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CHAPTER 2

LAW ENFORCEMENT PROFESSIONAL CONDUCT

"The integrity of men is to be measured by their conduct, not by the professions. " Junius

Learning Objectives
At the end of this chapter, the student will be able to:

1. Analyze the principal arguments concerning the importance of professional conduct in law
enforcement.
2. Identify the salient provisions of Republic Act No. 6713 otherwise known as Conduct and Ethical
Standards for Public Officials and Employees applicable to law enforcement officers.
3. Distinguish the issues relating to morals, ethics, values, ethical codes, ethical standards, and
ethical dilemmas.
4. Interpret the Code of Ethics for registered Criminologists.
5. Analyze the different ethical theories.

 INTRODUCTION

Every police organizations recognize that despite the best of intentions, individual members and the
organization as a whole, don't always "get it right," meaning there is still the potential for complaints or
expressions of dissatisfaction to be made. When incidents do occur, the focus of Police Professional
Conduct shifts to doing all that is possible for those involved to feel satisfied that the lessons learned
from the event will only improve everyone's trust and confidence.

Additionally, law enforcement relies on supervisors and managers to make effective decisions and
oversee processes, but true leaders can emerge from any hierarchy rank. Leaders within law
enforcement might be respected for their compassion, reliability, decisiveness and other individual
characteristics. It's more likely, though, that leadership represents an overall picture that involves a
strong sense Of Personal ethics and adherence to high standards for professional conduct. Leaders
impart these values implicitly through modeling and setting a good example or by explicitly mentoring
others.

PROFESSIONAL CONDUCT

Professional Conduct, also known as Code of Conduct, is the field of regulation of members of
professional bodies, either acting under statutory or contractual powers. In a police organization it is the
accepted manner in which a police officer should work. It involves ethics, morals, and standards of
behavior. Being a professional, it is necessary for the officer to maintain his/her ethical behavior and to
have good professional conduct.

In certain areas, where the public interest is considered to be heavily engaged, legislation has
been enacted, either replacing professional regulation by statutory legislation, or by a form of
supervision of the professional body by a statutory body.

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Historically, professional conduct was wholly undertaken by the private, professional bodies, the
sole legal authority for which was contractual. These bodies commonly established codes of conduct and
ethical codes for the guidance of their members.

Among police officers, one way to maintain good professional conduct can be attained by
ensuring the confidentiality and objectivity of the investigation. The meaning of objectivity is that the
person who is responsible for the investigation is unbiased regarding the evidence. And any decisions
should not be taken without any proper proofs. Confidentiality means the facts that are revealed during
the investigation should be kept confidential so that evidence can be secured.

Importance of a Police Professional Conduct

A well-written code of conduct clarifies an organization's mission, values, and principles, linking
them with standards of professional conduct. The code articulates the values the organization wishes to
foster in leaders and employees and, in doing so, defines desired behavior. As a result, written codes of
conduct or ethics can become benchmarks against which individual and organizational performance can
be measured.

Additionally, a code is a central guide and reference for employees to support day-to-day
decision making. A code encourages as discussions of ethics and compliance, empowering employees to
handle ethical dilemmas they encounter in everyday work. It can also serve as a valuable reference,
helping employees locate relevant documents, services and other resources related to ethics within the
organization.

General Purposes of a Professional Conduct

1. It can protect the public. Professionals should know more than their clients. A professional code
of ethics helps to protect the public in a relationship where one person (the professional) has
much more expert power than does the other (the client). Professional codes of ethics address
this fundamental power asymmetry. Thus, police officers must "serve and protect;" lawyers must
zealously advocate for the client's cause (and not their own or some other larger interest).

2. Professional ethics provides professionals with a plausible basis for "speaking truth to power."
Thus, if the government or organization wants to play fast and loose with a whole range of
ethical issues in the realm of peace and order and law, then the profession can call "foul" and
point to its code of ethics as a credible countervailing force.

3. A professional code of conduct can help a young professional navigate ambiguous or stressful
situations. The collective wisdom of the profession has seen many challenging cases and made
the tough calls, and therefore it should reflect this accumulated wisdom in its professional ethics,
which are often written down, published, updated and reinforced with mechanisms like
continuing education. In this way, professional ethics accelerate the socialization of new
professionals into their respective roles and helps maintain high standards and ethical conduct
that promote the common good.

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CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES

Aside from the Professional Conduct and Ethical Standards of the Philippine National Police, all of
its uniformed and non-uniformed Personnel are mandated to adhere to the Conduct, and Ethical
Standards for Public Officials and Employees provided under Republic Act Number 6713. This law
mandates public officials and employees to be at all times, shall be accountable to the people and shall
discharge their duties with utmost responsibility, integrity, competence, and loyalty. They should act with
patriotism and justice, lead modest lives, and uphold public interest over personal interest. Hence, the
provisions of the law related to professional conduct and ethical standards are presented in this chapter.

Definition of Terms

In better understanding the selected provisions of R.A No. 6713 presented in this chapter, the
same law provided operational definitions to some important terms.

 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.

 Gift refers to a thing or a right to dispose of gratuitously, or any act or liberality, in favor of
another who accepts it, and shall include a simulated sale or an ostensibly onerous disposition
thereof. It shall not include an unsolicited gift of nominal or insignificant value not given in
anticipation of, or exchange for, a favor from a public official or employee.

 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, 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 exchange for, a favor.

 The loan covers both simple loan and commodatum as well as guarantees, financing
arrangements or accommodations intended to ensure its approval.

 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.

 A Person includes natural and juridical person unless the context indicated otherwise.

 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 considerable 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.

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 Divestment is the transfer of title or disposal of an interest in the property by voluntarily, entirely
and 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 refer to any persons related to a public official or employee within the fourth civil
degree of consanguinity or affinity, including bills, into and balance.

Norms of Conduct of Public Officials and Employees

Every public official and employee shall observe the following as standards of personal conduct
in the discharge and execution of official duties:

(a) Commitment to Public Interest

Public officials and employees shall always uphold the public interest over and above personal
interest. All government resources and powers of their respective offices must be employed and used
efficiently, effectively, honestly and economically, mainly to avoid wastage in public funds and
revenues.

(b) Professionalism
Public officials and employees shall perform and discharge their duties with the highest degree of
excellence, professionalism, intelligence, and skill. They shall enter public service with utmost devotion
and dedication to duty. They shall endeavor to discourage wrong perceptions of their roles as dispensers
or peddlers of undue patronage.

(c) Justness and Sincerity

Public officials and employees shall remain faithful to the people at all times. They must act. with
justness and sincerity and shall not discriminate against anyone, especially the, poor and the
underprivileged. They shall at all times respect the rights of others, and shall refrain from doing acts
contrary to law, good morals, good customs, public policy, public order, public safety, and public interest.
They shall not dispense or extend undue favors on account of their office to their relatives whether by
consanguinity or affinity except concerning appointments of such relatives -to positions considered
strictly confidential or as members of their staff whose terms are coterminous with theirs.

(d) Political Neutrality

Public officials and employees shall provide service to everyone without unfair discrimination and
regardless of party affiliation or preference.

(e) Responsiveness to the Public

Public officials and employees shall extend prompt, courteous, and adequate service to the public.
Unless otherwise provided by law or when required by the public interest, public officials and employees
shall provide information of their policies and procedures in clear and understandable language, ensure
openness of information, public consultations and hearings whenever appropriate, encourage
suggestions, simplify and systematize policy, rules and procedures avoid red tape and develop an
understanding and appreciation of socio-economic conditions prevailing in the country, especially in thc
depressed rural and urban areas.

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(f) Nationalism and Patriotism

Public officials and employees shall at all times be loyal to the Republic and the Filipino people,
promote the use of locally produce goods, resources and techn010U and encourage appreciation and
pride of country and people. They shall endeavor to maintain and defend Philippine sovereignty against
foreign intrusion.

(g)Commitment to Democracy public officials and employees shall commit themselves to the
democratic way of life and values, maintain the principle of public accountability, and manifest by deeds
the supremacy of civilian authority over the military. They shall at all times uphold the constitution and
put loyalty to country above loyalty to persons or party.

(h)Simple Living public officials and emp16yees and their families shall lead modest lives appropriate
to their positions and income. They shall not indulge in an extravagant or ostentatious display of wealth
in any form.

Duties of Public Officials and Employees

In the performance of their duties, all public officials and employees are under obligation to:

(i) Act Promptly on Letters and Requests

All public officials and employees shall, within fifteen (15) working days from receipt thereof, respond
to letters, telegrams or other means of communications sent by the public. The reply must contain the
action taken on the request.

(b) Submit Annual Performance Reports

All heads or other responsible officers of offices and agencies of the government and government-
owned or controlled corporations shall, within forty-five (45) working days from the end of the year,
render a Performance report of the agency or office or corporation concerned. Such report shall be open
and available to the public within regular office hours.

(c) Process Documents and Papers Expeditiously

All official papers and documents must be processed and Completed within a reasonable time from
the preparation thereof and must Contain, as far as practicable, not more than three (3) signatories
therein. In the absence of duly authorized signatories, the official next, in-rank or officer in charge shall
sign for and in their behalf.

(d) Act Immediately on the Public's Transactions

All public officials and employees must attend to anyone who wants to avail himself of the services of
their offices and must, at all times, act promptly and expeditiously.

(e) Make documents accessible to the public

All public documents must be made accessible to, and readily available for inspection by, the public
within reasonable working hours.

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Prohibited Acts and Transactions

In addition to acts and omissions of public officials and employees now prescribed in the
Constitution and existing laws, the following shall constitute prohibited acts and transactions of any
public official and employee and are at this moment declared to be unlawful:

(a) Financial and Material Interest

Public officials and employees shall not, directly or indirectly have any financial or material interest in
any transaction requiring the approval of their office.

(b) Outside Employment and Other Activities Related to it

Public officials and employees during their incumbency shall not:

(1)Own, control, manage or accept employment as an officer, employee, consultant, counsel,

broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their
office unless expressly allowed by law;

(2)Engage in the private practice of their profession unless authorized by the Constitution or law,
provided, that such practice will not conflict or tend to conflict with their official functions; or

(3)Recommend any person to any position in a private enterprise which has a regular or pending
official transaction with their office. These prohibitions shall continue to apply for one (1) year after
resignation, retirement, or separation from public office.

(c) Disclosure and Misuse of Confidential Information

Public officials and employees shall not use or divulge, confidential or classified information officially
known to them because of their office and not made available to the public, either:

(1) To further their private interests, or give undue advantage to anyone; or

(2) To prejudice the public interest.

(d) Solicitation or Acceptance of Gifts

Public officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor,
entertainment, loan or anything of monetary value from any person in the course of their official duties
or in connection with any operation being regulated by, or any transaction which may be affected by
the functions of their office.

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 like a scholarship or a 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

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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.

Divestment

A public official or employee shall avoid conflicts of interest at all times. When a conflict of
interest arises, he shall resign from his position in any private business enterprise within thirty (30) days
from his assumption of office and divest himself of his shareholdings or interest within sixty (60) days
from such assumption.

The same rule shall apply where the public official or employee is a partner in a partnership. The
requirement of divestment shall not apply to those who serve the Government in an honorary capacity
nor to laborers and casual or temporary workers.

CODE OF ETHICS FOR REGISTERED CRIMINOLOGISTS

In the Philippines, Criminology is considered as a profession as mandated by Republic Act

Number 6506 otherwise known as An Act Creating the Board of Examiners for Criminologists in the
Philippines and subsequently amended by Republic Act Number 1 1 131 otherwise known as The
Philippine Criminology Profession Act of 2018. Consequently, Crimin010U professionals must also adhere
to specific profession standards and ethics. A Bachelor of Science in Criminology graduate who passed
the licensure examination must always remember that his or her profession is a Criminologist regardless
of his or her employment in any of the law enforcement agencies, correctional agencies, security
industries or teaching in the academe.

Primary Responsibility of a Registered Criminologist

A license Criminologist has the following obligations to perform:

1. The primary responsibility of every person admitted to the practice of Crimin010U as a

Registered Criminologist is to bear faithful allegiance to the Republic of the Philippines and be
loyal to his profession. They shall accept as a sacred obligation and responsibility as citizens to
support the Constitution of the Philippines and as a Registered Criminologist to defend the
principles of liberty as defined in the Constitution and Laws.

2. As a Registered Criminologist, they shall strive to improve their effectiveness by diligent study
and serious attention to improvement and welcome the opportunity to disseminate practical
and useful information relating to matters accruing to the benefit of public safety and welfare.

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Limitation of Authority

To effectively perform his or her mandate as a practicing criminologist, he or she is cloth with
authority. However, he or she must always be mindful of the limitation of such authority.

1. The first duty of a criminologist as an upholder of the law is to know its bounds upon him, be
aware of limitations and prescriptions and recognize the system of government that gives no man
group or institution absolute power. He must ensure that he is a prime defender of that system
and as such must never pervert its character.

2. They shall in the performance of their duty be just, fair and reasonable, never according to
anyone more preferential treatment than another. They shall recognize the limitation of their
authority and at no time use the power of their profession for personal advantage.

Private Conduct of a Registered Criminologist

Aside from adhering to professional conduct, a person practicing the Criminology profession is
also expected to conform to a specific behavior in his or her private life. The public does not distinguish
whether an act is official or private. Hence it will always impact on the entire profession.

3. The Registered Criminologist must be mindful of his unique identification by the public as an
upholder of the law. He must never be lax in conduct or manner in private life, express disrespect
for the law, nor seek to gain special privilege th.at would be reflective upon the profession. He
must so conduct his private life that the public will regard him as an example of stability fidelity
and morality.

4. He must strive to elevate the standing of the profession in the public mind, strengthen public
confidence in law enforcement, develop and maintain complete support and cooperation of the
public and ensure the effectiveness by encouraging full participation of members for their mutual
benefit.

Conduct Towards the Public

The Criminologists remind at all times that dignity, fairness and a genuine willingness to help are
essential to their public image and their ability to do a good job. The Criminologists mindful of their
responsibility to the whole community, deal with individuals of the community in a manner calculated to
instill respect for its laws and their profession.

1. They shall be habitually courteous and accept their responsibility by being punctual and
expeditious in their engagements and duties. They shall regard their profession as a public
trust and in the discharge of their responsibilities, constantly bear in mind their obligation to
serve the public efficiently and effectively.

Attitude towards Profession

1. The criminologists shall strive to make the best application of science to the solution of a crime,
by diligent study and serious attention to self-improvement, and in the fields of' human
relationships, strive for effective leadership and public influence in matters affecting public safety.

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2. He shall appreciate the importance and responsibility of his profession as an honorable one
rendering valuable service to his community and country. They shall strive to attain certain of the
most withering cross-examination particularly from fellow criminologists and associates.

3. He shall avoid outside influence from overzealous and overanxious clients, and his findings shall
be based solely and entirely on logical and scientific deduction derived from a fair and impartial
examination personally performed by him.

4. He must never lose sight of the important fact that he should not only work for the identification,
apprehension, and conviction of criminals but must strive with greater if not equal vigor to clear
the innocent.

Attitude towards Fellow Criminologists

5. The Criminologists shall constantly strive to improve the professional standing of Criminology
through association with others in the profession and keeping abreast with the fast-moving world
of science and techn010U through continuous research and development.

6. He shall cooperate fully with fellow criminologists regardless of personal prejudice. He should,
however, be assured that such action is proper and by law and guard against the use of this
office or person, knowingly or unknowingly in any improper or illegal activity. He always bears in
mind at all times that it is not sufficient to be proficient in one’s work, he must also have a high
sense of justice, a belief in the dignity and worth of all men and proper motivation and attitude.
He must possess a sense of dedication to his profession and a sense of duty and obligation to his
fellowmen.

7. He shall cooperate with fellow criminologists and public officials to the end that the safety and
general welfare of the public will be assured, never permitting jealousies or personal differences
to influence their professional duties and obligations.

Code of Ethics
The universally accepted Code of Ethics for Law Enforcement shall be temporarily adopted
pending formulation of a more specific code that embraces all aspects of Criminology.

Law Enforcement Code of Ethics

As a Law Enforcement Officer, my fundamental duty is to serve mankind; to safeguard lives and
property; to protect the innocent against deception; the weak against oppression or intimidation, and
the Peaceful against violence or disorder; and to respect the constitutional rights of all men to liberty,
equality, and justice.

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

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I will never act officiously or permit personal feelings, prejudices animosities or friendships to
influence my decisions, With the compromise for crime and with relentless prosecution or criminals, I
will enforce the law courteously and appropriately without fear or favor malice or ill will, never
employing unnecessary force or violence and never accepting gratuities.

I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to
be held so long as I am true to the other of the police service. I will constantly strive to achieve these
objectives, and ideals, dedicating myself before God to my chosen profession… law enforcement.

Terms to Ponder about Police Ethics and Values

These are some of the terms that are related to the study of professional conduct and ethical
standards. Some of these terms describe the acts that violate the PNP Ethics and Values.

Dishonesty. The concealment or distortion of truth in a manner of a fact relevant to one's office
or connected with the performance of his duties.

Disloyalty to the government. It consists of abandonment of renunciation of one's loyalty to the

government of the Philippines or advocating the overthrow of the government.

Ethical Standard. It refers to the conduct and behavior governing a group, a class, or
organization.

Gift. The thing or right disposed gratuitously, or any act of liber in favor of another who accepts
it, and shall include a simulate sale or ostensibly onerous disposition thereof. It shall not include an
unsolicited gift of nominal or insignificant value not given i anticipation of, or exchange for a favor.

Incompetency. It is the manifested lack of adequate ability and fitness for the satisfactory
performance of police duties. This refers t any physical and intellectual quality, the lack of which
incapacitates one to perform the duties of peace officers.

Malfeasance. The performance of some act which ought not to be done. It is the doing either
through ignorance, inattention or malice, of that which the officer had no legal right to do at all, as when
he acts without any authority whatsoever, or exceeds, ignores or abuse his powers. Or the performance
of some act which is unlawful or wrongful or which one has specially contracted not to perform, or it is
sometimes called official misconduct.

Misconduct. This is a generally premeditated, obstinate or intentional purpose. It usually refers

to transgression of some established and definite rule of action, where no discretion is left except what
necessity may demand. It does not necessarily mean corruption or criminal intention but implies evil
intention and not mere error of judgment.

Misfeasance or Irregularities in the Performance of a Duty. It is the improper performance of

some act which might lawfully be done or the performance of a lawful act in an unlawfully or culpably
negligent manner.

Morals and morality. It refers to what is judged as good conduct. The term moral is also used to
describe someone who can make value judgments and discernment from wrong.

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

Nonfeasance or Neglect of Duty. It is the omission of some act, which ought to be performed. It
is the omission or refusal without sufficient excuse, to perform an act or duty, which is a peace officer
legal obligation to perform.

Oppression. The act of cruelty, severity, unlawful execution, or excessive use of

authority.

Police Customs and Social Decorum. A set of norms and Standards practiced by members during
social and other functions.

Police Ethics. It is the practical science that treats the principle of human morality and duty as
applied to law enforcement.

Professional Conduct. It refers to the set of the behavioral standard governing particular
profession or professionals.

Violation of Law. It presupposes conviction in a court of any crime or offense penalized under
Revised Penal Code or any special law or ordinances.

Commitment to Public Interest. All public officials and employees shall always uphold the public
interest over and above personal interest. All government resources and powers of their respective
offices must be employed and used efficiently, effectively, honestly and economically, particularly to
avoid wastage in public.

Professionalism. All public officials and employees shall perform and discharge their duties with
the highest degree of excellence, professionalism, intelligence, and skill. They shall enter public service
with utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of
their roles as dispensers or peddlers of undue patronage. 23. Nationalism and patriotism - public officials
and employees shall at all times be loyal to the Republic and the Filipino people, promote the use of
locally produced goods, resources and techn010U and encourage appreciation and pride of country and
people. They shall endeavor to maintain and defend Philippine’s sovereignty against foreign intrusion.

Solicitation or Acceptance of Gifts. All 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 connecti0 with any operation being regulated by, or any
transaction which be affected by the functions of their office.

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