Crim 04 Chapter 04.
Crim 04 Chapter 04.
Introduction It can be said that in our system of criminal justice, the initial decision
makers are the police. In addition to being the enforcers of the law, they
It could be said that police work touches more lives than any other have the power to define what constitutes lawbreaking. In short, police
profession, whether directly or indirectly. Indeed, it remains the officers have a lot of discretionary powers, For example, they often have
cornerstone of virtually all government functions. With almost a century of the choice to arrest or not to arrest or to mediate or to charge.
formalized policing in Philippine history, police work is one of the least Furthermore, they possess the power to decide whether or not to use
understood professions in the country. The mystique and deadly force, giving them the power of life and death in some
misunderstanding surrounding the police generate a certain amount of circumstances. No other public figure possesses greater authority over the
controversy, hostility, and resentment towards them. The police view personal destiny of people. A police officer, may act as prosecutor, judge,
themselves as society's protectors: dedicated professionals who risk their and executioner. In many day-to-day in one split second, decisions, police
lives, sacrifice time with their families, work nights and weekends, all out of hold a great deal of decision-making power over people's lives, because of
a sense of devotion to the profession and service to the community. At the their authority to enforce the law.
same time, they are often maligned by the public, criticized by the courts,
and scrutinized by the media. Without an ethical perspective, a police officer becomes a tyrant
This complicated relationship between the police and society at large is The tendency to abuse his power over citizens increases exponentially the
one of the major causes why the Philippine National Police is having a weaker his moral foundations become. It has well- documented throughout
hard time formulating and maintaining a values-based agency consisting the history of the world that power corrupts, and that absolute power
of an ethical workforce and responsible supervisors who strictly adhere to corrupts absolutely. It is the absence of this ethical perspective which has
the norms and standards set by society. Other issues also arise that make been deemed as the primary reason why cases of police misconduct are
the maintenance of ethical police officers a difficult task. Poor labor still occurring in the PNP.
conditions, political meddling all these factors contribute to the gradual
deterioration of the values PNP personnel hold dear. Further, agencies like Only a strong moral base will provide officer protection from the inherent
the PNP do not exist in a vacuum-they are exposed daily to individuals corruption his discretionary powers brings. Without this moral guidance,
and situations that often leave an emotionally corrosive impact on their law enforcers become the oppressors of the people they are supposed to
organization and personnel. This exposure expo over time creates serve and protect.
circumstances that violate the values these officers hold central.
The Social Contract
Unfortunately, the approaches being employed by the PNP has been
hampered by either lack of funding, miscommunication, or an The police officers must display a higher standard of ethical behavior than
unsystematic proactive approach. The sheer number of values formation that of the average citizen. Based on the concept of the social contract, the
programs in the PNP alone becomes a source of confusion and government has the right to deprive people of their freedom in specific
miscommunication among its practitioners and participants alike. circumstances or to use force if necessary to protect the rights of the
greater society. In exchange for this relinquishment of freedoms, society
Worse, there is a growing stigma among PNP personnel in being assigned expects that the government will protect citizens, respect the rights of
to any values formation endeavors, since admittance to these programs citizens, and appoint agents (the police) who have the integrity to protect
were sometimes used as a form of punishment and humiliation. citizens and adhere to the conditions of the social contract.
To arrest the slide towards moral degradation, PNP members much are Based on this philosophy, a society can expect the highest standards of
exposed continuously to a proactive values maintenance program which behavior and ethical conduct in persons afforded that power to deprive
will provide them with the necessary internalization policies and others of their basic liberties. In other words, the public expects the police
procedures to maintain one's core-based values. This intervention must be to behave at the highest levels of integrity and to obey the rules and laws
incorporated in all aspects of PNP life and not merely in the training and of society clearly for a social contract to remain a valid principle.
disciplinary mechanisms.
Police Officers as Role Models
The discussion of the positive and negative traits of the Filipino makes it
clear that there is much that is good in among Filipinos, but there is much
that needs to be changed. It is also clear that many of the Filipino's strong
points are also sources of weakness
THE SIX (6) CORE WORK VALUES As people, they are person-oriented, and relationships with others are a
very important part of their lives. They are thus capable of there caring and
1. INDUSTRIOUSNESS - what a person wants to, looks for, keeps busy concern for others. On the other hand, their orientation in the extreme
and strives to work well. leads to lack of objectivity and the disregard for universal rules and
procedures where everyone, regardless of their relationship with them, is
2. SENSE OF RESPONSIBILITY what a person does is dependent on
treated equally. Their orientation leads them to be concerned for people
him, and he puts his will and intellect to his job (creativity/initiative) and is
and yet unfair to some.
held accountable for it.
Ethics is a key component of competitiveness in the work environment.
3. ORDER (SENSE OF TIME) - prioritizes the use of time, values his time,
How to ensure that work in an atmosphere characterized by mutual trust
"first things first."
and confidence worth the respect of everyone in society? There is no
4. COLLABORATION - fosters teamwork and solidarity for unity. doubt on this fact that the greater the measure of mutual trust and
confidence in the ethics of a society, the greater its strength and support to
5. DETERMINATION - a person possesses qualities of perseverance, everyone. Hence, ethics must be considered in a broader sense by the
patience, and strength to cope with obstacles, difficulties, and trials. citizens and constituents in a larger society.
POSITIVE TRAITS OF THE FILIPINO sphere. It is likewise seen in the ability to accept change. The result is
productivity, innovation, entrepreneurship, equanimity, and survival.
1. Pakikipagkapwa-Tao
NEGATIVE TRAITS OF THE FILIPIΝΟ
Filipinos are open to others and feel one with others. They regard others
with dignity and respect and deal with them as fellow human beings. 1. Extreme Personalism
Pakikipagkapwa-tao is manifested in a basic sense of justice and fairness
and concern for others. It is demonstrated in the Filipino's ability to This personalism is manifested in the tendency to give personal
empathize with others, in helpfulness and generosity in times of need interpretations to actions, i.e., "take things personally." Thus, a sincere
(pakikiramay), in the practice of Bayanihan or mutual assistance, and the question may be viewed as a challenge to one's competence, or positive
famous Filipino hospitality. feedback may be interpreted as a sign of special affection. There is, in
fact, some basis for such interpretations as Filipinos are quite personal in
Pakikipagkapwa-tao results in camaraderie and a feeling of closeness to criticism and praise. Personalism is also manifested in the necessity for
one other. It is the foundation for unity as well as the sense of social the establishment of personal relationships before any business, or work
justice. relationships can be successful.Because of this personalistic world view,
Filipinos have difficulty dealing with all forms of impersonal stimuli. It is for
2. Family Orientation this reason that one is uncomfortable with bureaucracy, with rules and
regulations and with standard procedures, all of which tend to be
Filipinos possess a genuine and deep love for family which includes not impersonal.Personal contacts are involved in any transaction, and these
simply spouse and children, parents and siblings, but also grandparents, are difficult to turn down. Preference is usually given to family and friends
aunts, uncles, cousins, godparents and other ceremonial relatives. To the in hiring, delivery of services and even in voting. Extreme personalism thus
Filipino, one's family is the source of personal identity, the source of leads to the graft and corruption evident in Philippine society.
emotional and material support, and one's main commitment and
responsibility.Concern for the family is manifested in the honor and respect 2. Extreme Family Centeredness
given to parents and elders, in the care given to children, the generosity
towards kin in need, and in the great sacrifices, one endures for the While concern for the family is one of the Filipino's greatest strengths, in
welfare of the family. This sense of family results in a feeling of the extreme it becomes a serious flaw. Excessive concern for the family
belongingness and rootedness and a basic sense of security. creates an in-group to which the Filipino is fiercely loyal to the detriment of
concern for the larger community or the common good.Excessive concern
4. Joy and Humor for family manifests itself in the use of one's office and power as a means
of promoting the interest of the family, in factionalism, patronage and
Filipinos have a cheerful and fun-loving approach to life and its ups and political dynasties, and the protection of erring family members. It results in
downs. They have a pleasant disposition, a sense of humor and a a lack of concern for the common good and acts as a block to national
propensity for happiness that contribute not only to the Filipino charm but consciousness.
also to the indomitability of the Filipino spirit. They laugh at themselves,
and the mess they are in is an important coping mechanism. Often playful, 3. Lack of Discipline
sometimes cynical, sometimes disrespectful, they laugh at those they love
and at those they hate and make jokes about fortune and bad. The Filipino's lack of discipline encompasses several related
characteristics. They have a casual and relaxed attitude towards time and
This sense of joy and humor is manifested in the Filipino's love for social space which manifests itself in lack of precision and compulsiveness, in
celebrations, in their capacity to laugh even in the most trying of times, and poor time management and procrastination. They have an aversion for
in the appeal of political satire. The result is a certain emotional balance, following strictly a set of procedures and this result in a lack of
optimism, a healthy disrespect for power and office and the capacity to standardization and quality control. They are impatient and unable to delay
survive. gratification or reward, resulting in the use of shortcuts, in skirting the rules
(the palusot syndrome) and in foolhardiness. They are guilty of ningas
cogon, starting projects with full vigor and interest which abruptly die down
leaving things unfinished.The Filipino's lack of discipline often results in
5. Hard Work and Industry
inefficient and wasteful work systems, violations of rules leading to more
Filipinos have the capacity for hard work given proper conditions. The serious transgressions and a casual work ethic leading to carelessness
desire to raise one's standard of living and to possess the essentials of a and lack of follow-through.
decent life for one's family, combined with the right opportunities and
4. Passivity and Lack of initiative
incentives, makes the Filipino work very hard. This is most noticeably in
the willingness to take risks with jobs abroad and while there, to work at Filipinos are generally passive and lacking in initiative. One waits to be told
two or three jobs. The result is productivity and entrepreneurship for some what has to be done. There is a strong reliance on others (e.g., leaders,
and survival despite poverty for others. government) to do things for us. This is related to one's attitude towards
authority. Filipinos need a strong authority figure and feel safer and more
6. Faith and Religiosity
secure in the presence of such an authority. One is generally submissive
Filipinos have a deep faith in God. Their innate religiosity enables them to to those in authority and is not likely to raise issues or to question
comprehend and genuinely accept reality in the context of God's will and decisions.
plan. Thus, tragedy and bad fortune are accepted, and some optimism
Filipinos tend to be complacent, and there rarely is a sense of urgency
characterizes even the poorest lives.
about any problem. There is a high tolerance for inefficiency, poor service
The faith of the Filipino is related to bahala na which, instead of being and even violations of one's basic rights. In many ways, it can be said that
viewed as defeatist resignation, may be considered positively as a the Filipino is too patient and long-suffering (matiisin). Too easily resigned
reservoir of psychic energy, an important psychological prop on which they to one's fate, Filipinos are thus easily oppressed and exploited.
can lean during hard times. This pampalakas ng loob allows them to act
5. Kanya-Kanya Syndrome
despite uncertainty. The results of the Filipino's faith are courage, daring,
optimism, inner peace, as well as the capacity to genuinely accept tragedy Filipinos have a selfish, self-serving attitude that generates a feeling of
and death. envy and competitiveness toward others, particularly one's peers who
seem to have gained some status or prestige. Towards them, the Filipino
7. Ability to Survive
demonstrates the so-called crab mentality (referring to the tendency of
Filipinos can survive, which is manifested in their capacity for endurance crabs in a basket to pull each other down) using the leveling instrument of
despite difficult times and in their ability to get by on so very little. Filipinos tsismis, intriga, and unconstructive criticism to bring others down. There
make do with what is available in the environment (e.g., making out living seems to be a basic assumption that another's gain one's loss.
from a garbage dump). This survival instinct is related to the Filipino's
The kanya-kanya syndrome is also evident in the personal ambition and
other strengths a basic optimism, flexibility and adaptability, hard work and
the drive for power and status that is completely insensitive to the common
deep faith in God.
good. Personal and in-group interests reign supreme. This characteristic is
8. Flexibility, Adaptability, and Creativity in the lack of a sense of service among people in the government
bureaucracy. The public is made to feel that service from these offices and
Filipinos have a great capacity to adjust and to adapt to circumstances and these civil servants are an extra perk that has to be paid for.
the surrounding environment, both physical and social. Unplanned or
unanticipated events are never overly disturbing or disorienting as the The kanya-kanya syndrome results in the dampening of community spirit
flexible Filipino adjusts to whatever happens. They possess a tolerance for and the trampling upon the rights of others.
ambiguity that enables them to remain unfazed by uncertainty or lack of
6. Lack of Self-Analysis and Self-Reflection
information. They are creative, resourceful, quick learners, and can
improvise and make use of whatever to create and produce. There is a tendency in the Filipino to be superficial and even somewhat
flighty. In the face of serious problems, both personal and social, there is a
This quality of the Filipino is manifested in the ability to adapt to a life of
lack of analysis or reflection. They joke about the most serious matters,
the world, in the ability to make new things out of all scraps, in the keep
and this prevents looking deeply into the problem.
old machines running, and of course in the creative talent manifest cultural
Related to this is the Filipino emphasis on form than on substance. There of their family. During times of great personal crisis and danger, they
is a tendency to be satisfied with rhetoric and to substitute this for reality. bravely forge on, confident that Divine Providence will grant them
Empty rhetoric and endless words are very much part of public life. As protection and safety.
long as the right things are said, as long as proper documents and reports
exist, as long as the proper committees, task forces or offices are formed, 2. Valor. History attests that the Filipino law-enforcers have exemplified
Filipinos are deluded into believing that what ought to be, actually exists. the tradition of valor in defending the country from aggression and
oppression and protecting/preserving the life and property of the people.
The Filipino lack of self-analysis and emphasis on form is reinforced by an They sacrificed their limbs and lives for the sake of their countrymen whom
educational system that is often more form than substance and a legal they have pledged to serve.
system that tends to substitute law for reality.
3. Patriotism. The PNP members are traditionally patriotic by nature.
THE FILIPINO POLICE OFFICER They manifest their love of country with a pledge of allegiance to the flag
and a vow to defend the Constitution.
Introduction
4. Discipline. The discipline of PNP members is manifested by instinctive
The PNP situation makes it more unique than the national situation obedience to lawful orders and thorough and spontaneous actions towards
because it has its own occupational culture which exerts tremendous attainment of organizational objectives guided by moral, ethical and legal
influence over its personnel's beliefs and values. Hence, a member of the norms.
PNP must contend with the two opposing influences- his lineage as a
Filipino, and his duty as a police officer. 5. Courteous. PNP members are upright in character, gentle in manners,
dignified in appearance, and sincere in their concern to fellowmen.
Five characteristics of the job of police officer seem particularly useful in
explaining how police come to be different from civilians: the uniform, the 6. Word of Honor. PNP members' word is their bond. They stand by and
power, working hours, danger, and dirty work involved in police functions. commit to upholding it.
In total, these factors work to separate the police from the public and to
accentuate any differences. 7. Duty. PNP members have historically exemplified themselves as
dedicated public servants who perform their tasks with a deep sense of
FIVE CHARACTERISTICS OF A POLICE OFFICER'S JOB responsibility and self-sacrifice. They shall readily accept assignment
anywhere in the country.
1. The Uniform
8. Loyalty. PNP members are traditionally loyal to the organization,
The uniform sets the officer apart, and it identifies his or her status as a country, and people as borne by history and practice.
police officer. It is not possible for the uniformed of her to be
inconspicuous or to blend into the crowd. Wearing the officer marks the 9. Camaraderie. The binding spirit that enhances teamwork and
officer as a member of a particular minority group the police. cooperation in the police organization, extending to the people they serve,
is manifested by the PNP members' deep commitment and concern for
2. The Power one another.
The uniformed police officer, with the sidearm, baton, citation book, and WEAKNESSES OF THE FILIPINO POLICE OFFICER
other trappings of office, is a walking symbol of government power. In
most circumstances, both the officer and the citizen recognize that the The weaknesses of the Filipino Police Officer are rooted in how he
officer is in a dominant position and can do things to reward or punish the individually adapts to the reality of his chosen profession. After gaining
citizen. The fact of power means that the police officer is not an equal of much-needed experience, a police officer often realizes that the
the citizen on the street. It changes the nature of the relationship between procedural approach (by the book) does not necessarily guarantee results.
the citizens and the police. In like manner, the same police officer acknowledges that the public
unfairly judges his competence based on actual results and not on
3. The Working Hours whether he followed the correct process or not. Faced with this moral
dilemma, a police officer sometimes adjusts his high ethical standards to
In most places, police officers work rotating shifts. A typical pattern meet the expectations of the public. This process eventually create a
involves changing work hours every month, so that the officer works days phenomenon known as a "sub-culture," wherein a parallel set of values
for one month, afternoons for the next, nights for the third, and then days now exists side by side with the prescribed values and behavior by the
again. Police officers also work weekends, holidays, and frequently must organization. The following are the manifestations of this so called "sub-
put in overtime in emergencies, and for court appearances. culture," which to be fair do not necessarily apply to all police officers, but
are generally regarded to be existing and accepted is valid.
4. The Danger
1. Misplaced Loyalty
Every day thousands of PNP personnel patrol the streets. While carrying
out this function, they deal with several issues, situations, and problems. Due to the bonds shared by police officers in their line of work, it becomes
They must also cope with a situation in which there is little time to decide one's paramount duty to protect his fellow officers at all costs, as they
and make a judgment, and constant movement and attentiveness must would protect you, even though you may have to risk your career or your
always be observed in responding to a call for help that may have life or own life to do it. If your colleagues make a mistake, took a bribe, seriously
death implications. hurt somebody illegally, or got into other kinds of trouble, you should do
everything you can to protect them in the ensuing investigation. If your
As participants in a very hazardous occupation, police officers have the
colleagues are routinely breaking the rules, you should never tell
potential for encountering life-threatening conditions or the actual loss of
supervisors, reporters, or outside investigators about it. If you don't like it,
life daily. Fortunately, such situations do not occur as frequently as
quit or get transferred to another assignment. But never, ever, blow the
believed by individuals with little knowledge or experience with police. Still,
whistle.
no situation should be taken lightly, because even the most common
activities could end tragically. 2. Cynicism
5. The Dirty Work Sometimes, because of the experiences they acquire as law enforcers,
police view all citizens with suspicion. Everyone is a possible problem, but
One of the most important things police do for society is its dirty work. The
especially those who fit a type. Recruits learn this way of looking at others
police deal with dead bodies, crimes, crime victims, criminals, automobile
from older officers if they have not come to the job already holding these
accidents and other aspects of society that most people would rather not
perceptions. Cynicism spills over to their relations with other people since
think about. As dirty workers, police officers are untouchables, because
they have found that friends expect favors and special treatment, and
they do not wish to be reminded of what they do.
since police routinely witness negative behavior even from the most
The job of policing should not isolate the police from the citizens; this upstanding of people. As a result, their work life leads them to the
isolation might lead to the "victim mentality." It has been an acknowledged conclusion that all people are weak, corrupt, and dangerous.
practice in many parts of the world that the police and the community are
3. The Use of Force
working hand in hand in accomplishing the objective of a safe and secured
society. They both have duties and responsibilities to maintain peace and The police sometimes embrace force for all situations wherein a threat is
attain economic development for the country. To accomplish these, mutual perceived. Threats may be interpreted as acts or statements "against the
trust, understanding, and harmonious relations must be maintained. officer's authority" rather than those against the officer's physical person.
So anyone with an "attitude problem" deserves a lesson in humility. Force
is both expressive and instrumental. It is a clear symbol of the police
officer's perceived authority and legitimate dominance in any interaction
with the public, and it is also believed to be the most effective method of
STRENGTHS OF THE FILIPINO POLICE OFFICER control. In other words, everyone understands a baton; it cuts across all
social and economic barriers and is the most effective tool for keeping
1. Spiritual Beliefs. PNP members are traditionally religious and God- people in line and getting them to do what is required without argument.
loving persons. They attend religious services together with the members
Police officers sometimes think that they should never hesitate to use uniforms and supplies, "conversion deals," and lending money at usurious
physical or deadly force against people who "deserve it," of where it can rates. Police themselves were affected by a lack of transparency in the
be an effective way of solving a crime. The use of force is justifiable by the administration of police benefits.
doctrine of self-defense, defense of relative and at defense of stranger,
and if the police have probable cause that the subject poses an imminent Many analysts believe that police officers may be involved in the
danger of death or serious injury defense to the police or other persons. to operations of crime syndicates either as principals or protectors. Thus,
believe public perceptions of the police leave much to be desired.
4. "The Police as Victims" Mentality MOST COMMON TYPES OF CORRUPTION IN THE PNP
This concept is based on the idea that the police are victims of public 1. Case Fixing The subjective imposition of penalties or downright
misunderstanding and scorn and self-serving administime of This feeling sabotage of the investigation process in exchange for money or other
of victimization sets police apart from others and rationators adifferent set things for personal gain.
of rules for them as opposed to other members of society.
2. Bribery - Bribery is the receipt of cash or a gift in exchange for past or
The job of a police officer entails a great deal of stress caused by potential future assistance in avoidance of prosecution, as by a claim that the officer
danger and generally unpleasant experiences. Again, this results in the is unable to make a positive identification of a criminal or by being in the
feeling that police are special and different from everyone else. Finally, wrong place at a time when a crime is to occur, or by any other action that
because of erratic working hours and social stigmatism, their social life may be excused as carelessness but not offered as proof of deliberate
tends to be centered on other police officers. This results in closed miscarriage of justice. It is distinguished from extortion by the mutual
viewpoints and legitimization of some unethical practices like corruption. understanding regarding services to be performed upon the acceptance of
the gift.
5. Preferential Application of the Law
3. Extortion - Extortion is the common practice of holding "street court,"
Decisions about whether to enforce the law, in any but the most serious where incidents such as minor traffic tickets can be avoided with a cash
cases, should be guided by both what the law says and who the suspect payment to the officer and no receipt given. Using this process, police
is. Attitude, demeanor, cooperativeness, and even regional affiliation, age, have also been known to extort money from arrested drug personalities.
and social class are all important considerations in deciding how to treat
people generally and whether or not to arrest suspects in particular. 4. Protection - The taking of money or other rewards from vice operators
or from legitimate companies operating illegally in return for protecting
When a fellow police officer's immediate family or relative commits a minor them from law enforcement activity.
infraction, it is understandable to look the other way because of
"pakikisama." It is common to hear the term "balato mo na sa akin ito" 5. Recycling The use or sale of confiscated items and evidence, usually
during these types of situations. It is likewise understandable to expect the drugs or narcotics.
same treatment from your fellow officers when your family or relatives are
involved. It's a quid pro quo situation. 6. Selective Enforcement Selective enforcement occurs when police
officers exploit their officer discretion. For example, a PNP member who
6. "The Police as Untouchables" releases a suspect due to what is commonly known as "areglo" or "balato"
is in clear abuse of his or her discretion and authority. On the reverse side,
Disrespect for police authority is an offense that should always be a police officer who arrests a person simply because the latter "annoys"
punished with an arrest is an. This number one "offense," which is known him is likewise guilty of selective enforcement.
as "contempt of a person in uniform" cannot be ignored known as
contempt of a person in violation of the law a Police officer should find a 7. Internal Pay-offs sale of work assignments, day-offs, holidays, vacation
safe way to impose punishment, including an arrest on false charges. periods, and even promotions.
Police do very dangerous work, so it is proper to take any extra rewards Gratuities have become a part of a police officer's job. Although the formal
the public wants to give them, such as free meals, Christmas gifts and free code of ethics disapproves of gratuities, most people feel there is nothing
access to movies, public transport, etc. The general rule is: Take any wrong with businesses giving "freebies" to the police officer, such as free
reward that doesn't change what you would do anyway, such as eating a admission to a show or gifts. Many officers believe that these are small
meal, but don't take money that would affect your job, such as not giving rewards indeed for the difficulties they endure in police work.
traffic tickets. One theory is that it is acceptable to accept any reward as
long as it was given wholeheartedly by an individual to a police officer. Many business people offer gratuities, such as half-price meals, as a token
This rationalization was even given a term: "Laughing Money." of sincere appreciation for the police officer's work. So what could be
wrong with them? Some pundits once suggested that officers are
incapable of distinguishing between gestures of goodwill and attempted
bribery, and most officers do not view the acceptance of gratuities as a
8. Due Process form of corruption.
Due process is only a means of protecting criminals at the expense of the How do gratuities undermine public confidence? Some officers believe that
law abiding and should be ignored whenever it is safe to do so. Illegal gratuities are dangerous because what might start without intent on the
searches and wiretaps, interrogation without advising suspects of their part of the officer may become a patterned expectation. It is the taking in
rights, and if need be, even physical pain to coerce a confession are all an official capacity that is wrong, since the social contract is violated when
acceptable methods for accomplishing the goal the public wants the police citizens give up their liberty to exploit, only to be exploited, in turn, by the
to perform: fighting crime. The rules against doing those things merely enforcement agency that prevents them from engaging in similar behavior.
handcuff the police, making it more difficult for them to do their jobs.
What may or may not constitute gratuity?
9. Lying and Deception
One of the first questions to ask is where one should draw the line
Lying and deception are an essential part of the police job, and even between harmless rewards and inappropriate gifts. For example, is a
perjury should be used if it is necessary to protect yourself or get a discounted meal acceptable, but not one that is free? Or is a free meal
conviction on a "bad guy." Violations of due process cannot be admitted to acceptable, but not items such as groceries or tires or car stereos? Do
prosecutors or in court, so perjury is necessary and therefore proper. store or restaurants owners expect anything for their money, such as more
frequent patrols or overlooking sales of alcohol to under juveniles, for
CHALLENGES FACING THE FILIPINO POLICE OFFICER instance?
Political Meddling Should they expect different treatment from officers than the treatment
given to those who do not offer gratuities? Many merchants give free or
It is observed that some elected officials often attempt to influence police discount food to officers because they like to have them around, especially
operations to bolster their political positions in the community. Sometimes, late at night. The question then becomes the one asked frequently by
police positions are awarded based on political patronage. citizens: Why are two or more police cars always at a certain place and not
patrolling? An impression is given of unequal protection. Free meals or
Corruption
even coffee may influence the pattern of police patrol and thus may be
The police are not exempted from graft and corruption. As an institution, wrong because some citizens are not receiving equal protection. What
graft and corruption had long taken roots in the police agency. Corruption happens when all surrounding businesses give gratuities to officers and a
was nurtured by the long years of political patronage that slowly eroded new business moves in? Do officers come to expect special favors? Do
the moral foundation of the organization. merchants feel pressured to offer them? Many nightclubs allow for off-duty
officers to enter without paying cover charges. Does this lead to
Graft and corruption in the police exist in different degrees. This corruption resentment and a feeling of discrimination by paying customers? Does it
may be as negligible as siphoning petroleum from police vehicles for lead to the officer thinking that he or she is special and different from
private consumption to illegal logging or gun-smuggling activities or illegal everyone else? Other examples of gratuities that police accept they
numbers game. Corruption exists in the form of over-pricing of police
include movie tickets, merchandise, and tickets to ball games and other
events.
The use of force and the potential for police brutality is troublesome
because of the ambiguity that surrounds the decision to initiate or
cease applying force. Not only do people disagree over the amount of
force to be applied, but they also disagree with the type of force used.
Force can be thought of as a continuum ranging from threats to the
use of deadly force-shooting a suspect.
Citizen complaints about brutality are often based not on the end of
the continuum that includes the use of deadly force, but on the threat
end instead. The use of physical force is relatively rare in policing,
and the use of deadly force is rarer still. Often, however, what is
perceived as police brutality might be better understood as police
bullying.