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PROFESSIONAL CONDUCT & ETHICAL STANDARDS
JOPERSON G PABLO, RCRIM., REB, REA
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ETHICS
⚫ derived from an Ancient Greek word, ethikos, which means “relating to one’s character”
⚫ Ethikos is itself derived from another Greek word, the noun ethos meaning “character, disposition”
⚫ came from the Latin word “ethos” means customary, behavior, moral. The two words Latin ethicus and Greek
ethikos have the same meaning which is customary.
ETHICS OF MORAL PHILOSOPHY – a branch of philosophy that involves systematizing, defending, and
recommending concepts of right and wrong conduct.
3 MAJOR AREAS OF STUDY WITHIN ETHICS
⚫ META-ETHICS – concerning the theoretical meaning and reference of moral propositions, and how their truth
values can be determined.
⚫ NORMATIVE ETHICS – concerning the practical means of determining a moral course of action.
⚫ APPLIED ETHICS – concerning what a person is obligated to do in a specific situation or a particular domain
of action.
PHILOSOPHY
⚫ derived from 2 Greek words.
⚫ PHILO means love; SOPHY means wisdom
⚫ sa madaling sabi, philosophy then means LOVE OF WISDOM.
4 MAIN BRANCHES OF PHILOSOPHY
⚫ METAPHYSICS – considers the physical universe and the nature of ultimate reality.
⚫ EPISTEMOLOGY – considers how people come to learn what they know; the nature and origin of knowledge
and truth.
⚫ AXIOLOGY – considers the study of principles and values.
⚫ LOGIC – seeks to organize reasoning.
ETHICS AND LAW
Customary ethics rather than laws have been the prime source of social conformity. For instance:
⚫ The Code of Hammurabi
⚫ Plato in his Republic put little emphasis on laws per se and more on development of a polis.
⚫ The Common Law
⚫ The practice of chivalry
⚫ The high level of social order among traditional Islamic societies.
HUMAN ACTS VS ACTS OF MAN
HUMAN ACTS ACTS OF MAN
actions performed by man, knowingly and freely actions which happen in man
deliberate or intentional actions or voluntary instinctive and are not within the control of the will
actions are the result of conscious knowledge and are
subject to the control of the will
biological and physiological movements in man such
as, metabolism, respiration, fear, anger, love, and
jealousy
PHILOSOPHY – the quality of human acts by which they are constituted as good, bad, or indifferent.
CLASSIFICATIONS OF ACTIONS ACCORDING TO THE NORMS OF MORALITY
⚫ MORAL (GOOD) ACTIONS – are those actions which are in conformity with the norm of morality.
⚫ IMMORAL (BAD) ACTIONS – are those actions which are not in conformity with the norm of morality.
⚫ AMORAL (INDIFFERENT) ACTIONS – are those actions which stand neutral in relation to the norm of morality.
VOLUNTARINESS
⚫ came from the Latin word “voluntas”, referring to the will.
⚫ essential to an act
⚫ Without it, an act is a mere act of man.
THE MODIFIERS OF HUMAN ACTS
⚫ IGNORANCE – absence of knowledge which a person ought to possess.
Classification of Ignorance
1. Vincible Ignorance – can easily be reminded through ordinary diligence and reasonable efforts
2. Invincible Ignorance – a person possesses without being aware of it, or having awareness of it, lacks the
means to rectify it.
⚫ PASSIONS – tendencies towards desirable objects, or tendencies away from undesirable or harmful things.
Classification of Passions
1. Positive Emotions – love, desire, delight, hope, and bravery.
2. Negative Emotions – hatred, horror, sadness, despair, fear, and anger.
⚫ FEAR – disturbance of the mind of a person who is confronted by an impending danger or harm to himself or
loved ones.
⚫ VIOLENCE – any physical force exerted on a person by another free agent for the purpose of compelling said
person to act against will.
⚫ HABITS – a lasting readiness and facility, born of frequently repeated acts, for acting in a certain manner.
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RIGHT
⚫ OBJECTIVELY: it is anything which is owed or due.
⚫ SUBJECTIVELY: that is, as residing in a person, right is a moral power, bound to be respected by others, of
doing, possessing, or requiring something.
KINDS OF RIGHTS
⚫ Natural rights
⚫ Human rights
⚫ Civil rights
⚫ Ecclesiastical/religious rights
⚫ Alienable and inalienable rights
⚫ Right of jurisdiction
⚫ Right of property
⚫ Juridical right
⚫ Non-juridical right (moral right)
DUTY
⚫ OBJECTIVELY: it is anything we are obliged to do or to omit.
⚫ SUBJECTIVELY: it is a moral obligation incumbent upon a person of doing, omitting, or avoiding something.
KINDS OF DUTIES
⚫ NATURAL DUTIES – those imposed by natural law such as, the duty to care for our health.
⚫ POSITIVE DUTIES – those imposed by a human positive law such as the duty to pay taxes and observe traffic
rules.
⚫ AFFIRMATIVE DUTIES – those which require the performance of a certain act, such as casting a ballot during
election; applying for a business license.
⚫ NEGATIVE DUTIES – those which require the omission of a certain act such as not carrying illegal firearms, or
not destroying the property of another.
DUTY
⚫ the term given to those ideas, behaviors, and actions that are important to us. Values are those things worth
fighting for and those things worth sacrificing for.
⚫ came from Latin word “valere”, meaning “to be strong or to be worth”
◼ INTEGRITY – the quality of being honest and having strong moral principles; moral uprightness.
◼ HONESTY – when you speak the truth and act truthfully.
◼ HARDWORK – a great deal of effort or endurance.
◼ KINDNESS – the quality of being friendly, generous, and considerate.
◼ COMPASSION – sympathetic, pity and concern for the sufferings or misfortune of others.
◼ EMPATHY – ability to understand and share the feelings of another.
◼ SYMPATHY – a shared feeling, usually of sorrow, pity or compassion for another person.
◼ JUSTICE – the morally fair and right state of everything.
◼ FORMAL JUSTICE – the impartial, consistent and strict application of established rules or law.
◼ NON-FORMAL JUSTICE – treating persons in accordance with their rights, where the question of what a
person’s right are.
◼ BRAVERY – the quality or state of having or showing mental or moral strength to face danger, fear, or
difficulty: courageous behavior or character.
PERSONAL VALUES – implicitly related to choice; they guide decisions by allowing for an individual’s choices to be
compared to each choice’s associated values.
TYPES OF VALUES
⚫ ETHICAL/MORAL VALUES – a person who knows the difference between right and wrong and chooses right
is moral.
⚫ DOCTRINAL/IDEOLOGICAL VALUES
◼ doctrine, from Latin doctrina, meaning “teaching”, instruction or doctrine.
◼ a codification of beliefs or a body of teachings or instructions.
◼ ideological – describes political, cultural, or religious beliefs.
⚫ SOCIAL VALUES – set of moral principles defined by society dynamics, institutions, traditions and cultural
beliefs.
⚫ AESTHETIC VALUES – the value that an object, event or state of affairs possess in virtue of its capacity to
elicit pleasure or displeasure when appreciated or experienced aesthetically.
KINDS OF VALUES
⚫ BIOLOGICAL VALUES – necessary to the physical survival of man as an organism. (life and health, food and
shelter, work)
⚫ SOCIAL VALUES – necessary to the sensual needs and fulfillment (leisure and sex, marriage, family and home,
parental authority, education)
⚫ RATIONAL VALUES – necessary to the functions and fulfillment of intellect and will. (understanding and control
of nature, guide and control of oneself, solidarity, parental authority with fellowmen, religion)
MORAL VALUES
⚫ those that directly pertain to the function of intellect and will.
⚫ those choices, decisions, and actions, by which man’s national faculties are involved and perfected.
VIRTUE
⚫ The ancient Romans used the Latin word virtus (derived from vir, their word for man) to refer to all of the
“excellent qualities of men, including physical strength, valorous conduct and moral rectitude.”
⚫ moral excellence
⚫ a trait or quality that is deemed to be morally good and thus is valued as a foundation of principle and good
moral being.
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4 MORAL VIRTUES ACCORDING TO SCHOLASTIC PHILOSOPHY
1. PRUDENCE – treats how you handle yourself.
2. JUSTICE – treats your interactions with other people.
3. FORTITUDE/COURAGE – treats your aversion.
4. TEMPERANCE/ MODERATION – treats your desire.
PRUDENCE – characterized by being careful about one’s choices, not taking undue risks, and not saying or doing
things that might later be regretted.
JUSTICE – the concept of moral rightness based on ethics, rationality, law, natural law, religion, fairness or equity,
along with the punishment of the breach of said ethics.
Variation of Justice
• Utilitarianism – a form of consequentialism, where punishment is forward-looking.
• Retributive Justice – regulates proportionate response to crime proven by lawful evidence, so that
punishment is justly imposed and considered as morally correct and fully deserved.
• Restorative Justice – this approach frequently brings an offender and a victim together, so that the offender
can better understand the effect his/her offense had on the victim.
• Distributive Justice – directed at the proper allocation of things- wealth, power, reward, respect- among
different people.
• Oppressive Law – exercises an authoritarian approach to legislation that is totally unrelated to justice, a
tyrannical interpretation of law is one in which the population lives under restriction from unlawful legislation.
FORTITUDE – enables a person to stand firm against and endure the hardships of life, to restrain fear, or to
moderate fear in the face of danger, all done in accordance with reason.
TEMPERANCE – Sophrosyne in Greek is defined as “moderation in action, thought, or feeling; restraint”. It is the
habit of moderation in the use of pleasurable things.
OTHER VALUES
⚫ Religious Values – pertain to man’s relationship with God, guiding and regulating his communion with Him.
⚫ Cultural Values – pertain to man’s relationship sharing with others in a given community of persons, shaping
their spiritual kinship, and directing their attention to definite ideals of behavior.
⚫ Social Values – pertain to the relationship necessary in the promotion of human society as a whole, integrating
the motivation and interests of members towards the common objective or goal.
Hierarchy of Values
⚫ refers to the order of values from the lowest to the highest in importance.
⚫ the goods pertaining to the soul, the intellect and will occupy the highest level of importance while the biological
values occupy the lowest rank.
THE HIGHEST VALUE-GOD
⚫ Summum bonum – a Latin expression meaning the highest good which was introduced by the Roman
philosopher Cicero, to correspond to the idea of the God in ancient Greek philosophy.
Benefits of Knowing God
⚫ Eternal life/Quality of life
⚫ Proper Evaluation of Humanity
⚫ Knowing God Reveals Our Sin
⚫ Knowing God Helps Us Give Value to Humanity
⚫ Proper Evaluation of Morality
⚫ Not knowing God Leads to Approval of Sin
⚫ Peace and Security
⚫ Increased Wisdom
⚫ Multiplication of Blessings
⚫ Multiplied Grace
⚫ Multiplied Peace
⚫ Multiplied Power
⚫ A worthy and Pleasing life
⚫ Fruitfulness
⚫ Endurance, Patience, Joy, and Thanksgiving
CODE OF ETHICS – a moral standard that the company expects employees to follow; Sometimes it is referred to
as a Value Statement, it behaves like the Constitution with general principles to guide behavior.
CODE OF CONDUCT – applies the Code of Ethics to a host of relevant situations. It outlines specific behaviors
that are required or prohibited as a condition of ongoing employment.
CODE OF ETHICS VS CODE OF CONDUCT
CODE OF ETHICS CODE OF CONDUCT
Helps people make decisions Requires specific behaviors
Moral standard that the company expects employees to
follow
States how the company expects employees to
behave
Are higher level concepts Gets down to specific action expectations
Might state that all employees must obey all safety
protocols
KEY PRINCIPLES OF CODE OF CONDUCT
⚫ Respect for laws and regulations
⚫ Respect for people
⚫ Respect for the environment
⚫ Respect for competition law regulations
⚫ Respect for rules on insider training
⚫ Prevention of conflicts of interest
⚫ Protection of Activities
⚫ Transparency and integrity of information
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PROFESSIONAL ETHICS – encompasses the personal, and corporate standards of behavior expected by
professionals.
ETHICAL DECISION-MAKING – the process of evaluating and choosing among alternatives in a manner
consistent with ethical principles.
ETHICAL DILEMMAS – AKA MORAL DILEMMAS, are situations in which there is a choice to be made between
two options, neither of which resolves the situation in an ethically acceptable fashion.
ETHICAL MODELS – theoretical grounded ethical decision-making models that draw from the latest relevant
literature in ethics and integrate multiple theoretical perspectives.
6 STEPS FOR MAKING ETHICAL DECISIONS
1. Establish the facts in a situation
2. Decide whether the situation involves legal or ethical issues
3. Identify your options and possible consequences
4. Evaluate your options
5. Choose the best option
6. Implement your decision
FIDUCIARY DUTY
⚫ a legal obligation of one party to act in the best interest of another.
⚫ The obligated party is typically a fiduciary, that is, someone entrusted with the care of money or property.
⚫ Also called FIDUCIARY OBLIGATION
IMPORTANCE OF CODE OF CONDUCT
⚫ CODE OF CONDUCT is a central guide and reference for employees in supporting day to day decision making.
⚫ A well written code clarifies organization’s mission, values and principles, linking them with standards of
professional conduct.
PROFESSIONAL CONDUCT – the field of regulation of members of professional bodies, either acting under
statutory or contractual powers.
IMPORTANCE OF PROFESSIONAL CONDUCT
⚫ Professional conduct involves ethics, morals, and standards of behavior. Being a professional, it is necessary
for the person to maintain his/her ethical behavior and to have good professional conduct.
⚫ Professionalism is the conduct, aims or qualities that characterize or mark a profession or professional person;
it implies quality of workmanship or service.
⚫ Every organization knows that a professional reputation is the difference between success and failure and they
seek to keep their most professional staff.
PROFESSIONAL CONDUCT IN THE WORKPLACE
⚫ Professional behavior is a form of etiquette in the workplace, that is linked primarily to respectful and courteous
conduct.
⚫ Being conscious of how you treat co-workers and clients, and ensuring a positive workplace attitude can help
you to improve your productivity and effectiveness in the workplace.
10 GOLDEN RULES TO BEING PROFESSIONAL IN SERVICE TO ORGANIZATION
1. Always strive for excellence
2. Be trustworthy
3. Be accountable
4. Be courteous and respectful
5. Be honest, open and transparent
6. Be competent and improve continually
7. Always be ethical
8. Always be honorable and act with integrity
9. Be respectful of confidentiality
10. Set good examples
PROFESSIONAL ETHICS – the ethics that a person identifies with in respect to people and situations that they
deal with in everyday life.
WAYS TO UPHOLD PROFESSIONALISM AND WORKPLACE ETIQUETTE
⚫ Honor your commitments and get your job done.
⚫ Be on time for work and any meetings/events.
⚫ Pay attention to cultural norms and follow them.
⚫ Check your communication.
⚫ Keep personal business during work time to a minimum.
⚫ Bring a notepad and pen or pencil to every meeting.
⚫ Think before you post, tweet or comment at work or about work.
⚫ Avoid office politics and gossip.
ETHICAL STANDARDS
⚫ establish the parameters of behavior that owners and top executives expect from employees and also from
suppliers, at least to the extent of their relationship with the organization.
⚫ mostly done through behavior-modeling, which means that top executives should set the example of how lower-
level employees should act.
LEGAL ETHICAL STANDARDS – company policies put in place that are based on laws, rules and regulations
that come from government or regulatory bodies.
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MORALLY-BASED ETHICAL STANDARDS
⚫ a company standard for doing the right thing. This standard could be regarding laws, regulations or customer
service and human resource standards.
⚫ When it comes to law falling into morally based standards, the company has decided to exceed the law.
3 LEVELS OF CLASSIFICATION OF ETHICAL STANDARDS
1. MACRO LEVEL – sometimes called the systematic level, ethics are defined and influenced by the wider
operating environment in which the company exists. Factors such as political pressures, economic
conditions, societal attitudes to certain businesses, and even business regulation can influence a company’s
operating standards and policies.
2. COMPANY/CORPORATE LEVEL – ethical standards are embedded in the policies and procedures of the
organization, and form an important foundation on which business strategy is built.
3. INDIVIDUAL LEVEL – individuals may well have a very different set of ethical standards from their employer
and this can lead to tensions.
LAWRENCE KOHLBERG’S MORAL DEVELOPMENT
⚫ LEVEL 1: PRE-CONVENTIONAL
◼ Throughout the pre-conventional level, a child’s sense of morality is externally controlled. Children accept
and believe the rules of authority figures, such as parents and teachers.
◆ STAGE 1: Obedience and Punishment Orientation – focuses on the child’s desire to obey rules
and avoid being punished.
◆ STAGE 2: Instrumental Orientation – expresses the “what’s in it for me?” position, in which right
behavior is defined by whatever the individual believes to be in their best interest.
⚫ LEVEL 2: CONVENTIONAL
◼ Throughout the conventional level, a child’s sense of morality is tied to personal and societal relationships.
◆ STAGE 3: Good boy, Nice Girl Orientation – children want approval of others and act in ways to
avoid disapproval. Emphasis is placed on good behavior and people being nice to others.
◆ STAGE 4: Law and Order Orientation – the child blindly accepts rules and convention because of
their importance in maintaining a functioning society. Rules are seen as being the same for everyone,
and obeying rules by doing what one is supposed to do is seen as valuable and important.
⚫ LEVEL 3: POST-CONVENTIONAL
◼ Throughout the post conventional level, a person’s sense of morality is defined in terms of more abstract
principles and values. People now believe that some laws are unjust and should be eliminated.
◆ STAGE 5: Social-Contract Orientation – the world is viewed as holding different opinions, rights,
and values. such perspective should be mutually respected as unique to each person or community.
◆ STAGE 6: Universal-Ethical-Principal Orientation – moral reasoning is based on abstract
reasoning using universal ethical principles. The chosen principle focuses on equality, dignity or
respect.
COMPANY BEHAVIOR POLICIES
All companies specify what is acceptable behavior and what is not, when hiring an employee. Many even summarize
expected conduct in job descriptions or during the interview process.
1. The importance of integrity
2. Professional Accountability
3. Being a part of a team
4. Dedication and Commitment
5. Meetings
6. Communication
7. Time Management
8. Employee Safety
WHISTLE BLOWER PROTECTION
⚫ provides safeguards against retaliation for those who report suspected legal or ethical violations.
⚫ A whistleblower tells the public or authorities about alleged misconduct occurring in a government department,
private company, or organization.
JUSTICE
⚫ JUSTICE AS PROCESS – justice prevails when people under similar circumstances are treated in an equal
and fair manner before the law.
⚫ JUSTICE AS SUBSTANCE – justice prevails when people receive from the law what they deserve to receive.
THE NEED FOR POLICE TO STUDY ETHICS
⚫ Limited Academic Training in Ethics
⚫ The intellectual capabilities of today’s Officers
POLICE PROFESSIONALISM
⚫ The 1st era in the history of policing was introduced by Sir Robert Peel, an English statesman, with the
establishment of the Metropolitan Police of London in 1829. The members of the Metropolitan Police were
regarded as professional because they were hired, trained and paid to do the job on a fulltime basis. These
people replaced a semi-voluntary system of night watchmen. This is referred to as “Political Era” which was
followed by the Reform Era between 1910 and 1950.
⚫ During the Reform Era strict controls were placed on police officers and police organizations in order to fight the
corruption and incompetence of police officers. Chains of command were tightened, uniforms and a more military
look were harnessed and Internal Affairs were created to investigate accusation of police misconduct. The police
academy was invented, and training was taken seriously for professionalizing the police.
PROFESSIONAL
⚫ A professional is anyone who does a job for pay (a professional athlete as compared to an amateur)
⚫ A professional is anyone who looks clean cut, disciplined, and a polished when on the job (a military standard)
⚫ A professional is anyone who develops and uses a special skill at work (a carpenter or a plumber)
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⚫ A professional is anyone who possess an academic experience and possess a body of knowledge that is
unknown to lay people (a physician, lawyer, engineer, or teacher)
PROFESSIONALS MUST POSSESS
⚫ KNOWLEDGE – a systematically organized body of knowledge that lay people (non-professionals) do not
understand.
⚫ EDUCATION – an academic experience that involves studying and learning. This systematically organized body
of knowledge within a wider conceptual framework.
⚫ REGULATION – self regulation, standards of education and licensing that are set by member of the profession
themselves, normally controlled by professional organizations such as PCAP.
⚫ DISCIPLINE – self policing, investigation and disciplining of members accused of misconduct by their peer
professionals.
⚫ PROBLEM SOLVING – done in a collegial manner; all licensed members of the profession are co-equal partner
in problem-solving- using their expertise and insight to solve problems together.
THE PROFESSIONAL OFFICER POSSESSES (WILLIAM K. MUIR)
⚫ PASSION – the understanding that resorting to violence or threats is ethically acceptable if and only if is done
in the interest of justice and in accordance with the welfare of the community; that no guilt need be associated
with the pain or unpleasantness of using force.
⚫ PERSPECTIVE – the development of an inner understanding of the motives of the people, a sense of life’s
causes and effects, and a knowledge of the tragedy of life.
PROFESSIONAL CODE OF ETHICS
SOME IMPORTANT STEPS TO FOLLOW:
⚫ Get started on your code of ethical conduct
⚫ Conduct initial research
⚫ Secure commitment
⚫ Focus in your organization
⚫ Consider a social audit
⚫ Assemble high-priority ethical values
⚫ Compose and circulate a draft code
⚫ Adopt the final code
⚫ Institute a procedure for dealing with issues
⚫ Review bi-annually
CODE OF CONDUCT & ETHICAL STANDARDS FOR PUBLIC OFFICIALS &
EMPLOYEES
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.
⚫ 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.
⚫ LOAN – covers both simple loan and commodatum as well as guarantees, financing arrangements or
accommodations intended to ensure its approval.
⚫ SUBSTANTIAL STOCKHOLDER – any person who owns, directly or indirectly, shares of stock sufficient to
elect a director for corporation.
⚫ FAMILY OF PUBLIC OFFICIALS – their spouses and unmarried children under eighteen years of age.
⚫ PERSON – includes natural and juridical persons unless the context indicates otherwise.
⚫ 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.
⚫ 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.
⚫ DIVESTMENT – 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.
NORMS OF CONDUCT OF PUBLIC OFFICIALS AND EMPLOYEES
A. Every public official and employee shall observe the following as standards of personal conduct in the
discharge and execution of official duties.
1. Commitment to Public Interest
2. Professionalism
3. Justness and Sincerity
4. Political Neutrality
5. Responsiveness to the public
6. Nationalism and Patriotism
7. Commitment to Democracy
8. Simple living
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B. The Civil Service Commission shall adopt positive measures to promote.
1. Observance of these standards including the dissemination of information programs and workshops
authorizing merit increases beyond regular progression steps, to a limited number of employees
recognized by their office colleagues to be outstanding in their observance of ethical standards.
2. Continuing research and experimentation on measures which provide positive motivation to public
officials and employees in raising the general level of observance of these standards.
DUTIES OF PUBLIC OFFICIALS & EMPLOYEES
⚫ Act promptly on letters and request.
⚫ Submit annual performance reports.
⚫ Process documents and papers expeditiously.
⚫ Act immediately on the public’s personal transactions.
⚫ Make documents accessible to the public.
PROHIBITED ACTS & TRANSACTIONS
⚫ Financial and material interest
⚫ Outside employment and other activities related thereto
⚫ Disclosure or misuse of confidential information
⚫ Solicitation or acceptance of gifts
ROBERT PEEL’S 9 PRINCIPLES OF POLICING
1. The basic mission for which the police exist is to prevent crime and disorder.
2. The ability of the police to perform their duties is dependent upon public approval of police actions.
3. Police must secure the willing cooperation of the public in voluntary observance of the law to be able to
secure and maintain the respect of the public.
4. The degree of cooperation of the public that can be secured diminishes proportionally to the necessity of
the use of force.
5. Police seek and preserve public favor not by catering to public opinion but by constantly demonstrating
absolute impartial service to the law.
6. Police use physical force to the extent necessary to secure observance of the law or to restore order only
when the expertise of persuasion, advice and warning is found to be insufficient.
7. Police at all time should maintain a relationship with the public that gives reality to the historic tradition; the
police are public and the public are the police. The police being only full-time individuals charged with the
duties that are incumbent on all of the citizens.
8. Police should always direct their actions strictly towards their functions and never appear to usurp the
powers of the judiciary.
9. The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action
in dealing with it.
LAW ENFORCEMENT CODE OF ETHICS
“As 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.
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 and develop self-restrain.
Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept secret
unless revelation is necessary in the performance of my duty.
I will never permit personal feelings, prejudice, animosities or friendships to influence my decisions.
I will never act officiously.
With no compromise for crime and with relentless prosecution of criminals I will enforce the law courteously and
appropriately without fear or favor, malice or ill will.
I will never employ unnecessary force or violence.
I will never accept 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 ethics of police service.
I will constantly strive to achieve these objectives and ideals dedicating myself before god to my chosen
profession…… Law Enforcement.”
2 MAJOR PURPOSES OF CODE OF ETHICS
1. They provide moral guidelines for practitioners of criminal justice.
2. Codes of Ethics define professional behavior in the workplace.
CANONS OF POLICE ETHICS
⚫ PRIMORDIAL POLICE RESPONSIBILITY
◼ primordial – primary
◼ the primary responsibility of the police is CRIME PREVENTION
⚫ LIMITATION OF POLICE AUTHORITY
◼ laws set limits to the authority of the police in the performance of their functions.
◼ police officers are not exempted from obeying the law they are enforcing.
⚫ KNOWLEDGE OF THE LAW AND OTHER RESPONSIBILITIES
◼ police officers must know and understand the laws they are enforcing.
◼ police officers must know the relationship of the PNP with other law enforcement agencies.
⚫ USE OF PROPER MEANS TO OBTAIN PROPER ENDS
◼ Means - ways; manner
◼ Ends - goals; objectives
◼ police officers must use lawful methods in performing their official duties and functions.
⚫ COOPERATION WITH PUBLIC OFFICIALS
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⚫ PROPER CONDUCT AND BEHAVIOR
◼ police officers must be careful with what they say and what they do at all times, whether in their personal
lives or official capacity.
⚫ CONDUCT TOWARDS THE COMMUNITY
⚫ CONDUCT IN ARRESTING LAW VIOLATORS
◼ police officers must always abide by the rules and prescribed procedures in making lawful arrests.
⚫ FIRMNESS IN REFUSING GIFTS OR FAVOR
◼ police officers must NEVER ASK for, and NEVER ACCEPT, gifts or favors in exchange for their help or
assistance to avoid misinterpretation.
⚫ IMPARTIAL PRESENTATION OF EVIDENCE
◼ impartial – fair
◼ police officers must present all evidence, whether the evidence proves the innocence or guilt of the suspect.
⚫ ATTITUDE TOWARDS POLICE PROFESSION
◼ police officers must have a high regard and respect for the police profession.
◼ police officers must strive to improve their knowledge and skill in order to serve the community the best
possible way they can.
PROFESSIONAL POLICE PRINCIPLES
⚫ PREVENTION OF CRIME AND DISORDER
◼ the primordial responsibility of the police.
◼ the primary objective of the police organization.
⚫ COOPERATION OF THE COMMUNITY
◼ the ability of the police to perform their duty is dependent upon community support.
◼ the police must secure the respect and trust of the community in order to gain their support.
⚫ UNREASONABLE FORCE REDUCES COMMUNITY COOPERATION
◼ police officers must not abuse their authority because it affects the attitude and opinions of the community
towards them, which in turn affects their desire to cooperate.
⚫ USE OF REASONABLE FORCE WHEN PERSUASION IS NOT SUFFICIENT
◼ police officers are allowed to use force when dialogue is no longer effective, but the kind or degree of force
must be REASONABLE.
⚫ IMPARTIAL ENFORCEMENT OF LAWS
◼ police officers must enforce the law equally to all persons, without regard to social status.
◼ the law should apply to all.
⚫ THE COMMUNITY ARE THE POLICE
⚫ POLICE SHOULD NOT USURP JUDICIAL POWER
◼ USURP – take on; assume
◼ JUDICIAL POWER – the authority to judge and impose penalty.
◼ police officers have no authority to decide if the suspect is guilty or not, and cannot impose the penalty
that they want.
⚫ RULES OF ENGAGEMENT IMPARTIALLY OBSERVED
◼ police officers must always abide by the prescribed procedures in conducting police operations.
⚫ REDUCTION OF CRIME AND DISORDER
◼ the test of police efficiency is the reduction of crime and disorder until totally eradicated, not by evidence
of police presence and action in dealing with the community.
⚫ 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.
• police officers must NEVER ABUSE POLICE DISCRETION granted to them.
THE PNP CODE OF ETHICS, PROFESSIONAL CONDUCT & ETHICAL STANDARDS
DEFINITION OF TERMS
⚫ NEGLECT OF DUTY/ NONFEASANCE – the omission or refusal, without sufficient excuse, to perform an act
or duty.
⚫ IRREGULARITIES IN THE PERFORMANCE OF DUTY/ MISFEASANCE – the improper performance of some
act which might be lawfully done.
⚫ MISCONDUCT/MALFEASANCE – the doing, either through ignorance, inattention or malice, of that which the
officer had no legal right to do all, as where he acts without any authority whatsoever, or exceeds, ignores or
abuses his powers.
⚫ INCOMPETENCY – the manifest lack of adequate ability and fitness for the satisfactory performance of police
duties.
⚫ OPPRESSION – an act of cruelty, severity, unlawful execution, domination or excessive use of authority.
⚫ DISHONESTY – the concealment or distortion of truth in a matter of fact relevant of 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.
⚫ VIOLATION OF LAW – presupposes conviction in court of any crime of offense penalized under Revised Penal
Code.
THE 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.”
⚫ “I believe that respect for authority is a duty.”
⚫ “I believe in selfless love and service to people.”
⚫ “I believe in the sanctity of marriage and the respect for women.”
⚫ “I believe in the responsible dominion and stewardship over material things.”
⚫ “I believe in the wisdom of truthfulness.”
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j9p_16
PNP CORE VALUES
⚫ Love of God
⚫ Respect for Authority
⚫ Selfless Love and Service to People
⚫ Sanctity of Marriage and Respect for Women
⚫ Responsible Dominion and Stewardship over Material Things
⚫ Truthfulness
PNP STAND ON BASIC ISSUES
⚫ PNP IMAGE – PNP members shall possess the following virtues:
◼ HONOR
◼ INTEGRITY
◼ VALOR
◼ JUSTICE
◼ HONESTY
◼ HUMILITY
◼ CHARITY
◼ LOYALTY TO SERVICE
⚫ CAREER MANAGEMENT: THE KEY IN PROFESSIONALISM
◼ the PNP recognizes the need to have proper and strict policies regarding recruitment, training, assignment,
promotion, awards, discipline and retirement to ensure sound administration and to look after the welfare
of its members. There should be a strict adherence of policies and implementation of human resources
development system.
⚫ 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.
⚫ DELICADEZA
◼ sense of pride and self-worth.
◼ police officers must be able to sacrifice self-interest in the name of duty.
◼ police officers must not do anything that would bring dishonor to himself and to the PNP organization itself.
⚫ EQUALITY IN THE SERVICE
◼ all police officers shall have equal opportunities for improvement and career advancement based on merit.
◼ there should be a judicious equitable distribution of opportunities to prove one’s worth in the police service
as in the giving of assignment, training, promotions, and awarding of achievements to avoid an
atmosphere of demoralization.
⚫ POLICE LIFESTYLE
◼ police officers must live a simple, yet credible and dignified life, free from greed, corruption and exploitation.
◼ police officers must set a good example.
⚫ POLICE PATRONAGE
◼ police officers must never ask for recommendations from public officials in matters pertaining to promotion,
assignment, awards and others.
⚫ HUMAN RIGHTS
◼ police officers must respect and protect human dignity and man’s inalienable right to life, liberty and
property.
⚫ SETTING EXAMPLE
POLICE PROFESSIONAL CONDUCT
⚫ COMMITMENT TO DEMOCRACY
◼ police officers must never forget that they are public servants and they must at all times uphold the
Constitution and be loyal to the country, the people and the PNP organization.
◼ they shall commit themselves to the democratic way of life and values and maintain the principle of public
accountability.
⚫ COMMITMENT TO PUBLIC INTEREST
◼ Public Interest – for the good of the people or community.
◼ police officers must always uphold public interest over and above personal interests.
◼ police officers must respect the fact that their resources are funded by taxpayers’ money and should
therefore be used wisely and economically to avoid wastage of public funds.
⚫ NON-PARTISANSHIP
◼ police officers must not be identified with any particular political party or figure.
◼ they must extend their assistance to all regardless of party affiliation.
◼ they shall provide services to everyone without discrimination.
⚫ PHYSICAL FITNESS AND HEALTH
◼ police officers shall strive to be mentally fit and in good health at all times.
⚫ SECRECY DISCIPLINE
◼ police officers must guard the confidentiality of all official information and all matters relating to the official
function of the police organization.
◼ disclosure must always be authorized.
⚫ SOCIAL AWARENESS
◼ police officers and their immediate family members shall be encouraged to actively get involved in religious,
social and civic activities without affecting their official duties.
⚫ PROPER CARE AND USE OF PUBLIC PROPERTY
◼ police officers shall promote and maintain a sense of responsibility in the protection, proper care and
judicious disposition and use of property entrusted to their care and custody.
⚫ NON-SOLICITATION PATRONAGE
◼ shall seek self-improvement through career development and shall not directly or indirectly solicit influence
or recommendation from politicians, high ranking government officials, and prominent citizens, persons
affiliated with civic or religious organizations with regards to their assignment, promotions and transfer nor
shall they initiate any petition to be prepared and presented by citizens in their behalf.
⚫ RESPECT FOR HUMAN RIGHTS
◼ police officers shall respect and protect human dignity and uphold human rights of all persons.
⚫ DEVOTION TO DUTY
◼ police officers must perform their duties with dedication, thoroughness, efficiency, enthusiasm,
determination and manifest concern for public welfare.
10
j9p_16
⚫ CONSERVATION OF NATURAL RESOURCES
◼ police officers shall help in the development and conservation of our natural resources for ecological
balance and posterity.
⚫ DISCIPLINE
◼ police officers must act and behave according to the rules and regulations of the organization at all times.
⚫ LOYALTY
◼ police officers must be loyal to the Constitution and to the police service, as manifested by their loyalty to
their superiors, peers and subordinates.
⚫ OBEDIENCE TO SUPERIOR
◼ police officers must obey lawful orders of their superiors.
◼ police officers must always be courteous to superiors and other appropriate authorities within the chain of
command.
⚫ COMMAND RESPONSIBILITY
◼ police officers shall be responsible for the effective supervision, control and direction of their personnel.
POLICE CUSTOMS AND TRADITIONS
DEFINITION OF TERMS
⚫ CUSTOMS
◼ rules of conduct formed by repetition of acts, uniformly practiced as social rules.
◼ established usages or social practices carried on by tradition that have obtained the force of law.
⚫ TRADITIONS – bodies of beliefs, stories, customs and usages handed down from generation to generation with
the effect of an unwritten law.
⚫ COURTESY – a manifestation or expression of consideration and respect for others.
⚫ CEREMONY – a formal act or set of formal acts established by customs or authority as proper to special
occasion.
⚫ SOCIAL DECORUM – a set of norms and standards practiced by members during social and other functions.
POLICE CUSTOMS
⚫ POLICE CUSTOMS ON COURTESY
◼ SALUTE – the usual greeting rendered by uniformed members in recognizing persons entitled to a salute.
◼ SALUTE TO NATIONAL COLORS AND STANDARDS - members stand at attention and salute the
national color and standard as it passed by them or when the national color is raised or lowered during
ceremonies.
◼ ADDRESS/TITLE – junior in rank address senior members who are entitled to salute with the word "Sir"
or Ma’am. All Police Commissioned Officers shall be addressed sir or ma’am by Police Non-
Commissioned Officers and Non-Uniformed Personnel.
◼ COURTESY CALLS
◆ Courtesy Call of Newly Assigned/Appointed Member - PNP members who are newly appointed
or assigned in a unit or command call on the chief of the unit or command and other key personnel
as a matter of courtesy, as well as for accounting, orientation and other purposes.
◆ Promotion Call – newly-promoted PNP members call on their unit head. On this occasion, they are
usually given due recognition and congratulations by their peers for such deserved accomplishment.
◆ Exit Call – PNP members pays an Exit Call on their superiors in the unit or command when relieved
or reassigned out of the said unit or command.
◼ COURTESY OF THE POST – the host unit extends hospitality to visiting personnel who pay respect to
the command or unit.
◼ RANK HAS ITS OWN PRIVILEGE (RHIP) – PNP members recognize the practice that different ranks
carry with them corresponding privileges.
⚫ POLICE CUSTOMS ON CEREMONIES
◼ FLAG RAISING CEREMONY – PNP members honor the flag by hoisting it and singing the National
Anthem before the start of the official day's work.
◼ FLAG RETREAT CEREMONY – at the end of the official days' work, the PNP members pause for a
moment to salute the lowering of the flag.
◼ HALF-MAST – the flag is raised at half-mast in deference to deceased uniformed members of the
command.
◼ FUNERAL SERVICE AND HONORS – departed uniformed members, retirees, war veterans or former
PC/INP members are given vigil, necrological services and graveside honors as a gesture of farewell.
◼ HONOR CEREMONY – arrival and departure honor ceremonies are rendered to visiting dignitaries, VIPs,
PNP Officers with the grade of Police Brigadier General and above and AFP officers of equivalent grade,
unless waived.
◼ CEREMONY TENDERED TO RETIREES – in recognition of their long faithful and honorable service to
the PNP, a testimonial activity is tendered in their honor.
◼ TURN-OVER CEREMONY – the relinquishment and assumption of command or key position is publicly
announced in a Turn-Over Ceremony by the out-going and in-coming officers in the presence of the
immediate superior or his representative. Outgoing Commander/Director should not leave his post without
proper turnover of properties/equipment, human and material resources.
◼ WEDDING CEREMONY – during marriage of PNP members, a ceremony is conducted with participants
in uniform and swords drawn.
◼ ANNIVERSARY – the birth or institutional establishment of a command or unit is commemorated in an
Anniversary Ceremony.
⚫ POLICE CUSTOMS ON SOCIAL DECORUM
◼ PROPER ATTIRE – PNP members always wear appropriate and proper attire in conformity with the
occasion.
◼ TABLE MANNERS – PNP members observe table etiquette at all times.
◼ SOCIAL GRACES – PNP members conduct themselves properly in dealing with people during social
functions.
◼ UNIFORM/APPEARANCE – the public looks upon a PNP member as distinctively a man among men.
They are best exemplified by those who are neat in appearance and wearing the prescribed uniform.
◼ MANNER OF WALKING – every PNP member is expected to walk with pride and dignity.
11
j9p_16
⚫ OTHER POLICE CUSTOMS
◼ VISITING THE SICK – immediate commanders or other available officers of the unit visit PNP members
who are sick in the hospital, their residence or any place of confinement in order that their needs are
attended to.
◼ SURVIVOR ASSISTANCE TO HEIRS OF DECEASED MEMBERS – a survivor officer is designated
whenever PNP members die, to render maximum assistance to their legitimate bereaved family until all
benefits due shall have been received.
◼ VISITING THE RELIGIOUS LEADERS – PNP Officers visit religious leaders in their area of assignment
to establish or maintain rapport and cooperation between the difference religious leaders and the PNP.
◼ ATHLETICS – PNP members indulge in physical fitness activities to ensure that their proper physical
appearance and bearing are maintained with the waist line measurement always smaller than size of his
chest and in conformity with the standard set forth by the organization.
◼ HAPPY HOURS – usually on Friday or any other day suitable for the occasion, PNP members gather
together at their PNP club for a light-hearted jesting or airing of minor gripes.
CHALLENGES TO POLICE ETHICAL BEHAVIOR
DEFINITION OF TERMS
⚫ DEVIANCE – behavior inconsistent with the police culture’s norms.
⚫ CORRUPTION – immoral, habitual behavior involving misuse of office for self-interest.
⚫ FAVORITISM – unfair or unjust acts usually given to friends or relatives.
⚫ MISCONDUCT – wrongful violations of a police department’s rules, policies, and procedures.
DEVIANT BEHAVIORS
⚫ BRUTALITY – the infliction of physical harm. It is often a product of immaturity. Institutionalized brutality is a
by-product of poor training, peer support and lax/incompetent supervision.
⚫ ABUSE OF AUTHORITY
⚫ LYING
◼ Falsifying Reports
◼ Falsifying Evidence
◼ Cover-up
◼ Lying in Court
⚫ SEXUAL MISCONDUCT
⚫ EXTORTION
⚫ SEXUAL LIAISONS
⚫ THEFT
⚫ BRIBERY
⚫ ALCOHOL/DRUG ABUSE
⚫ DELIBERATE INEFFICIENCY
⚫ CORRUPTION – the misuse of police authority for personal gain. The term police corruption is often used in
reference to all kind of wrongful police conduct, including police brutality or excessive use of force, racial
discrimination and perjury.
TYPE OF POLICE DEVIANCE
⚫ POLICE GRATUITY
◼ A GRATUITY is the receipt of free meals, services, or discounts. These are considered fringe benefits of
the job. Nevertheless, they violate the code of ethics because they involve financial reward/gain and they
are corruption because the officer has been placed in a compromising position.
◼ When the officer is quite blatant about demanding free services, it is called CHISELING.
⚫ POLICE PERJURY – a means to effect an act of corruption, leaving out certain, pertinent pieces of information
in order to fix a criminal prosecution. Dropsy evidence is typical,where the officer testifies untruthfully that he/she
saw the offender drop some narcotics or contraband.
⚫ POLICE BRUTALITY – excessive force, name calling, sarcasm, ridicule and disrespect.
⚫ POLICE PROFANITY
◼ there are many reasons why a police officer would use obscene and profane language.
◼ words having religious connotations (hell, goddamn) – least offensive
◼ words indicating excretory functions (shit)
◼ words connected with sexual functions (fuck) – most offensive
⚫ SEX ON DUTY OR DUTY-RELATED – contacts with promiscuous females and minimal supervision and part
of the job.
◼ Traffic Stops – to get a closer look at the female or information about her.
◼ Fox Hunting – stopping college girls to get the “I’ll do anything” routine.
◼ Voyeurism – window peeping.
◼ Victim Re-contacts – consoling victims who have psychological needs.
◼ Opposite Sex Strip Searches – touching or sex with jail inmates.
◼ Sexual Shakedowns – letting prostitutes go if they perform sex acts.
⚫ SLEEPING ON DUTY – on the night shift, the police car is sometimes referred to as the travelling bedroom. In
police argot, a hole or coop is where sleeping takes place, typically the backroom of someplace the officer has
a key to and can engage in safe cooping.
⚫ DRINKING AND ABUSING DRUGS ON OR OFF DUTY – there are endless opportunities to drink or take drugs
while on duty and the reasons for it are many: to get high, addiction, stress, burnout, or alienation from the job.
⚫ MISUSE OF CONFIDENTIAL INFORMATION – normally involves the jeopardization of ongoing investigations
by leaking information to friends, relatives, the public, the press or in some cases, directly to the criminal
suspects or members of the gang.
POLICE CORRUPTION
⚫ NEGOTIABLE GRAFT – the mutual bargaining behavior engaged in between officers and criminals.
⚫ EXTORTION – the practice of solicitation of money or favors by officers in return for ignoring violations of law.
⚫ ACCEPTANCE OF PETTY BRIBES – happens most of the time in the roads.
⚫ TAKING KICKBACKS AND SIMILAR REWARDS – the money or something of value given to the officer by a
“business” in exchange for consideration.
⚫ OPPORTUNISTIC THEFT – a theft that arises naturally out of the performance of an officer’s routine duties.
12
j9p_16
⚫ TAKING BRIBES FROM OTHER OFFICERS – the falsification of attendance records, influence vacations and
day offs, and reports them present even if they are not.
CLASSIFICATION OF CORRUPT POLICE OFFICERS
⚫ MEAT EATERS/“carnivorous cops” – those who actively and aggressively seek personal gain through
position or power.
⚫ GRASS EATERS/“vegetarian cop” – those who passively accept gifts and bribes as they come along.
⚫ STRAIGHT SHOOTERS – honest policemen who are ready to cover and conceal corrupt practices of the police
department as part of camaraderie and the unwritten code of silence.
The OPPOSITE of these corrupt police officers is:
• WHITE KNIGHTS OR EAGLES – policemen with integrity and honest and straight forward.
Mostly idealistic they rise above corruption and confront it.
ADMIN OFFENSES
⚫ NEGLECT OF DUTY/NON-FEASANCE
⚫ IRREGULARITIES IN THE PERFORMANCE OF DUTY/ MISFEASANCE
⚫ MISCONDUCT/MALFEASANCE
⚫ INCOMPETENCY – ignorance or material lack of adequate ability and fitness for the satisfactory performance
of police duties; has reference to any physical, psychological, moral or intellectual quality, the lack of which
substantially incapacitates one to perform duties.
⚫ OPRESSION – an act of cruelty, severity, unlawful exaction, domination, or excessive use of authority; the
exercise of unlawful powers or other means, in depriving an individual of his property or liberty against his will.
⚫ 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, through overt and covert acts.

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Professional-Conduct-and-Eth-Standards-Notes (1).pdf

  • 1. 1 PROFESSIONAL CONDUCT & ETHICAL STANDARDS JOPERSON G PABLO, RCRIM., REB, REA j9p_16 ETHICS ⚫ derived from an Ancient Greek word, ethikos, which means “relating to one’s character” ⚫ Ethikos is itself derived from another Greek word, the noun ethos meaning “character, disposition” ⚫ came from the Latin word “ethos” means customary, behavior, moral. The two words Latin ethicus and Greek ethikos have the same meaning which is customary. ETHICS OF MORAL PHILOSOPHY – a branch of philosophy that involves systematizing, defending, and recommending concepts of right and wrong conduct. 3 MAJOR AREAS OF STUDY WITHIN ETHICS ⚫ META-ETHICS – concerning the theoretical meaning and reference of moral propositions, and how their truth values can be determined. ⚫ NORMATIVE ETHICS – concerning the practical means of determining a moral course of action. ⚫ APPLIED ETHICS – concerning what a person is obligated to do in a specific situation or a particular domain of action. PHILOSOPHY ⚫ derived from 2 Greek words. ⚫ PHILO means love; SOPHY means wisdom ⚫ sa madaling sabi, philosophy then means LOVE OF WISDOM. 4 MAIN BRANCHES OF PHILOSOPHY ⚫ METAPHYSICS – considers the physical universe and the nature of ultimate reality. ⚫ EPISTEMOLOGY – considers how people come to learn what they know; the nature and origin of knowledge and truth. ⚫ AXIOLOGY – considers the study of principles and values. ⚫ LOGIC – seeks to organize reasoning. ETHICS AND LAW Customary ethics rather than laws have been the prime source of social conformity. For instance: ⚫ The Code of Hammurabi ⚫ Plato in his Republic put little emphasis on laws per se and more on development of a polis. ⚫ The Common Law ⚫ The practice of chivalry ⚫ The high level of social order among traditional Islamic societies. HUMAN ACTS VS ACTS OF MAN HUMAN ACTS ACTS OF MAN actions performed by man, knowingly and freely actions which happen in man deliberate or intentional actions or voluntary instinctive and are not within the control of the will actions are the result of conscious knowledge and are subject to the control of the will biological and physiological movements in man such as, metabolism, respiration, fear, anger, love, and jealousy PHILOSOPHY – the quality of human acts by which they are constituted as good, bad, or indifferent. CLASSIFICATIONS OF ACTIONS ACCORDING TO THE NORMS OF MORALITY ⚫ MORAL (GOOD) ACTIONS – are those actions which are in conformity with the norm of morality. ⚫ IMMORAL (BAD) ACTIONS – are those actions which are not in conformity with the norm of morality. ⚫ AMORAL (INDIFFERENT) ACTIONS – are those actions which stand neutral in relation to the norm of morality. VOLUNTARINESS ⚫ came from the Latin word “voluntas”, referring to the will. ⚫ essential to an act ⚫ Without it, an act is a mere act of man. THE MODIFIERS OF HUMAN ACTS ⚫ IGNORANCE – absence of knowledge which a person ought to possess. Classification of Ignorance 1. Vincible Ignorance – can easily be reminded through ordinary diligence and reasonable efforts 2. Invincible Ignorance – a person possesses without being aware of it, or having awareness of it, lacks the means to rectify it. ⚫ PASSIONS – tendencies towards desirable objects, or tendencies away from undesirable or harmful things. Classification of Passions 1. Positive Emotions – love, desire, delight, hope, and bravery. 2. Negative Emotions – hatred, horror, sadness, despair, fear, and anger. ⚫ FEAR – disturbance of the mind of a person who is confronted by an impending danger or harm to himself or loved ones. ⚫ VIOLENCE – any physical force exerted on a person by another free agent for the purpose of compelling said person to act against will. ⚫ HABITS – a lasting readiness and facility, born of frequently repeated acts, for acting in a certain manner.
  • 2. 2 j9p_16 RIGHT ⚫ OBJECTIVELY: it is anything which is owed or due. ⚫ SUBJECTIVELY: that is, as residing in a person, right is a moral power, bound to be respected by others, of doing, possessing, or requiring something. KINDS OF RIGHTS ⚫ Natural rights ⚫ Human rights ⚫ Civil rights ⚫ Ecclesiastical/religious rights ⚫ Alienable and inalienable rights ⚫ Right of jurisdiction ⚫ Right of property ⚫ Juridical right ⚫ Non-juridical right (moral right) DUTY ⚫ OBJECTIVELY: it is anything we are obliged to do or to omit. ⚫ SUBJECTIVELY: it is a moral obligation incumbent upon a person of doing, omitting, or avoiding something. KINDS OF DUTIES ⚫ NATURAL DUTIES – those imposed by natural law such as, the duty to care for our health. ⚫ POSITIVE DUTIES – those imposed by a human positive law such as the duty to pay taxes and observe traffic rules. ⚫ AFFIRMATIVE DUTIES – those which require the performance of a certain act, such as casting a ballot during election; applying for a business license. ⚫ NEGATIVE DUTIES – those which require the omission of a certain act such as not carrying illegal firearms, or not destroying the property of another. DUTY ⚫ the term given to those ideas, behaviors, and actions that are important to us. Values are those things worth fighting for and those things worth sacrificing for. ⚫ came from Latin word “valere”, meaning “to be strong or to be worth” ◼ INTEGRITY – the quality of being honest and having strong moral principles; moral uprightness. ◼ HONESTY – when you speak the truth and act truthfully. ◼ HARDWORK – a great deal of effort or endurance. ◼ KINDNESS – the quality of being friendly, generous, and considerate. ◼ COMPASSION – sympathetic, pity and concern for the sufferings or misfortune of others. ◼ EMPATHY – ability to understand and share the feelings of another. ◼ SYMPATHY – a shared feeling, usually of sorrow, pity or compassion for another person. ◼ JUSTICE – the morally fair and right state of everything. ◼ FORMAL JUSTICE – the impartial, consistent and strict application of established rules or law. ◼ NON-FORMAL JUSTICE – treating persons in accordance with their rights, where the question of what a person’s right are. ◼ BRAVERY – the quality or state of having or showing mental or moral strength to face danger, fear, or difficulty: courageous behavior or character. PERSONAL VALUES – implicitly related to choice; they guide decisions by allowing for an individual’s choices to be compared to each choice’s associated values. TYPES OF VALUES ⚫ ETHICAL/MORAL VALUES – a person who knows the difference between right and wrong and chooses right is moral. ⚫ DOCTRINAL/IDEOLOGICAL VALUES ◼ doctrine, from Latin doctrina, meaning “teaching”, instruction or doctrine. ◼ a codification of beliefs or a body of teachings or instructions. ◼ ideological – describes political, cultural, or religious beliefs. ⚫ SOCIAL VALUES – set of moral principles defined by society dynamics, institutions, traditions and cultural beliefs. ⚫ AESTHETIC VALUES – the value that an object, event or state of affairs possess in virtue of its capacity to elicit pleasure or displeasure when appreciated or experienced aesthetically. KINDS OF VALUES ⚫ BIOLOGICAL VALUES – necessary to the physical survival of man as an organism. (life and health, food and shelter, work) ⚫ SOCIAL VALUES – necessary to the sensual needs and fulfillment (leisure and sex, marriage, family and home, parental authority, education) ⚫ RATIONAL VALUES – necessary to the functions and fulfillment of intellect and will. (understanding and control of nature, guide and control of oneself, solidarity, parental authority with fellowmen, religion) MORAL VALUES ⚫ those that directly pertain to the function of intellect and will. ⚫ those choices, decisions, and actions, by which man’s national faculties are involved and perfected. VIRTUE ⚫ The ancient Romans used the Latin word virtus (derived from vir, their word for man) to refer to all of the “excellent qualities of men, including physical strength, valorous conduct and moral rectitude.” ⚫ moral excellence ⚫ a trait or quality that is deemed to be morally good and thus is valued as a foundation of principle and good moral being.
  • 3. 3 j9p_16 4 MORAL VIRTUES ACCORDING TO SCHOLASTIC PHILOSOPHY 1. PRUDENCE – treats how you handle yourself. 2. JUSTICE – treats your interactions with other people. 3. FORTITUDE/COURAGE – treats your aversion. 4. TEMPERANCE/ MODERATION – treats your desire. PRUDENCE – characterized by being careful about one’s choices, not taking undue risks, and not saying or doing things that might later be regretted. JUSTICE – the concept of moral rightness based on ethics, rationality, law, natural law, religion, fairness or equity, along with the punishment of the breach of said ethics. Variation of Justice • Utilitarianism – a form of consequentialism, where punishment is forward-looking. • Retributive Justice – regulates proportionate response to crime proven by lawful evidence, so that punishment is justly imposed and considered as morally correct and fully deserved. • Restorative Justice – this approach frequently brings an offender and a victim together, so that the offender can better understand the effect his/her offense had on the victim. • Distributive Justice – directed at the proper allocation of things- wealth, power, reward, respect- among different people. • Oppressive Law – exercises an authoritarian approach to legislation that is totally unrelated to justice, a tyrannical interpretation of law is one in which the population lives under restriction from unlawful legislation. FORTITUDE – enables a person to stand firm against and endure the hardships of life, to restrain fear, or to moderate fear in the face of danger, all done in accordance with reason. TEMPERANCE – Sophrosyne in Greek is defined as “moderation in action, thought, or feeling; restraint”. It is the habit of moderation in the use of pleasurable things. OTHER VALUES ⚫ Religious Values – pertain to man’s relationship with God, guiding and regulating his communion with Him. ⚫ Cultural Values – pertain to man’s relationship sharing with others in a given community of persons, shaping their spiritual kinship, and directing their attention to definite ideals of behavior. ⚫ Social Values – pertain to the relationship necessary in the promotion of human society as a whole, integrating the motivation and interests of members towards the common objective or goal. Hierarchy of Values ⚫ refers to the order of values from the lowest to the highest in importance. ⚫ the goods pertaining to the soul, the intellect and will occupy the highest level of importance while the biological values occupy the lowest rank. THE HIGHEST VALUE-GOD ⚫ Summum bonum – a Latin expression meaning the highest good which was introduced by the Roman philosopher Cicero, to correspond to the idea of the God in ancient Greek philosophy. Benefits of Knowing God ⚫ Eternal life/Quality of life ⚫ Proper Evaluation of Humanity ⚫ Knowing God Reveals Our Sin ⚫ Knowing God Helps Us Give Value to Humanity ⚫ Proper Evaluation of Morality ⚫ Not knowing God Leads to Approval of Sin ⚫ Peace and Security ⚫ Increased Wisdom ⚫ Multiplication of Blessings ⚫ Multiplied Grace ⚫ Multiplied Peace ⚫ Multiplied Power ⚫ A worthy and Pleasing life ⚫ Fruitfulness ⚫ Endurance, Patience, Joy, and Thanksgiving CODE OF ETHICS – a moral standard that the company expects employees to follow; Sometimes it is referred to as a Value Statement, it behaves like the Constitution with general principles to guide behavior. CODE OF CONDUCT – applies the Code of Ethics to a host of relevant situations. It outlines specific behaviors that are required or prohibited as a condition of ongoing employment. CODE OF ETHICS VS CODE OF CONDUCT CODE OF ETHICS CODE OF CONDUCT Helps people make decisions Requires specific behaviors Moral standard that the company expects employees to follow States how the company expects employees to behave Are higher level concepts Gets down to specific action expectations Might state that all employees must obey all safety protocols KEY PRINCIPLES OF CODE OF CONDUCT ⚫ Respect for laws and regulations ⚫ Respect for people ⚫ Respect for the environment ⚫ Respect for competition law regulations ⚫ Respect for rules on insider training ⚫ Prevention of conflicts of interest ⚫ Protection of Activities ⚫ Transparency and integrity of information
  • 4. 4 j9p_16 PROFESSIONAL ETHICS – encompasses the personal, and corporate standards of behavior expected by professionals. ETHICAL DECISION-MAKING – the process of evaluating and choosing among alternatives in a manner consistent with ethical principles. ETHICAL DILEMMAS – AKA MORAL DILEMMAS, are situations in which there is a choice to be made between two options, neither of which resolves the situation in an ethically acceptable fashion. ETHICAL MODELS – theoretical grounded ethical decision-making models that draw from the latest relevant literature in ethics and integrate multiple theoretical perspectives. 6 STEPS FOR MAKING ETHICAL DECISIONS 1. Establish the facts in a situation 2. Decide whether the situation involves legal or ethical issues 3. Identify your options and possible consequences 4. Evaluate your options 5. Choose the best option 6. Implement your decision FIDUCIARY DUTY ⚫ a legal obligation of one party to act in the best interest of another. ⚫ The obligated party is typically a fiduciary, that is, someone entrusted with the care of money or property. ⚫ Also called FIDUCIARY OBLIGATION IMPORTANCE OF CODE OF CONDUCT ⚫ CODE OF CONDUCT is a central guide and reference for employees in supporting day to day decision making. ⚫ A well written code clarifies organization’s mission, values and principles, linking them with standards of professional conduct. PROFESSIONAL CONDUCT – the field of regulation of members of professional bodies, either acting under statutory or contractual powers. IMPORTANCE OF PROFESSIONAL CONDUCT ⚫ Professional conduct involves ethics, morals, and standards of behavior. Being a professional, it is necessary for the person to maintain his/her ethical behavior and to have good professional conduct. ⚫ Professionalism is the conduct, aims or qualities that characterize or mark a profession or professional person; it implies quality of workmanship or service. ⚫ Every organization knows that a professional reputation is the difference between success and failure and they seek to keep their most professional staff. PROFESSIONAL CONDUCT IN THE WORKPLACE ⚫ Professional behavior is a form of etiquette in the workplace, that is linked primarily to respectful and courteous conduct. ⚫ Being conscious of how you treat co-workers and clients, and ensuring a positive workplace attitude can help you to improve your productivity and effectiveness in the workplace. 10 GOLDEN RULES TO BEING PROFESSIONAL IN SERVICE TO ORGANIZATION 1. Always strive for excellence 2. Be trustworthy 3. Be accountable 4. Be courteous and respectful 5. Be honest, open and transparent 6. Be competent and improve continually 7. Always be ethical 8. Always be honorable and act with integrity 9. Be respectful of confidentiality 10. Set good examples PROFESSIONAL ETHICS – the ethics that a person identifies with in respect to people and situations that they deal with in everyday life. WAYS TO UPHOLD PROFESSIONALISM AND WORKPLACE ETIQUETTE ⚫ Honor your commitments and get your job done. ⚫ Be on time for work and any meetings/events. ⚫ Pay attention to cultural norms and follow them. ⚫ Check your communication. ⚫ Keep personal business during work time to a minimum. ⚫ Bring a notepad and pen or pencil to every meeting. ⚫ Think before you post, tweet or comment at work or about work. ⚫ Avoid office politics and gossip. ETHICAL STANDARDS ⚫ establish the parameters of behavior that owners and top executives expect from employees and also from suppliers, at least to the extent of their relationship with the organization. ⚫ mostly done through behavior-modeling, which means that top executives should set the example of how lower- level employees should act. LEGAL ETHICAL STANDARDS – company policies put in place that are based on laws, rules and regulations that come from government or regulatory bodies.
  • 5. 5 j9p_16 MORALLY-BASED ETHICAL STANDARDS ⚫ a company standard for doing the right thing. This standard could be regarding laws, regulations or customer service and human resource standards. ⚫ When it comes to law falling into morally based standards, the company has decided to exceed the law. 3 LEVELS OF CLASSIFICATION OF ETHICAL STANDARDS 1. MACRO LEVEL – sometimes called the systematic level, ethics are defined and influenced by the wider operating environment in which the company exists. Factors such as political pressures, economic conditions, societal attitudes to certain businesses, and even business regulation can influence a company’s operating standards and policies. 2. COMPANY/CORPORATE LEVEL – ethical standards are embedded in the policies and procedures of the organization, and form an important foundation on which business strategy is built. 3. INDIVIDUAL LEVEL – individuals may well have a very different set of ethical standards from their employer and this can lead to tensions. LAWRENCE KOHLBERG’S MORAL DEVELOPMENT ⚫ LEVEL 1: PRE-CONVENTIONAL ◼ Throughout the pre-conventional level, a child’s sense of morality is externally controlled. Children accept and believe the rules of authority figures, such as parents and teachers. ◆ STAGE 1: Obedience and Punishment Orientation – focuses on the child’s desire to obey rules and avoid being punished. ◆ STAGE 2: Instrumental Orientation – expresses the “what’s in it for me?” position, in which right behavior is defined by whatever the individual believes to be in their best interest. ⚫ LEVEL 2: CONVENTIONAL ◼ Throughout the conventional level, a child’s sense of morality is tied to personal and societal relationships. ◆ STAGE 3: Good boy, Nice Girl Orientation – children want approval of others and act in ways to avoid disapproval. Emphasis is placed on good behavior and people being nice to others. ◆ STAGE 4: Law and Order Orientation – the child blindly accepts rules and convention because of their importance in maintaining a functioning society. Rules are seen as being the same for everyone, and obeying rules by doing what one is supposed to do is seen as valuable and important. ⚫ LEVEL 3: POST-CONVENTIONAL ◼ Throughout the post conventional level, a person’s sense of morality is defined in terms of more abstract principles and values. People now believe that some laws are unjust and should be eliminated. ◆ STAGE 5: Social-Contract Orientation – the world is viewed as holding different opinions, rights, and values. such perspective should be mutually respected as unique to each person or community. ◆ STAGE 6: Universal-Ethical-Principal Orientation – moral reasoning is based on abstract reasoning using universal ethical principles. The chosen principle focuses on equality, dignity or respect. COMPANY BEHAVIOR POLICIES All companies specify what is acceptable behavior and what is not, when hiring an employee. Many even summarize expected conduct in job descriptions or during the interview process. 1. The importance of integrity 2. Professional Accountability 3. Being a part of a team 4. Dedication and Commitment 5. Meetings 6. Communication 7. Time Management 8. Employee Safety WHISTLE BLOWER PROTECTION ⚫ provides safeguards against retaliation for those who report suspected legal or ethical violations. ⚫ A whistleblower tells the public or authorities about alleged misconduct occurring in a government department, private company, or organization. JUSTICE ⚫ JUSTICE AS PROCESS – justice prevails when people under similar circumstances are treated in an equal and fair manner before the law. ⚫ JUSTICE AS SUBSTANCE – justice prevails when people receive from the law what they deserve to receive. THE NEED FOR POLICE TO STUDY ETHICS ⚫ Limited Academic Training in Ethics ⚫ The intellectual capabilities of today’s Officers POLICE PROFESSIONALISM ⚫ The 1st era in the history of policing was introduced by Sir Robert Peel, an English statesman, with the establishment of the Metropolitan Police of London in 1829. The members of the Metropolitan Police were regarded as professional because they were hired, trained and paid to do the job on a fulltime basis. These people replaced a semi-voluntary system of night watchmen. This is referred to as “Political Era” which was followed by the Reform Era between 1910 and 1950. ⚫ During the Reform Era strict controls were placed on police officers and police organizations in order to fight the corruption and incompetence of police officers. Chains of command were tightened, uniforms and a more military look were harnessed and Internal Affairs were created to investigate accusation of police misconduct. The police academy was invented, and training was taken seriously for professionalizing the police. PROFESSIONAL ⚫ A professional is anyone who does a job for pay (a professional athlete as compared to an amateur) ⚫ A professional is anyone who looks clean cut, disciplined, and a polished when on the job (a military standard) ⚫ A professional is anyone who develops and uses a special skill at work (a carpenter or a plumber)
  • 6. 6 j9p_16 ⚫ A professional is anyone who possess an academic experience and possess a body of knowledge that is unknown to lay people (a physician, lawyer, engineer, or teacher) PROFESSIONALS MUST POSSESS ⚫ KNOWLEDGE – a systematically organized body of knowledge that lay people (non-professionals) do not understand. ⚫ EDUCATION – an academic experience that involves studying and learning. This systematically organized body of knowledge within a wider conceptual framework. ⚫ REGULATION – self regulation, standards of education and licensing that are set by member of the profession themselves, normally controlled by professional organizations such as PCAP. ⚫ DISCIPLINE – self policing, investigation and disciplining of members accused of misconduct by their peer professionals. ⚫ PROBLEM SOLVING – done in a collegial manner; all licensed members of the profession are co-equal partner in problem-solving- using their expertise and insight to solve problems together. THE PROFESSIONAL OFFICER POSSESSES (WILLIAM K. MUIR) ⚫ PASSION – the understanding that resorting to violence or threats is ethically acceptable if and only if is done in the interest of justice and in accordance with the welfare of the community; that no guilt need be associated with the pain or unpleasantness of using force. ⚫ PERSPECTIVE – the development of an inner understanding of the motives of the people, a sense of life’s causes and effects, and a knowledge of the tragedy of life. PROFESSIONAL CODE OF ETHICS SOME IMPORTANT STEPS TO FOLLOW: ⚫ Get started on your code of ethical conduct ⚫ Conduct initial research ⚫ Secure commitment ⚫ Focus in your organization ⚫ Consider a social audit ⚫ Assemble high-priority ethical values ⚫ Compose and circulate a draft code ⚫ Adopt the final code ⚫ Institute a procedure for dealing with issues ⚫ Review bi-annually CODE OF CONDUCT & ETHICAL STANDARDS FOR PUBLIC OFFICIALS & EMPLOYEES 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. ⚫ 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. ⚫ LOAN – covers both simple loan and commodatum as well as guarantees, financing arrangements or accommodations intended to ensure its approval. ⚫ SUBSTANTIAL STOCKHOLDER – any person who owns, directly or indirectly, shares of stock sufficient to elect a director for corporation. ⚫ FAMILY OF PUBLIC OFFICIALS – their spouses and unmarried children under eighteen years of age. ⚫ PERSON – includes natural and juridical persons unless the context indicates otherwise. ⚫ 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. ⚫ 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. ⚫ DIVESTMENT – 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. NORMS OF CONDUCT OF PUBLIC OFFICIALS AND EMPLOYEES A. Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties. 1. Commitment to Public Interest 2. Professionalism 3. Justness and Sincerity 4. Political Neutrality 5. Responsiveness to the public 6. Nationalism and Patriotism 7. Commitment to Democracy 8. Simple living
  • 7. 7 j9p_16 B. The Civil Service Commission shall adopt positive measures to promote. 1. Observance of these standards including the dissemination of information programs and workshops authorizing merit increases beyond regular progression steps, to a limited number of employees recognized by their office colleagues to be outstanding in their observance of ethical standards. 2. Continuing research and experimentation on measures which provide positive motivation to public officials and employees in raising the general level of observance of these standards. DUTIES OF PUBLIC OFFICIALS & EMPLOYEES ⚫ Act promptly on letters and request. ⚫ Submit annual performance reports. ⚫ Process documents and papers expeditiously. ⚫ Act immediately on the public’s personal transactions. ⚫ Make documents accessible to the public. PROHIBITED ACTS & TRANSACTIONS ⚫ Financial and material interest ⚫ Outside employment and other activities related thereto ⚫ Disclosure or misuse of confidential information ⚫ Solicitation or acceptance of gifts ROBERT PEEL’S 9 PRINCIPLES OF POLICING 1. The basic mission for which the police exist is to prevent crime and disorder. 2. The ability of the police to perform their duties is dependent upon public approval of police actions. 3. Police must secure the willing cooperation of the public in voluntary observance of the law to be able to secure and maintain the respect of the public. 4. The degree of cooperation of the public that can be secured diminishes proportionally to the necessity of the use of force. 5. Police seek and preserve public favor not by catering to public opinion but by constantly demonstrating absolute impartial service to the law. 6. Police use physical force to the extent necessary to secure observance of the law or to restore order only when the expertise of persuasion, advice and warning is found to be insufficient. 7. Police at all time should maintain a relationship with the public that gives reality to the historic tradition; the police are public and the public are the police. The police being only full-time individuals charged with the duties that are incumbent on all of the citizens. 8. Police should always direct their actions strictly towards their functions and never appear to usurp the powers of the judiciary. 9. The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it. LAW ENFORCEMENT CODE OF ETHICS “As 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. 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 and develop self-restrain. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept secret unless revelation is necessary in the performance of my duty. I will never permit personal feelings, prejudice, animosities or friendships to influence my decisions. I will never act officiously. With no compromise for crime and with relentless prosecution of criminals I will enforce the law courteously and appropriately without fear or favor, malice or ill will. I will never employ unnecessary force or violence. I will never accept 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 ethics of police service. I will constantly strive to achieve these objectives and ideals dedicating myself before god to my chosen profession…… Law Enforcement.” 2 MAJOR PURPOSES OF CODE OF ETHICS 1. They provide moral guidelines for practitioners of criminal justice. 2. Codes of Ethics define professional behavior in the workplace. CANONS OF POLICE ETHICS ⚫ PRIMORDIAL POLICE RESPONSIBILITY ◼ primordial – primary ◼ the primary responsibility of the police is CRIME PREVENTION ⚫ LIMITATION OF POLICE AUTHORITY ◼ laws set limits to the authority of the police in the performance of their functions. ◼ police officers are not exempted from obeying the law they are enforcing. ⚫ KNOWLEDGE OF THE LAW AND OTHER RESPONSIBILITIES ◼ police officers must know and understand the laws they are enforcing. ◼ police officers must know the relationship of the PNP with other law enforcement agencies. ⚫ USE OF PROPER MEANS TO OBTAIN PROPER ENDS ◼ Means - ways; manner ◼ Ends - goals; objectives ◼ police officers must use lawful methods in performing their official duties and functions. ⚫ COOPERATION WITH PUBLIC OFFICIALS
  • 8. 8 j9p_16 ⚫ PROPER CONDUCT AND BEHAVIOR ◼ police officers must be careful with what they say and what they do at all times, whether in their personal lives or official capacity. ⚫ CONDUCT TOWARDS THE COMMUNITY ⚫ CONDUCT IN ARRESTING LAW VIOLATORS ◼ police officers must always abide by the rules and prescribed procedures in making lawful arrests. ⚫ FIRMNESS IN REFUSING GIFTS OR FAVOR ◼ police officers must NEVER ASK for, and NEVER ACCEPT, gifts or favors in exchange for their help or assistance to avoid misinterpretation. ⚫ IMPARTIAL PRESENTATION OF EVIDENCE ◼ impartial – fair ◼ police officers must present all evidence, whether the evidence proves the innocence or guilt of the suspect. ⚫ ATTITUDE TOWARDS POLICE PROFESSION ◼ police officers must have a high regard and respect for the police profession. ◼ police officers must strive to improve their knowledge and skill in order to serve the community the best possible way they can. PROFESSIONAL POLICE PRINCIPLES ⚫ PREVENTION OF CRIME AND DISORDER ◼ the primordial responsibility of the police. ◼ the primary objective of the police organization. ⚫ COOPERATION OF THE COMMUNITY ◼ the ability of the police to perform their duty is dependent upon community support. ◼ the police must secure the respect and trust of the community in order to gain their support. ⚫ UNREASONABLE FORCE REDUCES COMMUNITY COOPERATION ◼ police officers must not abuse their authority because it affects the attitude and opinions of the community towards them, which in turn affects their desire to cooperate. ⚫ USE OF REASONABLE FORCE WHEN PERSUASION IS NOT SUFFICIENT ◼ police officers are allowed to use force when dialogue is no longer effective, but the kind or degree of force must be REASONABLE. ⚫ IMPARTIAL ENFORCEMENT OF LAWS ◼ police officers must enforce the law equally to all persons, without regard to social status. ◼ the law should apply to all. ⚫ THE COMMUNITY ARE THE POLICE ⚫ POLICE SHOULD NOT USURP JUDICIAL POWER ◼ USURP – take on; assume ◼ JUDICIAL POWER – the authority to judge and impose penalty. ◼ police officers have no authority to decide if the suspect is guilty or not, and cannot impose the penalty that they want. ⚫ RULES OF ENGAGEMENT IMPARTIALLY OBSERVED ◼ police officers must always abide by the prescribed procedures in conducting police operations. ⚫ REDUCTION OF CRIME AND DISORDER ◼ the test of police efficiency is the reduction of crime and disorder until totally eradicated, not by evidence of police presence and action in dealing with the community. ⚫ 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. • police officers must NEVER ABUSE POLICE DISCRETION granted to them. THE PNP CODE OF ETHICS, PROFESSIONAL CONDUCT & ETHICAL STANDARDS DEFINITION OF TERMS ⚫ NEGLECT OF DUTY/ NONFEASANCE – the omission or refusal, without sufficient excuse, to perform an act or duty. ⚫ IRREGULARITIES IN THE PERFORMANCE OF DUTY/ MISFEASANCE – the improper performance of some act which might be lawfully done. ⚫ MISCONDUCT/MALFEASANCE – the doing, either through ignorance, inattention or malice, of that which the officer had no legal right to do all, as where he acts without any authority whatsoever, or exceeds, ignores or abuses his powers. ⚫ INCOMPETENCY – the manifest lack of adequate ability and fitness for the satisfactory performance of police duties. ⚫ OPPRESSION – an act of cruelty, severity, unlawful execution, domination or excessive use of authority. ⚫ DISHONESTY – the concealment or distortion of truth in a matter of fact relevant of 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. ⚫ VIOLATION OF LAW – presupposes conviction in court of any crime of offense penalized under Revised Penal Code. THE 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.” ⚫ “I believe that respect for authority is a duty.” ⚫ “I believe in selfless love and service to people.” ⚫ “I believe in the sanctity of marriage and the respect for women.” ⚫ “I believe in the responsible dominion and stewardship over material things.” ⚫ “I believe in the wisdom of truthfulness.”
  • 9. 9 j9p_16 PNP CORE VALUES ⚫ Love of God ⚫ Respect for Authority ⚫ Selfless Love and Service to People ⚫ Sanctity of Marriage and Respect for Women ⚫ Responsible Dominion and Stewardship over Material Things ⚫ Truthfulness PNP STAND ON BASIC ISSUES ⚫ PNP IMAGE – PNP members shall possess the following virtues: ◼ HONOR ◼ INTEGRITY ◼ VALOR ◼ JUSTICE ◼ HONESTY ◼ HUMILITY ◼ CHARITY ◼ LOYALTY TO SERVICE ⚫ CAREER MANAGEMENT: THE KEY IN PROFESSIONALISM ◼ the PNP recognizes the need to have proper and strict policies regarding recruitment, training, assignment, promotion, awards, discipline and retirement to ensure sound administration and to look after the welfare of its members. There should be a strict adherence of policies and implementation of human resources development system. ⚫ 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. ⚫ DELICADEZA ◼ sense of pride and self-worth. ◼ police officers must be able to sacrifice self-interest in the name of duty. ◼ police officers must not do anything that would bring dishonor to himself and to the PNP organization itself. ⚫ EQUALITY IN THE SERVICE ◼ all police officers shall have equal opportunities for improvement and career advancement based on merit. ◼ there should be a judicious equitable distribution of opportunities to prove one’s worth in the police service as in the giving of assignment, training, promotions, and awarding of achievements to avoid an atmosphere of demoralization. ⚫ POLICE LIFESTYLE ◼ police officers must live a simple, yet credible and dignified life, free from greed, corruption and exploitation. ◼ police officers must set a good example. ⚫ POLICE PATRONAGE ◼ police officers must never ask for recommendations from public officials in matters pertaining to promotion, assignment, awards and others. ⚫ HUMAN RIGHTS ◼ police officers must respect and protect human dignity and man’s inalienable right to life, liberty and property. ⚫ SETTING EXAMPLE POLICE PROFESSIONAL CONDUCT ⚫ COMMITMENT TO DEMOCRACY ◼ police officers must never forget that they are public servants and they must at all times uphold the Constitution and be loyal to the country, the people and the PNP organization. ◼ they shall commit themselves to the democratic way of life and values and maintain the principle of public accountability. ⚫ COMMITMENT TO PUBLIC INTEREST ◼ Public Interest – for the good of the people or community. ◼ police officers must always uphold public interest over and above personal interests. ◼ police officers must respect the fact that their resources are funded by taxpayers’ money and should therefore be used wisely and economically to avoid wastage of public funds. ⚫ NON-PARTISANSHIP ◼ police officers must not be identified with any particular political party or figure. ◼ they must extend their assistance to all regardless of party affiliation. ◼ they shall provide services to everyone without discrimination. ⚫ PHYSICAL FITNESS AND HEALTH ◼ police officers shall strive to be mentally fit and in good health at all times. ⚫ SECRECY DISCIPLINE ◼ police officers must guard the confidentiality of all official information and all matters relating to the official function of the police organization. ◼ disclosure must always be authorized. ⚫ SOCIAL AWARENESS ◼ police officers and their immediate family members shall be encouraged to actively get involved in religious, social and civic activities without affecting their official duties. ⚫ PROPER CARE AND USE OF PUBLIC PROPERTY ◼ police officers shall promote and maintain a sense of responsibility in the protection, proper care and judicious disposition and use of property entrusted to their care and custody. ⚫ NON-SOLICITATION PATRONAGE ◼ shall seek self-improvement through career development and shall not directly or indirectly solicit influence or recommendation from politicians, high ranking government officials, and prominent citizens, persons affiliated with civic or religious organizations with regards to their assignment, promotions and transfer nor shall they initiate any petition to be prepared and presented by citizens in their behalf. ⚫ RESPECT FOR HUMAN RIGHTS ◼ police officers shall respect and protect human dignity and uphold human rights of all persons. ⚫ DEVOTION TO DUTY ◼ police officers must perform their duties with dedication, thoroughness, efficiency, enthusiasm, determination and manifest concern for public welfare.
  • 10. 10 j9p_16 ⚫ CONSERVATION OF NATURAL RESOURCES ◼ police officers shall help in the development and conservation of our natural resources for ecological balance and posterity. ⚫ DISCIPLINE ◼ police officers must act and behave according to the rules and regulations of the organization at all times. ⚫ LOYALTY ◼ police officers must be loyal to the Constitution and to the police service, as manifested by their loyalty to their superiors, peers and subordinates. ⚫ OBEDIENCE TO SUPERIOR ◼ police officers must obey lawful orders of their superiors. ◼ police officers must always be courteous to superiors and other appropriate authorities within the chain of command. ⚫ COMMAND RESPONSIBILITY ◼ police officers shall be responsible for the effective supervision, control and direction of their personnel. POLICE CUSTOMS AND TRADITIONS DEFINITION OF TERMS ⚫ CUSTOMS ◼ rules of conduct formed by repetition of acts, uniformly practiced as social rules. ◼ established usages or social practices carried on by tradition that have obtained the force of law. ⚫ TRADITIONS – bodies of beliefs, stories, customs and usages handed down from generation to generation with the effect of an unwritten law. ⚫ COURTESY – a manifestation or expression of consideration and respect for others. ⚫ CEREMONY – a formal act or set of formal acts established by customs or authority as proper to special occasion. ⚫ SOCIAL DECORUM – a set of norms and standards practiced by members during social and other functions. POLICE CUSTOMS ⚫ POLICE CUSTOMS ON COURTESY ◼ SALUTE – the usual greeting rendered by uniformed members in recognizing persons entitled to a salute. ◼ SALUTE TO NATIONAL COLORS AND STANDARDS - members stand at attention and salute the national color and standard as it passed by them or when the national color is raised or lowered during ceremonies. ◼ ADDRESS/TITLE – junior in rank address senior members who are entitled to salute with the word "Sir" or Ma’am. All Police Commissioned Officers shall be addressed sir or ma’am by Police Non- Commissioned Officers and Non-Uniformed Personnel. ◼ COURTESY CALLS ◆ Courtesy Call of Newly Assigned/Appointed Member - PNP members who are newly appointed or assigned in a unit or command call on the chief of the unit or command and other key personnel as a matter of courtesy, as well as for accounting, orientation and other purposes. ◆ Promotion Call – newly-promoted PNP members call on their unit head. On this occasion, they are usually given due recognition and congratulations by their peers for such deserved accomplishment. ◆ Exit Call – PNP members pays an Exit Call on their superiors in the unit or command when relieved or reassigned out of the said unit or command. ◼ COURTESY OF THE POST – the host unit extends hospitality to visiting personnel who pay respect to the command or unit. ◼ RANK HAS ITS OWN PRIVILEGE (RHIP) – PNP members recognize the practice that different ranks carry with them corresponding privileges. ⚫ POLICE CUSTOMS ON CEREMONIES ◼ FLAG RAISING CEREMONY – PNP members honor the flag by hoisting it and singing the National Anthem before the start of the official day's work. ◼ FLAG RETREAT CEREMONY – at the end of the official days' work, the PNP members pause for a moment to salute the lowering of the flag. ◼ HALF-MAST – the flag is raised at half-mast in deference to deceased uniformed members of the command. ◼ FUNERAL SERVICE AND HONORS – departed uniformed members, retirees, war veterans or former PC/INP members are given vigil, necrological services and graveside honors as a gesture of farewell. ◼ HONOR CEREMONY – arrival and departure honor ceremonies are rendered to visiting dignitaries, VIPs, PNP Officers with the grade of Police Brigadier General and above and AFP officers of equivalent grade, unless waived. ◼ CEREMONY TENDERED TO RETIREES – in recognition of their long faithful and honorable service to the PNP, a testimonial activity is tendered in their honor. ◼ TURN-OVER CEREMONY – the relinquishment and assumption of command or key position is publicly announced in a Turn-Over Ceremony by the out-going and in-coming officers in the presence of the immediate superior or his representative. Outgoing Commander/Director should not leave his post without proper turnover of properties/equipment, human and material resources. ◼ WEDDING CEREMONY – during marriage of PNP members, a ceremony is conducted with participants in uniform and swords drawn. ◼ ANNIVERSARY – the birth or institutional establishment of a command or unit is commemorated in an Anniversary Ceremony. ⚫ POLICE CUSTOMS ON SOCIAL DECORUM ◼ PROPER ATTIRE – PNP members always wear appropriate and proper attire in conformity with the occasion. ◼ TABLE MANNERS – PNP members observe table etiquette at all times. ◼ SOCIAL GRACES – PNP members conduct themselves properly in dealing with people during social functions. ◼ UNIFORM/APPEARANCE – the public looks upon a PNP member as distinctively a man among men. They are best exemplified by those who are neat in appearance and wearing the prescribed uniform. ◼ MANNER OF WALKING – every PNP member is expected to walk with pride and dignity.
  • 11. 11 j9p_16 ⚫ OTHER POLICE CUSTOMS ◼ VISITING THE SICK – immediate commanders or other available officers of the unit visit PNP members who are sick in the hospital, their residence or any place of confinement in order that their needs are attended to. ◼ SURVIVOR ASSISTANCE TO HEIRS OF DECEASED MEMBERS – a survivor officer is designated whenever PNP members die, to render maximum assistance to their legitimate bereaved family until all benefits due shall have been received. ◼ VISITING THE RELIGIOUS LEADERS – PNP Officers visit religious leaders in their area of assignment to establish or maintain rapport and cooperation between the difference religious leaders and the PNP. ◼ ATHLETICS – PNP members indulge in physical fitness activities to ensure that their proper physical appearance and bearing are maintained with the waist line measurement always smaller than size of his chest and in conformity with the standard set forth by the organization. ◼ HAPPY HOURS – usually on Friday or any other day suitable for the occasion, PNP members gather together at their PNP club for a light-hearted jesting or airing of minor gripes. CHALLENGES TO POLICE ETHICAL BEHAVIOR DEFINITION OF TERMS ⚫ DEVIANCE – behavior inconsistent with the police culture’s norms. ⚫ CORRUPTION – immoral, habitual behavior involving misuse of office for self-interest. ⚫ FAVORITISM – unfair or unjust acts usually given to friends or relatives. ⚫ MISCONDUCT – wrongful violations of a police department’s rules, policies, and procedures. DEVIANT BEHAVIORS ⚫ BRUTALITY – the infliction of physical harm. It is often a product of immaturity. Institutionalized brutality is a by-product of poor training, peer support and lax/incompetent supervision. ⚫ ABUSE OF AUTHORITY ⚫ LYING ◼ Falsifying Reports ◼ Falsifying Evidence ◼ Cover-up ◼ Lying in Court ⚫ SEXUAL MISCONDUCT ⚫ EXTORTION ⚫ SEXUAL LIAISONS ⚫ THEFT ⚫ BRIBERY ⚫ ALCOHOL/DRUG ABUSE ⚫ DELIBERATE INEFFICIENCY ⚫ CORRUPTION – the misuse of police authority for personal gain. The term police corruption is often used in reference to all kind of wrongful police conduct, including police brutality or excessive use of force, racial discrimination and perjury. TYPE OF POLICE DEVIANCE ⚫ POLICE GRATUITY ◼ A GRATUITY is the receipt of free meals, services, or discounts. These are considered fringe benefits of the job. Nevertheless, they violate the code of ethics because they involve financial reward/gain and they are corruption because the officer has been placed in a compromising position. ◼ When the officer is quite blatant about demanding free services, it is called CHISELING. ⚫ POLICE PERJURY – a means to effect an act of corruption, leaving out certain, pertinent pieces of information in order to fix a criminal prosecution. Dropsy evidence is typical,where the officer testifies untruthfully that he/she saw the offender drop some narcotics or contraband. ⚫ POLICE BRUTALITY – excessive force, name calling, sarcasm, ridicule and disrespect. ⚫ POLICE PROFANITY ◼ there are many reasons why a police officer would use obscene and profane language. ◼ words having religious connotations (hell, goddamn) – least offensive ◼ words indicating excretory functions (shit) ◼ words connected with sexual functions (fuck) – most offensive ⚫ SEX ON DUTY OR DUTY-RELATED – contacts with promiscuous females and minimal supervision and part of the job. ◼ Traffic Stops – to get a closer look at the female or information about her. ◼ Fox Hunting – stopping college girls to get the “I’ll do anything” routine. ◼ Voyeurism – window peeping. ◼ Victim Re-contacts – consoling victims who have psychological needs. ◼ Opposite Sex Strip Searches – touching or sex with jail inmates. ◼ Sexual Shakedowns – letting prostitutes go if they perform sex acts. ⚫ SLEEPING ON DUTY – on the night shift, the police car is sometimes referred to as the travelling bedroom. In police argot, a hole or coop is where sleeping takes place, typically the backroom of someplace the officer has a key to and can engage in safe cooping. ⚫ DRINKING AND ABUSING DRUGS ON OR OFF DUTY – there are endless opportunities to drink or take drugs while on duty and the reasons for it are many: to get high, addiction, stress, burnout, or alienation from the job. ⚫ MISUSE OF CONFIDENTIAL INFORMATION – normally involves the jeopardization of ongoing investigations by leaking information to friends, relatives, the public, the press or in some cases, directly to the criminal suspects or members of the gang. POLICE CORRUPTION ⚫ NEGOTIABLE GRAFT – the mutual bargaining behavior engaged in between officers and criminals. ⚫ EXTORTION – the practice of solicitation of money or favors by officers in return for ignoring violations of law. ⚫ ACCEPTANCE OF PETTY BRIBES – happens most of the time in the roads. ⚫ TAKING KICKBACKS AND SIMILAR REWARDS – the money or something of value given to the officer by a “business” in exchange for consideration. ⚫ OPPORTUNISTIC THEFT – a theft that arises naturally out of the performance of an officer’s routine duties.
  • 12. 12 j9p_16 ⚫ TAKING BRIBES FROM OTHER OFFICERS – the falsification of attendance records, influence vacations and day offs, and reports them present even if they are not. CLASSIFICATION OF CORRUPT POLICE OFFICERS ⚫ MEAT EATERS/“carnivorous cops” – those who actively and aggressively seek personal gain through position or power. ⚫ GRASS EATERS/“vegetarian cop” – those who passively accept gifts and bribes as they come along. ⚫ STRAIGHT SHOOTERS – honest policemen who are ready to cover and conceal corrupt practices of the police department as part of camaraderie and the unwritten code of silence. The OPPOSITE of these corrupt police officers is: • WHITE KNIGHTS OR EAGLES – policemen with integrity and honest and straight forward. Mostly idealistic they rise above corruption and confront it. ADMIN OFFENSES ⚫ NEGLECT OF DUTY/NON-FEASANCE ⚫ IRREGULARITIES IN THE PERFORMANCE OF DUTY/ MISFEASANCE ⚫ MISCONDUCT/MALFEASANCE ⚫ INCOMPETENCY – ignorance or material lack of adequate ability and fitness for the satisfactory performance of police duties; has reference to any physical, psychological, moral or intellectual quality, the lack of which substantially incapacitates one to perform duties. ⚫ OPRESSION – an act of cruelty, severity, unlawful exaction, domination, or excessive use of authority; the exercise of unlawful powers or other means, in depriving an individual of his property or liberty against his will. ⚫ 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, through overt and covert acts.