LAW ENFORCEMENT PROFESSIONAL CONDUCT

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

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

1. Analyze the principal arguments concerning the importance of professional

conduct in law enforcement.

2. Identify the-salient provisions of Republic Act No. 6713 otherwise known as

Conduct and Ethical Standards for Public Officials and Employees applicable to
law enforcement officers.

3. Distinguish the issues relating to morals, ethics, values, ethical codes, ethical
standards, and ethical dilemmas.

4. Interpret the Code of Ethics for registered Criminologists.

Introduction

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

I. PROFESSIONAL CONDUCT

Professional Conduct, also known as Code of Conduct, is the field of regulation of

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

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

1. It can protect the public.

2. Professional ethics provides professionals with a plausible basis for “speaking
truth to power.”

3. A professional code of conduct can help a young professional navigate

ambiguous or stressful situations.

CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND

EMPLOYEES

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

Definition of Terms

Public Officials includes elective and appointive officials and employees, permanent or
temporary, whether in the career or non-career service, including military and police
personnel, whether or not they receive compensation, regardless of amount.

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

Receiving any gift includes the act of accepting directly or indirectly, a gift from a
person other than a member of his family or relative, even on the occasion of a family
celebration or national festivity like Christmas, if the value of the gift is neither nominal
nor insignificant, or the gift is given in anticipation of, or exchange for, a favor.

The loan covers both simple loan and commodatum as well as guarantees, financing
arrangements or accommodations intended to ensure its approval.
Substantial stockholder means any person who owns, directly or indirectly, shares of
stock sufficient to elect a director of a corporation. This term shall also apply to the
parties to a voting trust.

Family of public officials or employees means their spouses and unmarried children
under eighteen (18) years of age.

A person includes natural and juridical persons unless the context indicates otherwise.

Conflict of interest arises when a public official or employee is a member of a board,

an officer, or a substantial stockholder of a private corporation or owner or has a
considerable interest in a business, and the interest of such corporation or business, or
his rights or duties therein, may be opposed to or affected by the faithful performance of
official duty.

Divestment is the transfer of title or disposal of an interest in the property by voluntarily,

entirely and depriving or dispossessing oneself of his right or title to it in favor of a
person or persons other than his spouse and relatives as defined in this Act.

Relatives refer to any persons related to a public official or employee within the fourth
civil degree of consanguinity or affinity, including bills, into and balance.

Norms of Conduct of Public Officials and Employees

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

(a) Commitment to Public Interest

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

(b) Professionalism

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

(c) Justness and Sincerity

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

(d) Political Neutrality

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

(e) Responsiveness to the Public

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

(f) Nationalism and Patriotism

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

(g) Commitment to Democracy

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

(h) Simple Living

Public officials and employees and their families shall lead modest lives appropriate to
their positions and income. They shall not indulge in an extravagant or ostentatious
display of wealth in any form.
Duties of Public Officials and Employees

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

(a) Act Promptly on Letters and Requests

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

(b) Submit Annual Performance Reports

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

(c) Process Documents and Papers Expeditiously

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

(d) Act Immediately on the Public’s Transactions

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

(e) Make documents accessible to the public.

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

Reference: Professional Conduct and Ethical Standards by Nestor C. Nabe, PhD