CRIM 4: PROFESSIONAL CONDUCT AND ETHICAL STANDARDS

MODULE ONE - GENERAL and SPECIAL ETHICS

ETHICS
- the science of the morality of human acts
- the study of the human motivation, and ultimately of human rational behavior
- derived from the Greek word, ethos, which means characteristic way of acting
and ethikos, which means customary

MORALITY
- the quality which makes an act good or bad, good or evil, right or wrong

MORAL DISTINCTIONS
1) moral - good, right
2) immoral - bad, wrong
3) amoral - neither good nor bad

HUMAN ACTS
- acts that are done knowingly, deliberately and freely

ELEMENTS OF HUMAN ACTS

1) KNOWINGLY
- when the person fully understands what he is doing and has the ability to
appreciate the consequences of his actions
2) DELIBERATELY
- when the person did his actions intentionally
3) FREELY
- when the person performed his actions voluntarily

TWO DIVISIONS OF ETHICS

1) GENERAL ETHICS
- the study of the general principles of morality
2) SPECIAL ETHICS
- the study of the application of the general principles of morality; included in this
division is the category of professional ethics

PROFESSIONAL ETHICS

- a set of moral code to which every profession must subscribe

- guides the professional where the law is silent or inadequate

POLICE ETHICS
 - an example of professional ethics
- a practical science that treats the principle of human morality and duty as applied
to law enforcement

VALUES
- anything that a person considers important in life, such as material things,
ideas and experiences

KINDS OF VALUES

1) BIOLOGICAL VALUES
- those that are necessary for survival, such as food, shelter, clothing, sex, water,
sleep
- include the physiological needs of man as man
2) PSYCHOLOGICAL VALUES
- those are that are necessary for emotional fulfillment of man, such as
relationships, companionship, family, friendships, love
3) INTELLECTUAL VALUES
- those that are necessary for the intellectual fulfillment of man, such as
achievements, career, success
4) MORAL VALUES
- those that are necessary for the spiritual fulfillment of man

VIRTUE
- a habit that inclines the person to act in a way that harmonizes with his nature
- the habit of doing good
- the opposite is vice, the habit of doing bad
-
FOUR MORAL/CARDINAL VIRTUES

1) PRUDENCE
- the ability to govern and discipline oneself by means of reason and sound
judgment
- the virtue that attracts the intellect to choose the most effective means for
accomplishing what is morally good and avoiding what is evil

2) TEMPERANCE
 - one’s ability to moderate or avoid something
- the virtue that regulates the carnal appetite for sensual pleasures
3) FORTITUDE
- firmness of mind
- the courage to endure without yielding
- the virtue that incites courage

a) PATIENCE – calmness and composure in enduring situations

b) PERSEVERANCE – the ability to go on despite the obstacles
c) ENDURANCE – the ability to last

4) JUSTICE
- the virtue that inclines the will to give to each one of his rights

THREE DIVISIONS OF JUSTICE

1) COMMUTATIVE
- virtue that regulates those actions that involve the rights that exist between one
and another
2) DISTRIBUTIVE
- Regulates those actions that involve the rights than an individual may claim from
society
3) LEGAL
- virtue that regulates those actions which society may justly require of the
individual for the common good

RIGHT
- anything that is owed or due
- something to which a person has a just and lawful claim
- anything that a person can lawfully demand

HUMAN RIGHTS
- rights pertaining to the rights of man
- rights inherent to man by virtue of being a human being
- are the supreme, inherent and inalienable rights to life, dignity and to self-
development

supreme rights = highest form of rights

inherent rights = rights attached to men as human
inalienable rights = rights that cannot be transferred, cannot be borrowed and
cannot be taken away

BASIC HUMAN RIGHTS

1) RIGHT TO LIFE
Exceptions:
 self-defense
death under exceptional circumstances
death penalty

2) RIGHT TO LIBERTY
Exceptions:
for reasons of public health and public safety
penalty for commission of a crime
circumstances of warrantless arrests

3) RIGHT TO PROPERTY
Exceptions:
circumstances of warrantless search
by virtue of court order

BILL OF RIGHTS
- a list of individual liberties, freedom and rights which are guaranteed and protected
under Article III of the 1987 Philippine Constitution
- protection of individuals against abuses of the state
- protection of the rights of an accused

DUTY
- anything we are obliged to do or to omit
- a moral obligation incumbent upon a person of doing, omitting or avoiding
- for every right, there is a corresponding duty

PART TWO - THE PHILIPPINE NATIONAL POLICE CODE OF PROFESSIONAL

CONDUCT AND ETHICAL STANDARDS

BACKGROUND ON THE PNP CODE OF PROFESSIONAL CONDUCT AND

ETHICAL STANDARDS

SECTION 37, RA 6975

“There shall be established a performance evaluation system which shall be
administered in accordance with the rules, regulations and standards, and A CODE OF
CONDUCT promulgated by the Commission for members of the PNP…”

NAPOLCOM RESOLUTION NO 92-4

- resolution issued by the NAPOLCOM approving the draft of the Philippine
National Police Code of Professional Conduct and Ethical Standards by the PNP
- approved on 12 March 1992

PURPOSES OF THE CODE

 1) To foster individual efficiency, behavioral discipline and organizational
effectiveness, as well as respect for constitutional and human rights of citizens,
democratic principles and ideals and the supremacy of civilian authority over the
military;
2) To set the moral tone and norms of professional conduct in the police service;
3) To provide moral and ethical guidance to all PNP members; and
4) To enlighten members of the police service of what behavior is really acceptable
– to define what is permitted and what is prohibited.

LAWS RELATED TO THE PNP CODE

1) RA 3019 – Anti-Graft and Corruption Practices Act
2) RA 6713 – Code of Conduct and Ethical Standards for Public Officials and
Employees
3) RA 7080 – Anti-Plunder Act
4) RA 9485 – the Anti-Red Tape Act of 2007
5) PLEB Rules and Regulations

IMPORTANT TERMS

NON-FEASANCE
- the failure to perform an act or duty that is part of one’s obligation without
sufficient excuse

MALFEASANCE
- the commission of an act that one is prohibited to do

MISFEASANCE
- the improper or incorrect performance of an act that should be done or performed

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

DISLOYALTY TO THE GOVERNMENT

- abandonment or renunciation of one’s loyalty to the government of the
Philippines
- advocating to overthrow the present administration

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