of products or services.
2. He has to do the assigned duty (travelling).
3. He has to make collection of bills relating to sale.
4. He has to make report-Sales made, Calls made, Services rendered, customers lost,
competition and any other matters, relating to firm.
5. All complainants must be satisfied peacefully.
6. He has to attend sales meetings.
7. A salesman with his experience must supply information in order to solve problems
relating to product or the firm.
8. He must maintain a good relation with the customers.
9. He must assist the customers to make good selection.
10. He must develop a goodwill for the firm and the products.
11. He must have cooperative habits.
12 He takes periodic inventories of the stocks.

Characteristics or the Qualities of a Successful Salesman:


Reid gives the following characteristics of a good salesman:
1. Establishing good relationship with a variety of people.
2. Learning quickly and adapting smoothly.
3. Planning ahead and efficiently managing his time and efforts.
4. Working hard to achieve his goals, dedicating himself to provide long-term service,
rather than having a get-rich-quick attitude.
5. Communicating clearly both in speech and in writing.
6. Thinking analytically and learning to break problems down to their basic components.
7. Producing constantly both in quality and quantity rather than performing erratically.
8. Persisting steadily his goal and not giving up easily.
9. Possessing and living up to high moral characteristics that enable people to admire,,
respect and trust him.

“Personality is the personal distinction or dynamic force which is felt by everybody who
comes within the radius.” Personality is the sum total of the impressions made on
people with whom one comes into contact. The impression is the result of many
qualities that one possesses. There are a number of qualities which make a salesman
successful.

To become a successful salesman, he must master all the traits. A number of evidences
as given by RG Walters, J.W. Windate, Russel etc., divide the qualities of a
successful salesman into the following major factors. They are: 1. Personality of a
salesman, 2. Knowledge of the product and, 3. Knowledge of the customers and
their buying motives.

Types of Salesmen:
1. Manufacturer’s Salesmen:
(a) Missionary Salesmen:
They are also known as Creative Salesmen or Pioneer Salesmen. They are employed
by manufacturers and do the work, of missionary nature. They create demand for the
products. They usually develop goodwill. They call on distributors- wholesalers,
retailers, customers, in order to educate, train and induce them to promote the products.
Manufacturers of medical supplies use this type of salesmen to promote their products.

(b) Merchandising Salesmen:


They assist dealers by giving suggestions on display, store- layout, service facility etc.
They arrange wide publicity and conduct demonstration for dealer salesmen, by even
working along with them. They are largely involved in drugs, medicines, grocery etc.
There is a wide scope for this category.

(c) Dealer-Servicing Salesman:


These salesmen call on retailers in their territory and visit them often. They bring
samples of new products, take orders and make up window display.

(d) Sale Promotion Salesmen:


They are also known as Retail Salesman. They are specialized in promotional work.
They are representatives of medical firms or publishers. They may not take spot orders
but they try to convince people like doctors about the new drug, research work, testing,
result etc. They create demand by calling on customers,

(e) Technical Salesmen:


They are trained technically. They provide technical assistance to company’s customers
on matter connected with the product, its quality, its design, its installation etc. Generally
these types of salesmen deal with computers, equipment’s, machinery items, chemical
products etc.

2. Wholesaler’s Salesmen:
Products reach the hands of customers through a number of channels, the main
channel being wholesalers. They are the nerve-centres of distribution between
manufacturers and retailers. These salesmen are mainly concerned with retailers
through whom the products are to be marketed.

Their main concerns are:


1. To guide the wholesalers in giving credit transaction to retailers,
2. To collect bills from retailers and customers,
3. To collect information of the market trend,
4. To help retailers to improve sales and
5. To take orders from retailers.

3. Retail Salesmen:
They are of two types: 1. Indoor salesmen and 2. Outdoor Salesmen. Indoor
salesmen work within the store—counter sales over the counter. They do not need
training as they have to face only customers and not the prospects. They deal with
regular buyers. They are order filling salesmen.

They receive orders and execute them. They must have good manners and a helpful
attitude. They must be able to guide the customers and help them to make quick
decisions. They must also be knowledgeable and honest. Above all, they must maintain
products in the shelves in an attractive manner.

Outdoor salesmen may also be called travelling salesmen. Their main job is to make
regular travels, visit customers, canvass orders etc. They must possess all the qualities
of ideal salesmen.
4. Specialty Salesmen:
They are to sell specialty products-expensive durable goods, furniture, books, house
furnishings, washing machines, automobiles, refrigerators etc. People purchase these
products only after a personal and careful selection, because they do not buy them
frequently. Salesmen of this kind must be masters of the art of salesmanship. They are
representatives of manufacturers, who produce special items.

Action-Centred Leadership FOR JLC


John Adair Background Information
John Adair, born in 1934, developed his Action Centred Leadership model while
lecturing at Sandhurst Royal Military Academy and as assistant director and head of the
leadership department at The Industrial Society. This would have been during the 1960s
and 70s, so in terms of management theories, Adair's work is relatively recent.

1. His work certainly encompasses and endorses much of the previous thinking on
human needs and motivation by Maslow, Herzberg and Fayol, and his theory
adds an elegant and simple additional organizational dimension to these earlier
works.
2. Very importantly, Adair was probably the first to demonstrate that leadership is a
trainable, transferable skill, rather than it being an exclusively inborn
ability.
3. He helped change the perception of management to encompass leadership,
to include associated abilities of decision-making, communication and
time-management.
4. As well as developing the Action Centred Leadership model, Adair has written
over 40 books on management and leadership, including Effective
Leadership, Not Bosses but Leaders and Great Leaders.

What is Action-Centred Leadership?


John Adair's simple Action-Centered Leadership model provides a great blueprint for
leadership and the management of any team, group or organization. Action Centered
Leadership is also a simple leadership and management model, which makes it easy to
remember, apply and adapt to your own situation.

Good managers and leaders should have full command of the three main areas of the
Action Centred Leadership model and should be able to use each of the elements
according to the situation. Being able to do all of these things, and keep the right
balance, gets results, builds morale, improves quality, develops teams and
productivity and is the mark of a successful manager and leader.

Adair's Action-Centred Leadership Model

The three parts of Adair's Action-Centered Leadership model are commonly represented
by three overlapping circles, which is a trademark belonging to John Adair and used
here with his permission.

Adair's famous 'three circles' model is one of the most recognizable and iconic symbols
within management theory.

When you refer to this diagram for teaching and training purposes please attribute it to
John Adair, and help preserve the integrity and origins of this excellent model.
John Adair's Action-Centred Leadership model is represented by Adair's 'three circles'
diagram, which illustrates Adair's three core management responsibilities:

1. Achieving the task


2. Managing the team or group
3. Managing individuals

John Adair's action-centred leadership task-team-individual model adapts extremely


well (as below) to the demands of modern business management.

When using it in your own environment think about the aspects of performance
necessary for success in your own situation and incorporate local relevant factors into
the model to create your own interpretation. This will give you a very useful
management framework.

A. Managerial Responsibilities: The Task


1. Identify aims and vision for the group, purpose, and direction - define the activity
(the task)
2. Identify resources, people, processes, systems and tools (inc. financials,
communications, IT)
3. Create the plan to achieve the task - deliverables, measures, timescales,
strategy and tactics
4. Establish responsibilities, objectives, accountabilities and measures, by
agreement and delegation
5. Set standards, quality, time and reporting parameters
6. Control and maintain activities against parameters
7. Monitor and maintain overall performance against the plan
8. Report on progress towards the group's aim
9. Review, re-assess, and adjust plan, methods and targets as necessary

B. Managerial Responsibilities: The Group

1. Establish, agree and communicate standards of performance and behavior


2. Establish a style, culture and approach of the group - soft skill elements
3. Monitor and maintain discipline, ethics, integrity and focus on objectives
4. Anticipate and resolve group conflict, struggles or disagreements
5. Assess and change as necessary the balance and composition of the group
6. Develop team-working, cooperation, morale and team spirit
7. Develop the collective maturity and capability of the group - progressively
increase group freedom and authority
8. Encourage the team towards objectives and aims - motivate the group and
provide a collective sense of purpose
9. Identify, develop and agree on the team- and project-leadership roles within the
group
10. Enable, facilitate and ensure effective internal and external group
communications
11. Identify and meet group training needs
12. Give feedback to the group on overall progress; consult with, and seek feedback
and input from the group

C. Managerial Responsibilities: The Individuals

1. Understand the team members as individuals - personality, skills, strengths,


needs, aims and fears
2. Assist and support individuals - plans, problems, challenges, highs and lows
3. Identify and agree on appropriate individual responsibilities and objectives
4. Give recognition and praise to individuals - acknowledge effort and good work
5. Where appropriate reward individuals with extra responsibility, advancement and
status
6. Identify, develop and utilise each individual's capabilities and strengths
7. Train and develop individual team members
8. Develop individual freedom and authority

Leadership functions: in order to fulfil the three aspects of leadership (task, team and
individual) and achieve success, Adair believes that there are eight functions that must
be performed and developed by the leader:

1. Defining the task: Individuals and teams need to have the task distilled into a
clear objective that is SMART (Specific, Measurable, Achievable, Realistic and
Time Constrained).
2. Planning: Planning requires a search for alternatives and this is best done
with others in an open-minded, positive and creative way. Contingencies
should be planned for and plans should be tested.
3. Briefing: Team briefing is viewed as a basic leadership function that is
essential in order to create the right atmosphere, promote teamwork, and
motivate each individual.
4. Controlling: Adair wrote in The Skills of Leadership that excellent leaders get
maximum results with the minimum of resources. To achieve this leaders need
self-control, good control systems in place and effective delegation and
monitoring skills.
5. Evaluating: Leaders need to be good at assessing consequences, evaluating
team performance, appraising and training individuals, and judging people.
6. Motivating: Adair distinguishes six principles for motivating others in his book
Effective motivation: be motivated yourself; select people who are highly
motivated; set realistic and challenging targets; remember that progress
motivates; provide fair rewards; and give recognition.
7. Organising: Good leaders have to be able to organise themselves, their team
and the organisation (including structures and processes). Leading change
requires a clear purpose and effective organisation to achieve results.
8. Setting an example: Leaders need to set an example both to individuals and
to the team as a whole. Since a bad example is noticed more than a good one.

ADAIR'S 8 RULES IN MOTIVATING PEOPLE:


Adair proposes that understanding what motivates individuals to act is fundamental to
engaging their interest and focusing their efforts. The will that leads to action is
governed by motives, and motives are inner needs or desires that can be conscious,
semi-conscious or unconscious. In The John Adair handbook of management and
leadership the point is made that 'motives can also be mixed, with several clustered
around a primary motive'.

Adair emphasizes the importance of a motivating environment and a motivated


individual. The third, crucial factor is the role of the leader who must, he believes, be
completely self-motivated. In Effective motivation, eight basic rules are outlined to
guide leaders in motivating people to act:

1. Be motivated yourself.
2. Select people who are highly motivated.
3. Treat each person as an individual.
4. Set realistic and challenging targets.
5. Remember that progress motivates.
6. Create a motivating environment.
7. Provide fair rewards.
8. Give recognition.

DEVELOPING A PERSONAL SENSE OF TIME


Adair's view of time management accords closely with Peter Drucker's, in that he
argues for the prior need to manage time in order to manage anything else. Adair was
one of the first management thinkers to emphasise the critical importance of time
management and its central role in focusing action and helping leaders to achieve
goals. For Adair, time management is not simply about being organised or efficient, or
completing certain tasks: it is about managing time with a focus on achievement. Time
management should be goal-driven and results-oriented.

Success in time management should be measured by the quantity of productive work


achieved, and the quality of both the work and the person's private life.

TEN PRINCIPLES OF TIME MANAGEMENT ARE;

1. Develop a personal sense of time.


2. Identify long-term goals.
3. Make medium-term plans.
4. Plan the day.
5. Make the best use of your best time.
6. Organise office work.
7. Manage meetings.
8. Delegate effectively.
9. Make use of committed time.
10. Manage your health

Of these ten principles, developing a personal sense of time is central to Adair, again
highlighting his emphasis on individual characteristics.
TRAFFIC INVESTIGATION
INTRODUCTION:

One, if not the gravest threat to the nations manpower and economy today is road
accident. In spite of the alarming and enormous amount of damage to property and lost of
lives, road accident has not become much concern to the government and the citizenry. The
citizens attitude toward accident is nothing, but complacency. Is our traffic beyond solution?
John Cohen in his book ‘’Causes and prevention of road accident””, Says -

“If we find the will we should find the way, for we cannot just assume the problem of road
safety are beyond the wit of man to solve, once they have been identified. We do not have the
will because we are not sufficiently move by disaster of the road”

THE IMPORTANCE OF TRAFFIC ACCIDENT INVESTIGATION

Traffic accident investigation is important to find out the WHY and HOW traffic accidents
happened, that is to find out the causes of traffic accident, is also necessary to prevent accident.
It will provide necessary information or data to all agencies engaged in traffic management as
basis for their respective action in preventing traffic accident.
1. Lawmaker will know what laws to pass.
2. Educators will know what to teach.
3. Engineer’s will know how to improve roads and traffic control device.
4. Police administrators will know to make effective use of manpower and
equipment to prevent accident and also it will provide basis for intelligent planning of
enforcement action directed toward the prevention of traffic accident.

 WHAT IS TRAFFIC ACCIDENT INVESTIGATION – It is determining WHAT happened, WHO


and WHAT is involved and HOW and WHY the accident happened, than preferably
WHERE and WHEN it happened.

 FIVE (5) LEVELS OF TRAFFIC ACCIDENT INVESTIGATION:

 1. Reporting
 2. Supplementary Data Collection
 3. Technical Preparations
 4. Professional Reconstruction
 5. Cause Analysis

 1. REPORTING; It is defined as the data basis collection to identify and classify a motor
vehicle or traffic accident and persons and property involved. In this level of
investigation, only factual information is wanted, opinions are not necessary. Reporting
accident is required of the police and no special training is required because detailed
form is used.
 In reporting traffic accident, the following information should be gathered;

 1. Kind of accident
 2. time of accident
 3. Location of accident
 4. Environment- rural, urban, weather and light condition;
 5. Property damage
 6. Vehicles involved
 7. Drivers involved, pedestrians
 8. Passengers
 9. Witnesses
 10. Official activity to include police agency, name of person reporting, date report
is filled and approval of report.


 2.SUPPLEMENTAL DATA COLLECTION; Second level of traffic accident investigation is
defined as “the immediate data collection in addition to that reflected in the accident
report which may be required for special diagrams and to support charges of violations
and to assist in settling negligence claims.

KINDS OF INFORMATION:

1. Measurement to locate final positions of vehicles and bodies of persons killed or injured.
2. Measurement to locate tire marks, gouges, debris left by accident on road.
3. Photos of final position of vehicles
4. Photos of tire marks, gouges, debris left by accident on the road
5. Description of damage to vehicles
6. Photos of damage to vehicles
7. Obtaining samples for alcohol and drug test
8. Informal statements of people involved and other witnesses.
9. Preliminary matching of contact damage between vehicles to vehicles and road surface or fix
objects.
10. Description and photos of damages to such equipment as, lamps, tires batteries, safety belts
and obtaining those for test if possible.
11. Obtaining samples of paints and glass for examination.
12. Chemical test for intoxication.
13. Autopsies to determine cause of death, and
14. Medical description of injuries

3. TECHNICAL PREPARATION; The third level of accident investigation is defined as “the


delayed data collection and data organization for study and interpretations.

4. PROFESSIONAL RECONSTRUCTIONS – Is defined as the “Attempt to determine, from


whatever information is available, HOW the accident happened. Sometimes referred to
as determining behavioral or mediate cause of accidents.
5. CAUSE ANALYSIS -- Is defined to determine from whatever information is available
CLASSIFICATION OF TRAFFIC ACCIDENT:
Traffic accident are generally classified into TYPE and SEVERITY:

As to TYPES: accident maybe classified into COLLISION and NON-COLLISION;

Collision is when there is physical contact. Ex: Running off the road, overturning and the like.

PLAN OF ACTION:
1. Evaluation. - Evaluate the assistance requirements of necessary, such as: ambulance,
fire department. And traffic control, request the necessary tow trucks, etc.
2. First Aid –After assisting the assistance required, attend to injured.
3. Protect the scene – Stabilize the scene as soon as possible following the care of the
injured. Place emergency warning devices.
4. Evidence – Take the appropriate measurements, collect evidences, note the debris,
and photograph as appropriate.
5. Locate witnesses – and have them standby until such time, and they maybe
interviewed.
6. Vehicle removal – Direct the tow services into and out of the scene giving them as much
assistant as possible.
7. Open the roadway – Effect the sweep and wash-down of the scene as possible
following the vehicle removal, and restore the normal traffic flow
8. Effect arrests immediately.
9. Compile the investigation report..
EVIDENCES:
The officer should begin with a full-sized sheet of paper on a clipboard. drew of sketch of
the intersection, of roadway. Collision involving major injuries or fatalities, and in every
instance wherein skid marks are present, the officer should use a steel tape to assure
accuracy of the measurement. If other officers have not yet come, the officer of
the scene may be request an assistance of by-stander after obtaining his\her I.D. and in the
report, his name, address, phone number if any shall be included for court purposes
If required in the future.
Vehicle debris , broken glasses, a gouge mark in the pavement , a skid mark, paint
transfer, pieces of spilled lead or whatever may be present must be noted on the sketch.
This sketch must be finalized later omitting none from the rough sketch.

STATEMENTS:

Contact the witnesses who are now in stand-by in a safe, out of roadway area. Interview
witnesses first. Then writing statements of the witnesses, use the third person in reporting.
Whenever a direct quote is used, place the statements of the witnesses in a quotation
marks. Questions to be ask must where were they in relation to the collision , what
obstruction existed to impair their view; now in their vision; what brought their attention to
the eminent situation; did they just happen to be looking in that direction or did the sound
of the crash cause them to look. Witnesses who hears the crash and see the participating
vehicles has little importance.

10. As to SEVERITY, accident maybe: (1) FATAL-when death occur or is involved


(2) NON-FATAL-when only injuries occur
(3) DAMAGE TO PROPERTY
DEFINITION OF BASIC TERMS:

1. HIGHWAY---is the way or place whatever nature, publicity maintained and open to the use
of public for purpose of vehicular travel. (streets included)

2. MOTOR VEHICLE--- in every deviced which is in self property and every vehicle which is
propelled by electric power obtained from overhead trolley wires operated upon rails.

3. ROADWAY---is a portion of traffic way which is improved, designed, or ordinarily used for
vehicular travel exclusive for the shoulder.

4. SIDEWALK---is that portion of the highway, other than the roadway, set apart by curbs,
barriers, markings, or delineation for pedestrian travel.
5. PEDESTRIAN---is any person who is a foot or who is using a means of conveyance
propelled by human power other than the bicycle. Thus, a pedestrian maybe a foot or upon
a skateboard roller.
6. PERSON--- includes in a natural persons, firm, co-partnership, association or corporation.
Thus a company may register a vehicle, in the name of the company and not in the name of
the owners.

7. PRIVATE ROAD OR DRIVEWAY---is the way or place in private ownership or use for
vehicular travel by the owner and those with expresses or implied permission from the
owner but not by the members of the public.

8. OFFICIAL TRAFFIC CONTROL DEVICE--- is any sign, signal, marking, or device inconsistent
with a vehicle code, placed or erected by the authority of a public borty or official having
jurisdiction , for the purpose of regulating , warning or guiding traffic.

9. OFFICIAL TRAFFIC CONTROL SIGNAL---is any device, whether manually, electrically, or


mechanically operate, by which traffic is alternately directed to stop and proceed and which
is erected by authority of a public body or official having jurisdiction.

10. TRAFFIC---number of automobiles, pedestrians, etc. moving of along a street; also their
movement along a street.

11. DRIVER---is a person who drives or is in actual physical control of a vehicle.

12. CROSSWALK---a portion of the roadway distinctly indicated for pedestrian crossing by
lines or other markings on the surface.

13. ACCIDENT OR COLLISION---applies to all kinds of accidents including motor vehicle traffic
accident; those leading to the damaging or injuring occurrence and often also those
following it.

14. MOTOR VEHICLE TRAFFIC ACCIDENT---is any motor vehicle accident that occurs on a
highway or that occurs after the motor vehicles run off the road but before events are
stabilized.

15. MOTOR VEHICLE NON-TRAFFIC ACCIDENT---is any motor vehicle accident occurring
entirely at a place other than on a highway.

16. NON-STOP MOTOR VEHICLE. TRAFFIC ACCIDENT---any accident occurring on a traffic


way involving person using the traffic way for travel or transportation but not involving a
motor vehicle in motion.

17. DELIBERATE INTENT---is an international act that directly involves a motor vehicles in
transport and purposely cause or tries to cause injury or damage to property.

R.A. 4136- otherwise known as the Land Transportation and Traffic Code.

CHAPTER IV.- TRAFFIC RULES

Article 1. – Speed Limit and Keeping to the Right

SEC. 35. Restriction as to speed.- (a) Any person driving a motor vehicle on a highway shall
drive the same at a careful and a prudent speed, not greater nor less than is reasonable and
proper, having due regard for the traffic, the width of the highway, and for any condition
then and there existing ; and no person shall drive any motor vehicle at such a speed as to
endanger the life, limb and property of any person nor at a speed greater than will permit
him to bring the vehicle to a stop within the assured clear distance ahead.
(b) Subject to the provision of the preceding paragraph, the rate of speed of any motor
vehicle shall not exceed the following:
 MAXIMUM ALLOWABLE SPEED
 Passenger cars Motor Trucks
 and motorcycles and buses
 1. On open country roads with no
 “blind corners” not closely bordered 80 km./hr. 50 km./hr.
 by habitations.

 2. On “through streets" or boulevards
 clear of traffic, with no blind corners 40 km/hr. 30 km/hr.
 When so designated.

 3. On city and municipal streets,
 With light traffic, when not designa- 30 km/hr. 30 km/hr.
 ted through streets.

 4. Through crowded streets,
 Approaching intersections at
 “blind corners” passing school 20 km/hr. 20 km/hr.
 Zones, passing other vehicles
 Which are stationary, or for similar
 dangerous circumstances

(c) The rates of speed hereinabove prescribed shall not apply to the following:

(1) A physician or his driver when the former responds to emergency calls:
(2) The driver of a hospital ambulance on the way to and from the place of accident or
other emergency.
(3) Any driver bringing a wounded or sick person for emergency treatment to a hospital,
clinic, or any other similar place;
(4) the driver of a motor vehicle belonging to Armed Forces while in use for official
purposes in times of riot, insurrection or invasion
(5) The driver of a vehicle, when he or his passenger are in pursuit of a criminal.
(6) A law enforcement officer who is trying to overtake a violator of traffic laws:
(7) The driver officially operating a motor vehicle of any fire department, provided that
exemption shall not be construed to allow useless or unnecessary fast driving of drivers
aforementioned.

SEC.36. Speed limits uniform throughout the Philippines.- No provincial, city or municipal
authorities shall enact or enforce any ordinance or resolution specifying maximum allowable
speeds other than those provided in this Act.

SEC. 37. Driving on right side of highway- Unless a different course of action is required in
the interest of safety and the security of life, person or property, or because of
unreasonable difficulty of operation in compliance herewith, every person operating a
motor vehicle or an animal drawn vehicle on a highway shall pass to the right when meeting
person or vehicles coming toward him, and to the left when overtaking persons or vehicles
going to the same direction, and when turning to the left in going from one highway to
another, every vehicle shall be conducted to the right of the center of the intersection of the
highway.

SEC. 38. Classification of highways.- Public highways shall be properly classified for traffic
purposes by the provincial board, municipal board or city council having jurisdiction over
them, and said provincial board, municipal board or city council shall provide appropriate
signs therefore, subject to the approval of the commissioner. It shall be the duty of every
provincial, city and municipal secretary to certify the commissioner the names, locations,
and limits of all “through streets” designated as such by the provincial board, municipal
board or council.

Article II. – Overtaking and Passing a vehicle and turning at Intersection

SEC. 39- Overtaking a vehicle.- The driver of any motor vehicle overtaking another vehicle
proceeding on the same direction shall pass at a safe distance to the left hereof, and shall
not again drive on the right side of the highway until safely clear of such overtaken vehicle,
except that, on a highway, within a business or residential district, having two or more lanes
for the movement of traffic in one direction, the driver of a vehicle may overtake and pass
another vehicle on the right. Nothing in this section shall be construed to prohibit a driver
overtaking and passing, upon the right, another vehicle which is making or about to make a
left turn.

SEC. 40- Driver to give way to overtaking vehicle.- the driver of a vehicle about to be
overtaken and passed by another vehicle approaching from the rear shall give way to the
overtaking vehicle on suitable and audible signal being given by the driver of the overtaking
vehicle, and shall not increase the speed of his vehicle until completely passed by the
overtaking vehicle.

SEC. 41. – Restriction on overtaking and passing .

a) The driver of a vehicle shall not drive to the left side of the center line of a highway
in overtaking or passing another vehicle proceeding in the same direction, unless such left
side is clearly visible, and is free of oncoming traffic for a sufficient distance ahead to
permit such overtaking or passing to be made safety.

(b) The driver of a vehicle shall not overtake or pass another vehicle proceeding in the
same direction, when approaching the crest of a grade, nor upon a curve in the highway,
where the driver’s view along the highway is obstructed within a distance of five hundred
feet ahead, except in a highway having two or more lanes fro movement of traffic in one
direction where the driver of vehicle may overtake or pass another vehicle; Provided, that
on a highway, within a business or residential district, having two or more lanes for
movement of traffic in one direction, the driver of a vehicle may overtake or pass another
vehicle on the right.

(c) The driver of a vehicle shall not overtake or pass any other vehicle proceeding in the
same direction, at any railway grade crossing, nor at any intersection of high ways, unless
such intersection or crossing is controlled by traffic signal, or unless permitted to do so by a
watchman or a peace officer, except on a highway having two or more lanes for movement
of traffic in one direction where the driver of a vehicle may overtake or pass another vehicle
on the right nothing in this section shall be construed to prohibit a driver is making or about
to make a left turn.
(d) The driver of a vehicle shall not overtake or pass, or attempt to pass, any other
vehicle, proceeding in the same direction, between any points indicated by the placing of
official temporary warning or caution signs indicating that men are working on the
highways.
(e) The driver of a vehicle shall not overtake or pass, or attempt to overtake or pass, any
other vehicle proceeding in the same direction in any “no passing or overtaking zone.”
Article III.—Right of Way and Signals

SEC. 42. Right of Way.

(a) When two vehicles approach or enter an intersection at approximately the same
time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the
right, except as otherwise hereinafter provided. The driver of any vehicle traveling at any
unlawful speed shall forfeit any right of way which he might otherwise have hereunder.

(b) The driver of a vehicle approaching but not having entered an intersection, shall yield
the right of way to a vehicle within such intersection or turning therein to the left across the
line of travel of such first-mentioned vehicle, provided the driver of the vehicle turning left
has given a plainly visible signal of intention to turn as required in this Act.

(c) The driver of any vehicle upon a highway within a business or residential district
shall yield the right of way to a pedestrian crossing such highway within a crosswalk except
intersections where the movement of traffic is being regulated by a peace officer or by
traffic signal. Every pedestrian crossing a highway whining a business or residential district,
at any point other than across, shall yield the right of way to vehicles upon the highway.

(d) The driver of a vehicle upon a highway shall bring to a full stop such vehicle upon a
highway shall bring to a full stop such vehicle before traversing any “through highway” or
railroad crossing: provided, that when it is apparent that no hazard exists, the vehicle may
be slowed down to five miles per hour instead of bringing it to full stop.

SEC. 43. Exception to the right way rule.—(a) The driver of a vehicle entering a highway from
a private road or drive shall yield the right of way to all vehicle approaching on such
highway.
(b) The driver of a vehicle upon a highway shall yield the right of way to police or fire
department vehicle and ambulances when such vehicles are operated on official business
and the drivers thereof sound audible signal of their approach.
(c) The driver of entering a “through highway’’ or a stop intersection” shall yield the
right of way to all vehicles approaching in either direction on such “through highway”:
Provided, that nothing in this subsection shall be construed as relieving the driver of any
vehicle being operated on a “through highway” from the duty of driving with due regard for
the safety of vehicles entering such “through highway” nor as protecting the said driver
from the consequence of an arbitrary exercise of such right of way.

SEC. 44.- Signals on starting , stopping or turning.-


(a) The driver of any vehicle upon a highway, before starting , stopping or turning
from a direct line , shall first see that such movement can be made in safety, and if any
pedestrian may be affected of such movement, shall give a clearly audible signal by
sounding the horn, and whenever the operation of any other vehicle approaching or
following may be affected by such movement, shall give a signal plainly visible to the driver
of such other vehicles of the intention to make such movement.
(b) The signal herein required shall be given by means of extending the hand arm
beyond the left side of the vehicle, or by an approved mechanical or electrical signal device.
Article IV. –Turning and Parking

Sec.45 turning at intersection-

(a) the driver of a vehicle intending to run to the right at an intersection shall approach such
intersection the lane for traffic nearest to the right-hand side of the highway and in turning,
shall keep as close as possible to the right hand-curb or edge of the highway.

(b) The driver of the vehicle intending to turn to the left shall approach such intersection in
the lane for traffic to the right of and nearest to the center line of the highway, and in
turning, shall pass to the center

(c) For the purpose of this Section, the center of the intersection shall mean the meeting
point of the medial lines of the highways intersecting one another, except when it is
occupied by a monument, grass plot or any permanent structure, other than a traffic control
device.

SEC. 46- Parking prohibited in specified places.- No driver shall parka vehicle, or permit it to
stand whether attended or unattended, upon a highway in any of the following places:

(a) Within an intersection.


(b) On a crosswalk
(c) Within six meters of the intersection of curb lines.
(d) Within four meters of the driveway entrance to any fire station.
(e) Within four meters of a fire hydrant.
(f) In front of a private driveway.
(g) On the roadway side of any vehicle stopped or parked at the curb or edge of the
highway
(h) At any place where official signs have been erected prohibiting parking.
Article V. – Miscellaneous Traffic Rules

SEC.48. Reckless driving. – No person shall operate a motor vehicle on any highway
recklessly or without reasonable caution considering the width, traffic, grades, crossing,
curvatures, visibility and other conditions of the atmosphere and weather, or so s to
endanger the property or the safety or rights of any person or so as to cause excessive or
unreasonable damage to the highway.

SEC. 49. - Right of way for police and other emergency vehicles. - upon the approach of any
police or fire department vehicle, or of an ambulance giving audible signal, the driver of
every other vehicle shall immediately drive the same to a position as near as possible and
parallel to the right hand edge or curb of the highways, clear of any intersection of
highways, and shall stop and remain in such position, unless otherwise directed by a peace
officer, until such vehicle shall have passed.

SEC. 50. - Tampering with vehicles. - No unauthorized person shall sound the horn, handle
the levers or set in motion or in anyway tamper with or damage or deface any motor
vehicle.

SEC.51.- Hitching to a vehicle.- No person shall hang on to, or ride on, the outside or the rear
end of any vehicle, and no person on a bicycle, roller skate or other similar device, shall hold
fast or hitch on to any moving vehicle, and no driver shall knowingly permit any person to
hang on to, or ride on, the outside or rear end of his vehicle or allow any person on a
bicycle, roller skate or other similar device to hold fast or hitch to his vehicle.

SEC. 52. - Driving or parking on sidewalk. - No person shall drive or park a motor vehicle
upon or along any sidewalk, path or alley not intended for vehicular traffic for parking.

SEC. 53. - Driving while under the influence of liquor or narcotic drug. - No person shall drive
a motor vehicle while under the influence of liquor or narcotic drug.

SEC. 54. - Obstruction of Traffic.- no person shall drive his motor vehicle in such a manner as
to obstruct or impede the passage of any vehicle, nor while discharging or taking on
passengers or loading or unloading freight, obstruct the free passage of other vehicles on
the highway.

SEC. 55. - Duty of driver in case of accident. - In the event that any accident should occur as
a result of operation of motor vehicle upon a highway, the driver shall stop immediately, and
if requested by any person present, shall show his driver’s license, give his true name and
address and also the true name and address of the owner of the motor vehicle. No driver of
a motor vehicle concerned n a vehicular accident shall leave the scene of accident without
aiding the victim, except under any of the following circumstances:

1. If he is in imminent danger of being seriously harmed by any person or persons by


reason of the accident;
2. If he reports the accident to the nearest officer of the law; or
3. If he has to summon a physician or nurse to aid the victim.

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