PROFESSIONAL CONDUCT

AND
ETHICAL STANDARD
JohnRonald Yumol Alcaraz
RCrim, MSCJ(IP)
Rank 2(Region 3) June 2019 Criminologist Licensure
Examination
A normative science of the conduct of
human being living in a society. They
are rules of conduct.

ETHICS
CENTRO REVIEW CENTER
❑ Ethics

 Study and philosophy of human conduct,

emphasizing the determination of right and wrong
or to the basic principles of right action.

 Study and analysis of what constitutes good or

bad conduct.

 It may refer to accepted personality of a man.

CENTRO REVIEW CENTER

❑Ethics

*** Ethic and Ethics were coined

from the Latin word “ethicus” or
Greek word “ethikos” and “ethos”
which mean “character”.

CENTRO REVIEW CENTER

shall refer to established and generally accepted
moral values and ethical acts

ETICAL STANDARDS
 AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL
STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD
THE TIME-HONORED PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC
TRUST, GRANTING INCENTIVES AND REWARDS FOR EXEMPLARY
SERVICE, ENUMERATING PROHIBITED ACTS AND TRANSACTIONS
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR
OTHER PURPOSES

 Approved, February 20, 1989



 
 SECTION 1  SECTION 2
 SECTION 3

Title
Declaration of Policies Definition of Terms

Duties of Public
Norms of Conduct of Public Officials and System of Incentives
Officials and Employees Employees and Rewards
 SECTION 4  SECTION 5
 SECTION 6
 Article XI, Section 1, 1987 Constitution
Section 2, RA No. 6713

 Public office is a public trust.

It is the policy of the State to promote a high standard
of ethics in public service.

Public officials and employees shall at all times be
accountable to the people and shall discharge their
duties with utmost responsibility, integrity, competence
and loyalty; act with patriotism and justice; lead
modest lives; and uphold public interest over personal
interest.
RIZALINA R FRANCISCO
 Section 3. Definition of Terms

 "Government" includes the National Government, the local

governments, and all other instrumentalities, agencies or branches
of the Republic of the Philippines including government-owned or
controlled corporations, and their subsidiaries.

"Public Officials" includes elective and appointive officials
and employees, permanent or temporary, whether in the career
or non-career service, including military and police personnel,
whether or not they receive compensation, regardless of amount.
 Section 3. Definition of Terms
"Gift" refers to a thing or a right to dispose of gratuitously,
 .or any act or liberality, in favor of another who accepts it,
and shall include a simulated sale or an ostensibly onerous disposition
thereof.

"Receiving any gift" includes the act of accepting directly or indirectly,

 a gift from a person other than a member of his family or relative as
defined in this Act, even on the occasion of a family celebration or
national festivity like Christmas, if the value of the gift is neither
nominal nor insignificant, or the gift is given in anticipation of, or in
exchange for, a favor.
 "Loan" covers both simple loan and commodatum as well as
guarantees, financing arrangements or accommodations
intended to ensure its approval.
 Section 3. Definition of Terms

 "Substantial stockholder“
- means any person who owns, directly or indirectly, shares of
stock sufficient to elect a director of a corporation. This term
shall also apply to the parties to a voting trust.

"Family of public officials or employees"

 means their spouses and unmarried children under eighteen
(18) years of age.

"Person"
 includes natural and juridical persons unless the context
indicates otherwise.
 Section 3. Definition of Terms
"Conflict of interest"
arises when a public official or employee is a member of a board, an
officer, or a substantial stockholder of a private corporation or owner or
has a substantial interest in a business, and the interest of such
corporation or business, or his rights or duties therein, may be opposed
to or affected by the faithful performance of official duty.

"Divestment"
is the transfer of title or disposal of interest in property by
voluntarily, completely and actually depriving or dispossessing
oneself of his right or title to it in favor of a person or persons other
than his spouse and relatives as defined in this Act.
 "Relatives"
refers to any and all persons related to a public official or employee
within the fourth civil degree of consanguinity or affinity, including
bilas, inso and balae.
 Section 4. NORMS OF CONDUCT FOR GOVERNMENT OFFICIALS

 Commitment to public interest  Responsiveness to the public

Professionalism
  Nationalism and patriotism
Justness and sincerity
  Commitment to democracy
 Political neutrality  Simple living
Section 5. DUTIES OF PUBLIC OFFCIALS AND EMPLOYEES

Act promptly on letters and requests

Submit annual performance reports

Process documents and papers expeditiously

Act immediately on the public's personal transactions

Make documents accessible to the public

Section 6. SYSTEM OF INCENTIVES AND REWARDS

 A system of annual
incentives and rewards
is hereby established in
order to motivate and
inspire public servants to
uphold the highest
standards of ethics.
Section 6. SYSTEM OF INCENTIVES AND REWARDS

The Ramon Magsaysay Award

is an annual award established to
perpetuate former Philippine
President Ramon Magsaysay's
example of integrity in governance,
courageous service to the people, and
pragmatic idealism within a
democratic society.
The prize was established in April 1957
by the trustees of the Rockefeller
Brothers Fund based in New York
City with the concurrence of the
Philippine government
Section 6. SYSTEM OF INCENTIVES AND REWARDS
The Honor Awards program
 is an annual undertaking of the Civil Service
Commission that recognizes government
officials and employees who have displayed
outstanding work performance.
The conferment of honor awards aims to
motivate or inspire government employees to
improve the quality of their performance and
instill deeper involvement in public service.
The search culminates with the recognition
and conferment of awards to deserving public
servants during the celebration of the
anniversary of the Philippine Civil Service in
September.
Section 7. PROHIBETED ACTS AND TRANSACTIONS

Public officials and

 Financial and  employees during
material interest their incumbency
shall not:

These prohibitions shall continue to apply

Own, control, manage or
for a period of one (1) year after accept employment as officer,
employee, consultant, counsel,
resignation, retirement, or separation from broker, agent, trustee or
nominee in any private
enterprise regulated, supervised
public office, except in the case of or licensed by their office unless
expressly allowed by law
subparagraph (b) (2) above, but the
professional concerned cannot practice his
profession in connection with any matter Engage in the private practice
of their profession unless
authorized by the Constitution or
before the office he used to be with, in law, provided, that such
practice will not conflict or tend
which case the one-year prohibition shall to conflict with their official
functions

likewise apply.
Section 7. PROHIBETED ACTS AND TRANSACTIONS

 
Disclosure and/or
Solicitation or
misuse of confidential
acceptance of gifts
information

Public officials and employees shall not solicit

or accept, directly or indirectly, any gift,
gratuity, favor, entertainment, loan or anything
of monetary value from any person in the
course of their official duties or in connection
with any operation being regulated by, or any
transaction which may be affected by the
functions of their office.
Section 7. PROHIBETED ACTS AND TRANSACTIONS

 As to gifts or grants from foreign governments, the Congress

consents to:

(i) The acceptance and retention by a public official or
employee of a gift of nominal value tendered and received as a
souvenir or mark of courtesy;
(ii) The acceptance by a public official or employee of a gift in
the nature of a scholarship or fellowship grant or medical
treatment; or
(iii) The acceptance by a public official or employee of travel
grants or expenses for travel taking place entirely outside the
Philippine (such as allowances, transportation, food, and
lodging) of more than nominal value if such acceptance is
appropriate or consistent with the interests of the Philippines,
and permitted by the head of office, branch or agency to which
he belongs.
 ESTRADA vs. SANDIGANBAYAN G.R. No. 159486-88.
November 25, 2003 Partisan Political Activities
FACTS:
 Atty. Alan F. Paguia, speaking for petitioner, Joseph Ejercito Estrada claims of
political partisanship against the members of the Court, asserting that the justices
have violated Rule 5.10 of the Code of Judicial Conduct which prohibits justices or
judges from participating in any partisan political activity by attending the ‘EDSA 2
Rally’ and by authorizing the assumption of Vice-President Gloria Macapagal
Arroyo to the Presidency in violation of the 1987 Constitution. Petitioner contends
that the justices have thereby prejudged a case that would assail the legality of
 the act taken by President Arroyo.
Sandiganbayan issued an order denying the foregoing motion, as well
as the motion to dismiss, filed by petitioner. Forthwith, petitioner filed
a ‘Mosyong Pangrekonsiderasyon’ of the foregoing order.

ISSUE:

Was the act of the Chief Justice in swearing into office PGMA in EDSA
a partisan political activity?
 ESTRADA vs. SANDIGANBAYAN G.R. No. 159486-88.
November 25, 2003 Partisan Political Activities

 RULING:

No. The claim of the petitioner is of no merit. It should be clear

that the phrase “partisan political activities,” in its statutory
context, relates to acts designed to cause the success or the defeat
of a particular candidate or candidates who have filed certificates
of candidacy to a public office in an election. The taking of an oath
of office by any incoming President of the Republic before the
Chief Justice of the Philippines is a traditional official function of
the Highest Magistrate. The assailed presence of other justices of
the Court at such an event could be no different from their
appearance in such other official functions as attending the Annual
State of the Nation Address by the President of the Philippines
before the Legislative Department
Whoever walks in integrity and
with moral character walks securely,
but he who takes crooked way
will be discovered and punished.

- The Holy Bible, Proverbs 10:9 (AMP)

-
A practical science that treats the
principles of human morality and
duty as applied to law
enforcement

POLICE ETHICS
❑ Moral
 Came from the Latin word “moralis” or “moris” which means
custom or manners.
 Practice of “Ethics” where it involves comprehension of
morality and the
 capacity to put into practice.
❑ Ethical
 Connotes condition in accordance with right principles
as defined by a given system of ethics or professional
conduct.
❑ Personal Ethics
 Comprehends how one should act in relation to oneself
❑ Social Ethics
 How one should act to others.

ELEMENTS OF HUMAN ACTS
 KNOWINGLY - when the person
fully understands what he is doing
and has the ability to appreciate
the consequences of his actions
 DELIBERATELY - when the
person did his actions intentionally
 FREELY - when the person
performed his actions voluntarily
THREE DOMAINS OF HUMAN ACTIONS
DOMAIN OF CODIFIED LAW – values and
standards are written into the legal systems
and enforceable in the courts.
DOMAIN OF ETHICS – (obedience is to
enforceable norms and standards about
which the individuals or organization
aware.)
DOMAIN OF FREE CHOICE – this is pertain
to behavior about which law has to say
and for which an individual or organization
enjoys complete freedom, example of
choosing a marriage partner or religion.
(Obedience is strictly to oneself.)
❑ Conscience

 The ability to recognize right from

wrong and to follow one’s own
sense of what if right.
 An innate moral sense; people
may either be born with it or not.
❑Intuition
 Instinctive knowledge which is the
state of being aware of or knowing
something without having to
discover or perceive it,
or ability to do this; or the instinctive
belief which is something known or
believed instinctively, without
evidence for it.
 Natural ability of man to perceive and
understand things around him.
A habit that inclines person
to act in a way that
harmonizes with his nature.

VIRTUE
 FILIPINO VIRTUES
Fear of the Lord (Pagkatakot sa Diyos)
Recognition of the Divine Being as Close Family Ties (Makapamilya)
source of everything in world which Community Spirit (Bayanihan)
translates into respect for fellow
Solidarity (Pakikibaka)
Filipinos for nature.
Unity in fighting poverty, injustice
Faith (Pananalig)
and inequality
That the Divine Being watches over
Love for Others/Fellowmen
each and every one of us.
(Pakikipagkapwa/Pakikisa
Close Family Ties (Makapamilya) ma)
Knowledge (Karunungan)
 FILIPINO VIRTUES
Love to learn new things
Love for Country or Patriotism
(Pagmamahal sa Bayan)
Responsible Citizenship
(Mabuting
Mamamayan)
Courage (Lakas or TIbay ng
Loob)
Industry/Hardworking (Masipag
or Kasipagan)
Nurturing (Mapag-alaga or
mapag-aruga)
Faithfulness (Katapatan)
Joyful (Masayahin)
Flexibility or Adaptability
(Marunong Makisama)
Creativity or Ingenuity
(Marunong Gumawa ng Paraan)
 Weaknessof theFilipinoValues

 Extreme Personalism
 Extreme Family Centeredness
 Lack of Discipline
 Ningas Cogon (procrastination)
 Bahala na Attitude (come what may)
 Diyos na Bahala (surrendering to God)
 Pakikisama (for the seek of harmony)
 Kumpadre-system (friends first)
 Passivity and Lack of Initiative
 Colonial Mentality
A conceptual policy laid down for observance
of all law enforcement personnel to exercise
utmost restraint and self-control in the
performance of their official functions.

MAXIMUM TOLERANCE
An act of a member of the PNP pursuing or following any
calling or occupation, or the act of engaging in any
business, which includes but not limited to all activities,
jobs, work and similar functions, performed, engaged in
or undertaken by him, in or off duty hours with or without
compensation, which is inconsistent or incompatible
with the PNP duties and/or functions.

MOONLIGHTING
CENTRO REVIEW CENTER
 FOUR (4) CARDINAL VIRTUES

1. Prudence
2. Temperance
3. Fortitude
4. Justice

CENTRO REVIEW CENTER

1. Prudence- An ability to govern and
discipline oneself be means of reason
and sound judgment.

2. Temperance- An ability to moderate or

avoid something. It is a virtue that regulates
the carnal appetite for sensual pleasure
3. Fortitude- Firmness of mind.
It is the courage to endure without yielding.
A virtue that incites courage.
It is exercise by means of:
a)Patience- calmness and composure in
enduring something;
b)Perseverance- the ability to go on despite of
the obstacles and opposition; and
c) Endurance- it is the ability to last.
CENTRO REVIEW CENTER
4. Justice- The virtue that inclines the will to give to each one
of his rights. There are three (3) division of justice, to wit:

a) Commutative- virtue that regulates those actions that

involve the rights that exist between one another;

b) Distributive- it regulates those actions that involve the

rights that an individual may claim form society; and

c) Legal- virtue that regulates those actions which society

may justly require to the individual for the common
good.
CENTRO REVIEW CENTER
1. Civil Rights are those
which an individual
enjoys in his private
activities, or in his
transactions with others,
protected and granted
by law.
2. these include the right
privacy, the right to travel
or change residence, the
right t property, the right
to worship, and the right
to free access to a court
of justice.
Political Rights are those
which an individual enjoys
participating in government
affairs. These include the
right of speech and free
press, the right to form
associations, right to
assemble and to petition the
government for redress of
grievances, the right to vote
and be voted upon to
public office.
 The following are the professional
police principles:
1. Prevention of crime and disorder.
2. Cooperation of the community.
3. Unreasonable force reduces
community cooperation.
4. Use of reasonable force when
persuasion is not sufficient.
5. Impartial enforcement of laws.
 Cont..

6. The community are the police.

7. Police should not usurp judicial
powers
8. Rules of engagement impartially
observed
9. Reduction of crime and dishonor
10. Police discretion
 3 TYPES OF FEASANCES

MISFEASANCE IMPROPER PERFORMANCE

OF AN ACT

NON-FEASANCE NON PERFORMANCE

MAL FEASANCE PERFORMANCE OF ACT
NOT TO BE DONE
NEGLECT OF DUTY OR
NON-FEASANCE

- the failure to perform an act or duty that is

part of one’s obligation without sufficient excuse.
MISCONDUCT OR
MALFEASANCE
(WRONGDOING)

-the commission of an act

that one is prohibited to
do
-MISFEASANCE or
IRREGULARITIES IN THE
PERFORMANCE OF DUTY
- theimproper performance
of some act which might
lawfully be done
INCOMPETENCY
-the manifest lack of adequate
ability and fitness for the satisfactory
performance of police duties

- has reference to any physical,

moral or intellectual quality, the
lack of which substantially
incapacitates one to perform his
duties
OPPRESSION

- an act of cruelty, severity, unlawful

execution, domination, or excessive use of
authority

DISHONESTY

- concealment or distortion of truth in a matter

of fact relevant to one’s office or connected
with the performance of his duties
DISLOYALTY TO THE GOVERNMENT

-consists of abandonment or
renunciation of one’s loyalty to
- the Government of the
Philippines, or advocating the
overthrow of the government
POLICE DISCRETION

- the act or the liberty to decide

according to the principles of
justice and the police officer’s
ideas of what is right and proper
under the circumstances
ABUSE OF DISCRETION
-the use of discretion in such
a way as to
- deprive a person of his
right
Is the manifest lack of adequate ability and fitness
for the satisfactory performance of police duties.
This has reference to any physical intellectual
quality the lack which substantially incapacitates
one to perform the duties of peace officer.

INCOMPETENCE
Republic Act 6713- Code of Conduct and
Ethical Standards for Public Officials and
Employees
Republic Act 3019- Anti-Graft and Corrupt
Practices Act
Republic Act 6975- DILG Law of 1991 as
Amended
RA 7080 – Anti Plunder Law
RA 9160 – ANTI MONEY LAUNDERING ACT
PNP COPSES – CODE OF PROFESSIONAL CONDUCT
AND ETHICAL STANDARDS
RA9485-Anti-Red Tape Act of 2007, etc.
Making it punishable for public officials
and employees to receive, and for
private persons to give gifts on any
occasions, including Christmas, Nov. 10,
1972

PD 46

CENTRO REVIEW CENTER

 Police Corruption
Negotiable graft

It is the mutual bargaining behavior

engaged in between officers and criminals.

Extortion

It is the practice of solicitation of money

or favors by officers in return for ignoring
violations of law.
 Police Corruption

Acceptance of petty bribes

It happens most of the time in the roads.

Taking kickbacks and similar rewards

It is the money or something of value given to the

officer by a “business” in exchange for
consideration.

CENTRO REVIEW CENTER

 Police Corruption
Opportunistic theft

This is a theft that arises naturally out of the

performance of an officer’s routine duties.

Taking bribes from other officers

It is the falsification of attendance records,

influence vacations and day offs, and reports them
present even if they are not.
The most insidious cause of deteriorating
values in the police force

We have bad cops

because good cops
protect them.
 Police Officers Creed
(Sec. 2, Chap. II)
1. I believe in God, The Supreme Being, A Great
Provider, and the Creator of all men and everything
dear to me
2. I believe that respect for authority is a duty.
3. I believe in selfless love and service to people.
4. I believe in the sanctity of marriage and respect for
women.
5. I believe in the responsible dominion and
stewardship over material things.
6. I believe in the wisdom of truthfulness.
 PNP CORE VALUES POSSESS THE FOLLOWING
VIRTUES
1. Honor
2. Integrity
3. Valor
4. Justice
5. Honesty
6. Humility
7. Charity
8. Loyalty to the service

CENTRO REVIEW CENTER

PNP members must have moral
courage to sacrifice self-interest.

DELICADEZA
✓ Police Lifestyle

Police Officer must be free from greed, corruption and

exploitation. The public expects a police officer to live a
simple, credible and dignified life.

✓ Political Patronage

All PNP members must inhibit himself soliciting political

patronage on matters pertaining to assignment, awards,
trainings and promotion.
✓
✓ Human Rights

All PNP members must respect and protect human dignity and man’s
inalienable rights to life, liberty and property.

✓ Setting Example

All PNP members shall set good example to their subordinates and
follow good example from their superiors.

CENTRO REVIEW CENTER

Philippine
Constabualry the Great
, the first Filipino hero
National of Mactan.
Police, Act. Symbolizes
No. 175, July bravery
16 leaves flowering,
18, 1901 maturing and
which Luzon,
ultimate realization
symbolizes Visayas
of the and
glorious
evolution of the
the 16 Mindanao
PC/INP into a
regional National Police
commands Organization

CENTRO REVIEW CENTER

 MONKEY EATING
LAUREL
8 RAYS
EAGLE-
3 START WHO
8 PROVINCES
EXCELLENCE,
SYMBOLIZES
LUZVIMIN
REVOLTED
COMPETENCE,
AGAINST
PROTECTION
BRILLIANCE
SPAIN

CENTRO REVIEW CENTER

 Professional Conduct and Ethical
Standards (Sec. 1-3, Chap. III)

Standard of Police Professionalism- All PNP

members shall perform their duties with
excellence, competence, integrity, intelligence
and expertise in the application of specialized skill
and technical knowledge
 POLICE PROFESSIONAL CONDUCT

➢ Commitment to Democracy

➢ uphold the Constitution at all times and be loyal to the country,

people and the organization.

➢ Commitment to Public Interest

➢ They shall use public resources and properties economically

➢ Non- Partisanship

➢ PNP members shall provide services to everyone without

discrimination. CENTRO REVIEW CENTER
 POLICE PROFESSIONAL CONDUCT

➢ Physical Fitness and Health

➢ Secrecy Discipline

➢ confidentiality of classified information

➢ Social Awareness

➢ immediate family members shall be encouraged to actively get

involved in the religious, social and civic activities
✓ Non-Solicitation of Patronage
shall not directly or indirectly solicit influence or
recommendation from politician, government officials,
✓ Respect for Human Rights
✓ Devotion to Duty
✓ Conservation of Natural Resources
✓ Discipline
keeping with the rules and regulations of the organization.
✓ Loyalty
loyal to the Constitution
CENTRO REVIEW CENTER
Police Customs and
Traditions
✓Customs- established usage or social practices
carried on by tradition that have obtained the
force of law. Something that is done
✓ Traditions- bodies of belief , stories
regularly by a,person
and customs
usages banded prom theHabitual
generation to generation
usages
with the effect of unwritten law.
✓Courtesy- a manifestation or expression of
consideration and respect for others.
Correct or proper behavior that
✓ Ceremony- a formal acts established
shows by customs
good manners
or authority as proper to special occasion.
✓ Social Decorum- a set of norms or standard
practiced by members Inherited
during social and other
customs
functions.
 Police Customs on Courtesy

1. Salute- the usual greeting rendered by uniformed

members upon meeting and recognizing person
entitled to salute.
2. Salute to the National Color and Standard-
members stand at attention and salute the
national color and standard as it pass by them or
lowered during ceremonies.
3. Address/Title- junior in rank address senior
members who are entitled to salute with word “Sir”
 POLICE CUSTOMS AND COURTESY
CALLS

1. Courtesy Call of Newly Assigned/ Appointed

Members -
2. Christmas Call
3. New Year’s Call
4. Promotion Call
5. Exit Call
6. Courtesy of the Post
 Police Customs on Ceremonies

1. Flag Raising Ceremony

2. Flag Retreat Ceremony
3. Half-Mast
4. Funeral Service and Honors
5. Ceremonies Tendered to Retirees
6. Honor of Ceremony
7. Turn-over Ceremony
8. Wedding Ceremonies
9. Anniversary
CENTRO REVIEW CENTER
 Police Customs on Social Decorum

1. Proper Attire
2. Table Manners
3. Social Graces
4. Manner of Walking

CENTRO REVIEW CENTER

PNP members gathered together at their PNP
club for light hearted jesting or airing of minor
gripes. This tradition is known as HAPPY
HOURS that is done every what day?

FRIDAY
the binding spirit that enhances the teamwork
and cooperation in the police organization,
extending to the people they serve, is
manifested by the PNP members’ deep
commitment and concern to one another.

CAMARADERIE
 Police Officers’ Pledge
1. I will love and serve God, my country and
people;
2. I will uphold the Constitution and obey legal
orders of the duly constituted authorities;
3. I will oblige myself to maintain a high standard
of morality and professionalism;
4. I will respect the customs and traditions of the
police service; and
5. I will live a decent and virtuous life to serve as
an example to others.
CENTRO REVIEW CENTER
 ETHICAL AND LEGAL LAW ENFORCEMENT
CONDUCT
Essential principles in the use
of any Power and Authority:

1. Legality
2. Necessity
3. Proportionality
HETO PA PO…

“Andiyan na naman ang pulis…”

“Pulis na naman?!”
“Sigurado my pulis dian!”
“Wala talaga ang mga pulis!”
“Kaya pala, may pulis kasi eh!”
“Huli…dap!”
“Nakakaawang patayin, nakakainis namang
buhayin!”
Beyond all these findings of inept, corrupt and
undisciplined police officers, what is the MAJOR,
MAJOR institutional problem of the PNP?
Beyond all these findings of inept,
corrupt and undisciplined police
officers, what is the MAJOR, MAJOR
institutional problem of the PNP?

CREDIBILITY
Result of lack of credibility…

Police are always

condemned rather
than commended
FACTS AND FIGURES:
Most crimes by police officers were found to
have been committed by PO1 – PO3 ranks.
The statistics bear significance because they
were being registered ironically in the midst of
all the efforts under the “Transformation”
program of the PNP.
The heart of
the problem…

… is the problem
of the HEART.