CHAPTER VII

The Philippine National Police Code of Professional Conduct and Ethical Standards

(PNP Code of Conduct)

All PNP members shall abide and adhere to the provisions of this Code of Professional Conduct
and Ethical Standards. Towards this end, a truly professionalized and dedicated law enforcer shall
be developed in promoting peace and order, ensuring public safety and enhancing community
participation guided by the principle that a public office is a public trust and that all public servants
must at all times be accountable to the people.

They shall serve with utmost responsibility, integrity, morality, loyalty and efficiency with due
respect to human rights and dignity as hallmark of a democratic society. They shall at all times bear
faithful allegiance to the legitimate government, support and uphold the Constitution, respect the
duly constituted authority and be loyal to the police service.

Definition of Terms:

1. Neglect of Duty or Nonfeasance - is the omission or refusal, without sufficient excuse, to

perform an act or duty, which it was the Peace Officer's legal obligation to perform, it implies a duty
as well as its breach and the fact can never be found in the absence of a duty.

2. Irregularities in the Performance of Duty - is the improper performance of some act which
might be lawfully done.

3. Misconduct or Malfeasance - is the doing, either through ignorance, inattention or malice, of

that which the officer had no legal right to do all, as where he act without any authority whatsoever,
or exceeds, ignores or abuses his powers. Misconduct generally means wrongful, improper or
unlawful conduct, motivated by premeditated, obstinate or intentional purpose. It usually refers to
transgression of some established and definite rule of action, where no discretion is left except
what necessity may demand; it does not necessarily family corruption pr criminal intention but
implies wrongful intention and not mere error of judgment.

It also refers to the intentional commission of a prohibited act or intentional unjust performance of
some act of which the party had no right (e.g., gratuity, perjury, use of police resources for personal
use.

Misfeasance on the other hand is the performance of a duty or act that one is obligated or permitted
to do in a manner which is improper, sloppy, or negligent (e.g., report writing, unsafe operation of
motor vehicle, aggressively "reprimanding" a citizen, improper searching of arrested persons)

4. In-competency - is the manifest lack of adequate ability and fitness for the satisfactory
performance of police duties. This has reference to any physical intellectual quality the lack of
which substantially incapacitates one to perform the duties of peace officer.

5. Oppression - It imports an act of cruelty, severity unlawful execution, domination, or excessive

use of authority. The exercise of the unlawful powers or others means, in depriving, an individual of
his liberty or property against his will is generally an act of oppression.

6. Dishonesty - is the concealment or distortion of truth in a matter of fact relevant of one's office
or connected with the performance of his duties.
7. Disloyalty to the Government - Consist of abandonment or renunciation of one's loyalty to the
Government of the Philippines, or advocating the overthrow of the government.

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

POLICE OFFICER'S CREED AND STAND ON BASIC ISSUES

The PNP Values

The police service is a noble profession and demands from its members specialized knowledge
and skills and high standard of ethics and morality. In this regard, the members of the Philippine
National Police must adhere to and internalize the enduring core values of Fear of God, Honor the
Government, and Respect the People.

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. In return, can do not less than love Him above all, seek His guidance in the
performance of my sworn duties and honor Him at all times.

I believe that respect for authority is a duty. I respect and uphold the Constitution, the laws of the
land and the applicable rules and regulations. I recognize the legitimacy and authority of the
leadership, and follow and obey legal orders of my Superior officers.

I believe in selfless love and service to people. Towards this end, I commit myself to the service of
my fellowmen over and above my personal convenience.

I believe in the sanctity of marriage and the respect for women. I shall set the example of decency
and morality and shall have regard for family life and chastity.

I believe in the responsible dominion and stewardship over things. I shall inhibit myself from
ostentatious display of my property. I shall protect the environment and conserve nature to maintain
ecological balance. I shall respect private and public properties and prevent others from destroying
them.

I believe in the wisdom of truthfulness. I must be trustworthy and I shall speak the truth at all times
as required by the profession.

Basic Issues

The deployment and employment of the PNP personnel require the organization and its members
to bare their stand on the following basic issues:

1. PNP Image - The image of any organization affects the spirit de' corps, morale and welfare or
members and sense of pride to the organization. In view thereof, all members of the PNP should
conduct themselves in a manner that would not place the PNP in bad light. Instead, they should live
in accordance with the PNP core values and possess the following virtues: honor, integrity, valor,
justice, honesty, humility, charity and loyalty to the service.

2. Career Management, the key to professionalism - Its improper implementation will greatly
prejudice the personnel professionalization process as regard procurement, promotion, assignment,
placement, training, awards, and retirement. To address these flaws, the PNP shall formulate a
stringer policy and strictly implement the human resources development system, compatible to the
equitable distribution of procurement, fair promotion, and rationalized approach in assignment, skill
development immediate grant of reward and award, and decent living upon retirement.

3. Police Management Leadership The effectiveness of law enforcement is reflective of the

managerial capabilities and competent leadership of the men d women who run the PNP
organization. It is therefore a must" that these attributes be the primary basis for consideration in
the selection of personnel for employment and deployment purposes.

4. Equality in the Service There shall be judicious and equitable distribution of opportunity to prove
one's wroth in the police service. The problem of inequity thru class orientation and factionalism,
both real and perceived, premised on favored assignment, inequitable opportunity of training, unfair
granting of promotions, and untimely awarding of achievements, will create an atmosphere of
demoralization. The result is inefficiency and lack of teamwork to the detriment of the organization.

It behooves therefore on the PNP leadership to address the situation. The civilian character of the
organization requires adherence to the rule on merit and fitness system and to dissociate the above
process from class orientation and factionalism.

5. Dedicadeza - In consonance with the requirements of honor and integrity in the PNP, all
members must have the moral courage to sacrifice self-interest in keeping with the time-honored
principle of delicadeza.

6. Police Lifestyle - The PNP shall endeavor to promote a lifestyle for every member of the
organization that is acceptable and respectable in the eyes of the public. They must be free from
greed, corruption and exploitation. The public expects a police officer to live a simple, yet credible
and dignified life.

7. Political Patronage - All PNP members must inhibit himself from soliciting political patronage in
matters pertaining to assignment, awards, training and promotion.

8. Human Rights - All PNP members must respect and protect human dignity and man's inalienable
rights to life, liberty and property.

9. Setting Example - All PNP members should set good example to the subordinates and follow
good example from the superiors.

PROFESSIONAL CONDUCT AND ETHICAL STANDARDS

Standard of Police Professionalism

All PNP personnel shall perform duties with excellence, competence, integrity, intelligence and
expertise in the application of specialized skill and technical knowledge.

Police Professional Conduct

All members of the PNP shall observe the following professional conduct.

Commitment to Democracy - Uniformed PNP members commit themselves to the democratic way
of life and values and maintain the principle of public accountability. They shall at all times uphold
the Constitution and be loyal to our country, people and organization above loyalty to any person or
organization.

Commitment to Public Interest - All PNP members shall always uphold public interest over and
above personal interest. All government properties, resources and powers of their respective
offices must be employed and used effectively, honestly and efficiently particularly to avoid wastage
of public funds and revenues. All PNP personnel must avoid and prevent the "malversation of
Human Resources "malversation of Government time" and malversation of Government property
and funds."

Non-Partisanship - PNP members shall provide services to everyone without discrimination

regardless of party affiliation in accordance with existing laws and regulations.

Physical Fitness and Health - All PNP members shall strive to be physically and mentally fit and in
good health at all times. Toward this end, they shall undergo regular physical exercises and annual
medical examination in any PNP Hospital or Medical facility, and actively participate in the Physical
Fitness and Sports Development Program of the PNP

Secrecy Discipline - All PNP members shall guard the confidentiality of classified information
against unauthorized disclosure, including confidential aspects of official business, special orders,
communications and other documents, roster or any portion thereof of the PNP, contents of
criminal records identities or persons who may have given information to the police in confidence
and other classified information on intelligence material.

Social Awareness - All PNP members and their immediate family members shall be encouraged to
actively get involved in the religious, social and civic activities to enhance the image of the
organization but without affecting their official duties.

Non-Solicitation of Patronage – all members shall seek self-improvement through career

development and shall not directly or indirectly solicit influence or recommendation from politicians,
high-ranking government officials, prominent citizens, persons affiliated with civic or religious
organizations with regard to their assignments, promotions, transfer or those of other members of
the force, nor shall they initiate any petition to be prepared and presented by citizens in their behalf.
Moreover, they shall advise their immediate relatives not to interfere in the activities of the police
service particularly in the assignment and reassignment of personnel.

Proper Care and Use of Public Property - PNP personnel shall be responsible for the security,
proper care and use of public property issued to them and/or deposited under their care and
custody. Unauthorized use/disposal of public property for personal convenience or gain and that of
their families, friends, or relatives is strictly prohibited. When the Commander/Director is relieved
from his post, all properties/ equipment belonging to the government must be turned - over to the
incoming. A committee for the purpose shall be proper. Hence it is a taboo for outgoing
Commander/Director to detach, remove and bring for himself those non-personal properties.

Respect of Human Rights - In the performance of duty, PNP members shall respect and protect
human dignity and uphold the human rights of all persons. No member inflict, instigate or tolerate
extra-judicial killings, arbitrary arrests, any act of torture or other cruel, inhuman or degrading
treatment or punishment, and shall not invoke superior orders or exceptional circumstances such
as a state-of-war, a threat to national security, internal political instability or any public emergency
as justification for committing such human rights violations.

Devotion to Duty - All PNP personnel shall perform their duties with dedication, thoroughness,
efficiency, enthusiasm, determination, and manifest concern for public welfare, and shall refrain
from engaging in any activity which shall be in conflict with their duties as public servants.

Conservation of Natural Resources - All personnel of the PNP shall help in the development and
conservation of our natural resources for ecological balance and posterity as these are the
inalienable heritage of our people.
Discipline - All personnel of the PNP shall conduct themselves at all times in keeping with the rules
and regulations of the organization.

Loyalty - Above all, PNP personnel must be loyal to the Constitution and the police service as
manifested by their loyalty to their superiors, peers and subordinates as well.

Obedience to Superiors - All PNP personnel shall obey lawful orders and courteous to superior
officers and other appropriate authorities within the chain of command. They shall readily accept
whenever they are assigned anywhere in the country. Therefore, it is a taboo for any personnel to
petition in court or in any public forum his assignment

Command Responsibility - In accordance with the Doctrine on Command Responsibility, immediate

Commanders/Directors shall be responsible for the effective supervision, control and direction of
their personnel and shall see to it that all government resources shall be managed, expended or
utilized in accordance with laws and regulations and safeguard against losses thru illegal or
improper disposition.

The Ethical Standards

Ethical Standards shall refer to established and generally accepted moral values.

Ethical acts to be observed are the following:

Morality - All PNP personnel shall adhere to high standard of morality and decency and shall set
good examples for others to follow. Hence, among others, and in no instance during their terms of
office shall they be involved as owners, operators, managers or investors in any house of ill-repute
or illegal gambling den or other places devoted to vices, nor shall they patronize such places unless
on official duty, and tolerate operations of such establishments in their respective areas of
responsibilities. They shall be faithful to their lawfully wedded spouses.

Judicious Use of Authority - PNP members shall exercise proper and legitimate use of authority in
the performance of duty.

Integrity - PNP personnel shall not allow themselves to be victims of corruption and dishonest
practices in accordance with the provisions of RA6713 and other applicable laws.

Justice - PNP personnel shall strive constantly to respect the rights of others so that they can fulfill
their duties and exercise their rights as human beings, parents, children, citizens, workers, leaders,
or in other capacities and to see to it that others do likewise.

Humility - All PNP personnel shall recognize the fact that they are public servants and not the
masters of the people and toward this end, they should perform their duties without arrogance.
They should also recognize their own inadequacies, in abilities and limitations as individuals and
perform their duties without attracting attention or expecting the applause of others.

Orderliness - All PNP personnel shall follow logical procedures in accomplishing tasks assigned to
them to minimize waste in the use of time, money and effort.

Perseverance - Once a decision is made, PND shall take legitimate means to achieve the goal
even in the face of internal or external difficulties, and despite anything which might weaken their
resolve in the course of time.

CUSTOMS AND TRADITIONS

General Statement
The PNP adopts the generally acceptable Customs and traditional based on the desirable practices
of the police service. These shall serve as inspiration as the PNP endeavors to attain its goal and
objectives

Definition of Terms:

Customs - Established usage 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 on Courtesy

The following are customs on courtesy in the PNP:

Salute - Salute is the usual greeting rendered by uniformed members upon meeting and
recognizing person entitled to a salute.

Salute of National Color and Standard - Members stand attention and salute the national color and
standard as it pass 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".
All Police Commission Officers shall be addressed sir by the PNCO's and NUP's.

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 to other key personnel
for accounting, orientation and other purposes.

Christmas Call - PNP members pay as Christmas Call on their local executives in their respective
area of responsibility.

New Year's Call - PNP members pay a New Year's call on their commanders and/or key officials in
their respective area of responsibility.

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 pay 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 - The PNP members honor the flag by hoisting it and singing the National
Anthem before the start of the official days’ work.

Flag Lowering 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 difference 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.

Ceremony Tendered to Retirees - In recognition of their long, faithful and honorable service to the
PNP, a testimonial activity is tendered in their honor.

Honor Ceremony - Arrival and departure honor ceremonies are rendered to visiting dignitaries,
VIPs, PNP Officers with the grade of Chief Superintendent and above and AFP officers of
equivalent grade, unless waived.

Turn-Over Ceremony - assumption of command or key position is publicly announce in a Turn-over

Ceremony by the out-going and in-coming officers in the presence of the immediate superior or his
representative.

Wedding Ceremony - During marriage of PNP members, a ceremony is conducted with participants
in uniform and swords drawn.

Anniversary - The birth of institutional establishment of a command or unit is commemorated in an

Anniversary Ceremony.

Police Customs on Social Decorum

The following are police custom 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. It
is a welcome sight when PNP members wear their uniform properly wherever the maybe. Bulging
stomach is taboo in the uniformed service. Since disciplined PNP members are best exemplified by
those who are neat in appearance and wearing prescribed uniform, they must therefore observe
the following:

Wearing of prescribed uniform.

- Wearing as part of the uniform, award and decorations earned in accordance with the
prescribed rules and regulations.

- Adherence to haircut prescribed by rules and regulations.

- Manner of Walking Every PNP member is expected to walk with pride and dignity.
Other Police Customs:

Visiting the Sick - PNP members who are sick in the hospital, their residence or any place of
confinement are visited by their immediate commanders or other available officers all benefits due
shall have been received.

Survivor Assistance to Heirs of Deceased Members - When PNP members die, a survivor
officers is designated 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 different religious leaders and the PNP

Athletics - All PNP members indulge in physical fitness activities to insure that their proper
physical appearance and bearing are maintained with the waist line measurement

always smaller than the 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 alight hearted jesting or airing of minor gripes.

Police Tradition

The following are police traditions

Spiritual Beliefs - The PNP members are traditionally religious and God-loving person. They
attend religious services together with the members of their family.

Valor - History attests that the Filipino law-enforcer have exemplified the tradition of valor and
defending the country from aggression and oppression and protecting/preserving the life and
property of the people. They sacrificed their limbs and lives for the sake of their countrymen whom
they have pledge to serve.

Patriotism - The PNP members are traditionally patriotic by nature. They manifest their love of
country with a pledge of allegiance to the flag and a vow to defend the Constitution.

Discipline - The discipline of PNP members are manifested by instinctive obedience to lawful
orders and through and spontaneous actions towards attainment of organizational objectives
guided by moral, ethical and legal norms.

Gentlemanliness - The PNP members are upright in character, police in manners, dignified in
appearance, and sincere in their concern to their fellowmen.

Word of Honor - The PNP members' word is their bond. They stand by and commit to uphold it.

Duty - The PNP members have historically exemplified themselves as dedicated public servant
who perform their tasks with a deep sense of responsibility and self-sacrifice. He shall readily
accept assignment anywhere in the country.

Loyalty - The policemen are traditionally loyal to the organization, country and people as borne by
history and practice.
Camaraderie - The binding spirit that enhances teamwork and cooperation in the police
organization, extending to the people they serve, is manifested by the PNP members deep
commitment and concern to one another

POLICE OFFICER'S PLEDGE

I will love and serve God, my country and my people

I will uphold the Constitution and obey legal orders of the duly constituted authorities;

I will oblige myself to maintain a high standard of morality and professionalism;

I will respect the customs and traditions of the police service; and

I will live a decent and virtuous life to serve as an example to others.

Two possible causes of public mistrust for police ethics:

(1) The perception that a police subculture exists that either turns good officers bad or tolerates evil
in the midst of policing; and

(2) The perception that most of policing is just a front for racial discrimination.

These perceptions affect all of policing, go to the heart of police role in society, and involve ethical
issues which we will explore in depth. Trust is the main ethical issue in this approach to police
ethics, and in learning about trust, we also learn about other irrational forces in society, like fear.
This kind of focus on police ethics is also a focus on societal ethics. Facts make little difference
here, as It doesn’t matter whether we can trace the roots of public mistrust to any specific event;
what matters is perception, and how those perceptions influence the morality of a nation as a whole.

The concept known as the Dirty Harry scenario involves approval for the police to make false
promises to (or worse still, torture) hostage takers and kidnappers. The concept of noble cause
corruption refers to certain acts with the mantle of respectability, like making white lies, or more
generally, a commitment to "doing something about bad people," which is an "ends-based" police
ethic that can be corrupted when officers violate the law on behalf of personally held moral values.

Definition of Terms:

Deviance - behavior inconsistent with the police culture's norms or values

Corruption - immoral, habitual behavior involving misuse of office for self-interest

Favoritism - unfair or unjust acts ("breaks") usually given to friends or relatives

Misconduct - wrongful violations of a police department's rules, policies, and procedures

LEGITIMACY AND TRUST

Legitimacy and trust are complex issues in policing. Legitimacy refers to how fair or just the
outcomes of policing are, and trust refers to a faith in the procedural justice of policing.

In practice, we combined the two into one big concept called TRUST and use the following
indicators.

Priorities (do the police share the same priorities as the public?)

Competency (do the police accomplish the requirements of their job?)

Dependability (are the police dependable?)

Respect (do the police treat people with respect?)

The indicators of shared priorities and respect are specific indicators of trust and the indicators of
competency and dependability are specific indicators of legitimacy. The police need the public to
have positive perceptions on all these indicators, which are usually seen as the "four dimensions of
trust in police studies. Researchers (Hawdon et. al. 2003) have found that about the only thing
which is correlated with these indicators is police visibility (the number of patrols in a neighborhood).

Whether or not police officers stop to informally talk with anybody doesn't matter, and neither does
any attempt by police to engage in community policing. All that matter is that police are seen out-
and-about, presumably doing their job.

Image is everything, and a police officer who just needs to be seen, can be seen doing anything, as
long as it's not ridiculous. From the point of view that visibility is the only thing that matters, being
seen sleeping in a car would be a worse offense than being callous toward citizens.

ACTION OR SERVICE

It's been called the "impossible mandate (Manning &Van Maanen 1978), the ambivalent force
(Blumberg&Niederhoffer1985) and the unprofessional profession (Delatre 1996), among other
terms, but the key idea is that a serious ROLE CONFLIC exists in policing - a conflict between the
role of action-oriented crime fighter and the role of service-oriented public servant.

This conflict between being a crime fighter versus being a public servant is what causes a police
subculture to exist. There is a certain group think phenomenon that takes place in police
cultures, which result in everyone with the group thinking and acting the same. Loyalty to co-
workers is essential, and whistle blowing is extremely discouraged.

Loyalty has dark side, and corruption and immorality can easily hide behind it. Packer (1968) has
defined the underlying conflict as one between the ideals of crime control versus the ideals of due
process, as follows:

CRIME CONTROL DUE PROCESS

(assembly-line justice) (obstacle-course justice)
Efficiency (of operation) Error (possibility of mistake)
Magnitude (speed and finality) Quality control (no emphasis on finality)
Expertness (few restriction on fact finding) Skepticism (moral, Utilitarian restrictions)
Factual guilt (we know you did it) Legal guilt (prove in a court of law)
Presumption of guilt (a mood of confidence) Presumption of innocence (a mood of doubt)

When police try to accomplish both roles, the result is an institutionalized tolerance of deviance at
the extreme ends of both poles.

Therefore, under-enforcement (leniency in the name of due process) is as much a problem as over-
enforcement (zero tolerance in the name of crime control). The reason why it's hard to find the
middle ground in such a role conflict situation can be discussed as the problem of utilitarian limits.

With the ideal of due process, the means to an end must always be justified, hence limiting the "any
means necessary mode of thought with the ideal of crime control. It's also possible to talk about this
role conflict as a "love/hate relationship between the public and the police. Citizens love the police
when they see them fighting an enemy (not us, or at least not good people), and citizens are willing
to defer to the expert power of police as experts in knowing the enemy.
Citizens hate the police, ironically enough, when police engage in service activity, attempting to
serve all people (no enemy, or the enemy is us), and the aid police render either accidentally
violates the rights of the "good" guys or is seen as an insincere attempt to escape the taint of being
an historical tool of oppression for the powerful. Police are literally in a "damned if do/damned if I
don't situation most of the time, and this erodes any sense of objectivity needed for a balanced
sense of ethics.

TOWARD A PUBLIC SERVICE ETHICS

While the bottom line for a private sector employee is economics, the bottom line for a public
service employee is ethics. Public service ethics is sometimes known as a public service EIHOS
because it's much broader than a professional ethics, and doesn’t just involve integrity on the job,
but the calling that comes before taking the job, the challenges on and off the job, and the
principles one maintains after the job (never an "ex' employee, but a former employee.

The notion of serving the "public good" is what differentiates public from private service, and once
having shouldered some responsibility for the public good, one becomes committed to a lifelong
interest in it, if only to think about crafting solutions for the vital interests of society. Ethos is the
added value one brings to public service, and ethos is important to be cultivated or else we lose
what it means to be a "public servant."

A public servant does more than deliver services to customers and clients. They do more than seek
efficiencies in the interests of taxpayers. Rather, a public servant delivers services to the public, a
civic entity traditionally embraced by the concept of citizenry" which is a concept that transcends
the individuals and interest groups which represent its Constituent parts.

Within a civic society the delivery of programs to the public involves responsibilities which derive
from serving in the public interest. They do more than consult with stakeholders. Within a
democratic society the delivery of those services represents the transmission of the public will. A
public servant delivers a public good that expresses a public intent, and a public servant also has
access to the coercive powers of government in seeing a public policy thru to its implementation.

Because public servants have access to the coercive powers of government, watchdog groups and
the media expect public servants to be subject to a higher level of scrutiny than shareholders
expect of a company's general managers. The reason is that public servants must be held
accountable "to the people.

This accountability is often at the level of policy determination but does not preclude some
accountability at the implementation level. It is imperative that the policy decisions of government
are subject to scrutiny and public discussion, but it is dangerous if every act of policy
implementation is blocked. The public servant must be allowed to do their job, but they should do
more with the public interest in mind than blindly follow orders or see the job as nothing more than
crime fighting.

DUTY, DISCRETION, AND DISCRIMINATION

1. Duty consists of the responsibilities attached to a role;

2. Discretion is the ability to choose between two or more courses of action, and

3. Discrimination occurs when a group or individual is treated differently for no justifiable reason.
These three terms are discussed together because they shed light on the problem of what is the
right thing to do when it is so often the case in policing that there is no perfectly "right thing to do.
Take the duty to protect citizens, for instance.

A police officer's time is valuable, and short, little, by-the-book encounters probably don't fully do
justice to police duty in this respect. Because of either culture or policy, police cannot usually
promise to become personally involved or commit the resources of the department beyond what the
short encounter calls for. This can have negative consequences of unfulfilled duty when it comes to
domestic violence victims, for example. Any officer who takes seriously their duty to protect would
likely be over-involved (in their department's eyes), and be acting upon their personal ethics rather
than police ethics, and then the problem becomes what kind of personal ethics would help such an
officer survive the emotional turmoil that an attitude other than callousness provides.

How officers use their discretion (to file a report or not, to answer a call or not, to stop and
investigate or not) is likewise a matter involving personal ethics. Police discretion has been studied
at length (see as a matter of style (legalistic, watchman, or service) or personality type (idealist,
optimist, enforcer, realist), but the fact is that full enforcement of the law is impossible. Somebody
must be let go some of the time, so what criteria determine who and when? There is probably no
fair or just way to establish such criteria, and most observers simply describe two broad categories
of criteria, sometimes called "legal" and "extralegal" factors, as with the following examples for
traffic enforcement:

Ethical Criteria Unethical Criteria

How many miles over the speed limit Sexual attraction to motorist (or not)

Dangerousness of place (school zone, work Identity of the motorist

zone)
Race of the motorist
The excuse given (late for work, etc.)

The issue of fair criteria is more complex than these simple demarcations indicate. The police
culture again reinforces a consideration of the subject's demeanor - the citizen's attitude and
respect for the uniform. Some citizen’s fail to pass the attitude test, and others are so downright
happy to see the officer that they seem like police wannabes.

Of course, the wannabes are going to be let go, but does that mean every citizen has to love and
respect the police. No, it simply means that we often nave a basic norm of reciprocity, or etiquette,
taking place. What’s needed is a police ethics that coincides with a societal ethics based on
principles of reciprocity, like "I will do something for you that you would do for me.”

Discrimination often occurs in situations where there's no good solution, and no form of ethics
would be much help, whether it's societal ethics, role ethics, cultural ethics, or personal ethics.
Police often confront "shocking" situations that break new ground in their novelty and
outrageousness. It’s part of the thrill of being a police officer, seeing what new, weird thing is going
to happen next. Such situations often occur with sexual or racial overtones, and there's something
about these novel, spontaneous situations that seems to produce a kind of "police humor (evil
because it's new) of the situation. It's usually done on spur-of-the-moment. Yet, there is a pervasive
belief among the public that police regularly engage in racial profiling. Such perceptions have
resulted in laws being passed and data collection systems being put in that attempts to address the
mala nova
Corruption is a subtype of immorality, and all corrupt actions are a subtype of immoral action.
However, not all immorality is corruption, and not all immoral acts are corrupt acts. For example,
minor law-breaking by a police officer might count as immoral without being an act of corruption.
Also, negligent acts are sometimes immoral, but not necessarily corrupt. Corrupt acts have a
number of properties that other immoral actions do not possess, such as:

(1) Corruption involves manifestation of a regular disposition or habit on the part of the officer;

(2) Corruption exists when the law is seen as hopelessly inadequate and irredeemable, such as
when guilty offenders go unpunished; and

(3) Corruption is driven by narrow, personal or collective self-interest, such as the financial gain of a
group of employees or the career advancement of employee(s)

Definitions of Corruption

Goldstein (1977), - defines corruption as "misuse of authority for personal gain." Both elements
must be present for this definition to apply. In other words, there must be some misuse of authority
(malfeasance) and some personal gain.

McMullan (1961) - defines corruption as "accepting money or money's worth for doing something
under a duty not to do or to do anyway. This definition seems to get at misfeasance and
nonfeasance, and is generally regarded as relating to police "productivity" problems, or what is also
called the "selective non-enforcement" issue.

Lundman (1980) defines as "violations of conduct norms that are rarely enforced. This definition
seems ideal for analyzing situations where a police subculture is a culture within a culture, and
probably fits most any kind of malfeasance misfeasance, and nonfeasance. It has the advantage of
focusing on "conduct" or actual behavior.

Pay raises and meaningful career paths would go a long way at preventing corruption. So would
civilianization and the upgrading of educational qualifications. Job rotation is also a technique
managers might want to consider, as it moves employees around so that they don't spend time in
any one place.

Police deviance is a much broader term than corruption. It includes all activities which are
inconsistent with norms, values, or ethics (from a societal standpoint or even from the police
standpoint). A theorem in criminology IS that it's always fruitful to study when people not only break
society's norms, but the norms of their own social group too. The following definitions may be
helpful:

 Deviance - behavior inconsistent with norms, values, or ethics

 Corruption - forbidden acts involving misuse of office for gain

 Misconduct - wrongdoing violations of departmental procedures

 Favoritism - unfair "breaks to friends or relatives (nepotism)

Corruption is criminal conduct that can involve under-using one’s authority, overusing one's
authority, or profiteering via one's authority. The key element is misuse of official authority; the gain
can be personal or for the common good. Corruption is bad because it undermines integrity, the
state of policing being whole or undivided. Police misconduct is impropriety of office, not
misuse of authority. It's wrongdoing, the appearance of wrongdoing, or puzzling behavior that
violates standards usually set down in departmental policies and procedures, for good reasons, that
the employee may or may not be cognizant of. Misconduct is bad because it leaves the public free
to speculate and draw sweeping generalizations about the profession of policing as a whole.

Types of Police Deviance

1. Police Gratuity

2. Police Perjury

3. Police Brutality

3. Police Profanity

4. Sex on Duty or Duty-Related

5. Sleeping on Duty

6. Drinking & Abusing Drugs on or off Duty

7. Misuse of Confidential Information

POLICE GRATUITY

A gratuity is the receipt of free meals, services, or discounts. Nonfederal police usually do not
regard these as forms of corruption ('not another lecture on the free cup of coffee or police
discount'). These are considered fringe benefits of the job. Nevertheless, they violate the Code of
Ethics because they involve financial reward or gain, and they are corruption because the officer
has been placed in a compromising position where favors (a "fix) can be reasonably expected the
future. When there is an implied favor (a "wink and nod it's called "mooching". When the officer is
quite blatant about demanding free services, it's called "chiseling

Gratuities often lead to things like kickbacks (bribery) for referring business to towing companies,
ambulance, or garages. Further up the scale comes pilfering, or stealing (any) company s Supplies
for personal use. At the extreme, opportunistic theft takes place, with police officers skimming items
of value that won’t be missed from crime scenes, property rooms, warehouses, or any place they
have access to. Theft of items from stores while on patrol is sometimes called "shopping".

POLICE PERJURY

This is usually 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. Lies that
Miranda warnings have been given, when they haven't, are also typical. Lying in court is called
"testilying", and police can do it coolly; they’re trained witnesses.

Other actors in the system, supervisors and even judges are often aware of the perjury. They
pretend to believe police officers who they know are lying. Everybody's happy with the system. The
cop gets credit for a good bust; the supervisor's arrest statistics look good; the prosecutor racks up
another win; the judge gets to give his little lecture without endangering his reelection prospects,
the defense lawyer gets his fee in dirty money, and the public is thrilled that another criminal is off
the street (Dershowitz 1996).
Most perjury is committed by decent cops who honestly believe a guilty defendant will go free
unless they lie about something.

POLICE BRUTALITY

Brutality has been defined as excessive force, name calling, sarcasm, ridicule, and disrespect
(President's Commission 1967). Other commissions have simply used a vague definition as "any
violation of due process". Kania and Mackey's (1977) widely-regarded definition is "excessive
violence, to an extreme degree, which does not support a legitimate police function." When a
citizen charges police brutality, they may be referring to a number of things, including:

 profane or abusive language

 commands to move or go home

 field stops and searches

 threats of implied violence

 prodding with a nightstick or approaching with a pistol

 the actual use of physical force

Only the last one of these (unreasonable and unnecessary actual use of physical force) can be
considered police brutality. This is commonly expressed as "more than excessive force. Police
perjury and police brutality go hand in hand, as officers who commit brutality will most likely lie on
the stand to prevent the possibility of a lawsuit or departmental charges. The reasons why an
officer might engage in this kind of conduct are many:

1. A small percentage may have been attracted to police work for the opportunity to enjoy
physically abusing and hurting somebody

2. An officer may come to believe it's a jungle out there

3. An officer may be provoked and pushed beyond their endurance

The most common reason is occupational socialization and peer support. One common belief is
that it's necessary to come down hard on those who resist arrest because they may kill the next
police officer who tries to arrest them (so you have to teach them a lesson). Another practice is the
"screen test police jargon for applying the brakes on a police vehicle that the handcuffed prisoner in
back will be thrown against metal protective screen.

POLICE PROFANITYY

There are many reasons why a police officer would use obscene and profane language. Effective
use of verbal communication is one of the skills expected in police work. Concepts such as
"command voice and "command presence are routinely taught at police training academies. The
FCC specifically condemns certain words on radio and television that are "patently offensive", but
there's no such mechanism for determining what's offensive with interpersonal communication. The
following typology exists:

1. words having religious connotations (e.g., hell, goddamn)

2. words indicating excretory functions (e.g., shit, piss)

3. words connected with sexual functions (e.g., fuck, prick)

Generally, words with religious connotations are considered the least offensive and words
connected with sexual functions are considered the most offensive. It's commonly the case,
however, that use of such language by police officers is purposive and not a loss of control or
catharsis.

1. to gain the attention of citizens who may be less than cooperative

2. to discredit somebody or something, like an alibi defense

3. to establish a dominant-submissive relationship

4. to identify with an in-group, the offender or police subculture

5. to label or degrade an out-group

Of these, the last is of the most concern, since it may reflect the transition of prejudice to
discrimination, especially if racial slurs or epithets are involved. On the other hand, profanity or
innoculous purposes may very well be something that it is unrealistic to expect will go away in
policing or many other contexts.

SEX ON DUTY OR DUTY - RELATED

Contacts with promiscuous females and minimal supervision are part of the job. Sooner or later,
every police officer will be propositioned. There are a number or Women who are attracted to the
uniform or the aura of the occupation. Every police officer will be able to tell you stories about police
"groupies". These are women who make the rounds by waving at officers, getting them to stop or
pull over, and then set up meetings to have sex with them, or sometimes right then and there. A
woman such as this typically has sex with whole departments and hundreds of police officers.
Other situations involve

1. Traffic stops - to get a closer look at the female or information about her

2. Fox hunting - stopping college girls to get the I’ll do anything routine

3. Voyeurism- window peeping or interrupting lover’s lane couples

4. Victim re-contacts – consoling victims who have psychological needs

5. Opposite sex strip searches - touching and/or sex with jail inmates

6. Sexual shakedowns - letting prostitutes go if they perform sex acts

On occasion, one hears about "rogue" officers who coerce women into having sex on duty, "second
rapes” of crime victims, and school liaison officers involved with juvenile females, but such
instances are rare because of the penalties involved. When police sex cases come to the public
attention the department reaction is usually to reemphasize the code of ethics

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 back room of someplace the
officer has a key t0 and can engage in safe "cooping. Police officers who attend college during the
day or moonlight at other jobs in order to make a decent living are often involved in this kind of
conduct. Numerous court appearances during the day can also be a factor, along with the toll of
shift work.

Sleeping on duty, of course, is just an extreme example of goldbricking, the avoidance of work or
performing only the amount minimally necessary to satisfy superiors. Goldbricking can take many
forms: from ignoring or passing on calls for service to someone else; overlooking suspicious
behavior, or engaging in personal business while on duty.

DRINKING &ABUSING DRUGS ON OR OFF DUTY

There are endless opportunities to drink or take drugs while on duty, (e.g., Victim interviews,
shakedowns, contraband disposal), and the reasons for it are many: to get high, addiction, stress,
burnout, or alienation from the job. However, even in cases of recreational usage (which doesn't
exist, since officers are never off-duty or have any of their "own time"), the potential is there for
corruption. The officer must obtain the drugs from some intermediary, involve others in transactions,
and open the door to blackmail, shakedowns, rip-offs, and cover-ups. It sets a bad example for
public relations. It will affect judgment, and lead to the greater likelihood of deadly force or traffic
accidents. Alcohol and drug use tends to become a systemic problem; others become involved,
either supporting or condemning the user. Alcohol and drugs tend to be mixed by police officers
because there's more sub-cultural support for alcoholism; thus the abuser covers up the drug use
with alcoholism.

More intriguing is when the police become sellers or dealers of drugs. One occasionally hears
stories of officers selling drugs at rock concerts. The motivation here appears to be monetary gain
and greed, although there have been some attempts to claim stress or undercover assignment as a
defense. In cases were such officers have been disciplined, plea bargained or arbitrated, the courts
have not upheld a job stress/drug connection, although there is some precedent in rulings that job
assignment may be a factor in alcoholism.

MISUSE OF CONFIDENTIAL INFORMATION

This 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 their gang. The officer may be unaware that they are even engaging in this kind of
conduct which may involve "pillow talk" in some instances. Failed raids, for example, are often due
to a leak in the department.

In other cases, department resources, such as computer systems, may be used to produce criminal
history reports for "friends" of the department such as private detectives, consulting firms, or area
employers. Passwords can also slip out, granting access to computer network information. In rare
cases, police resources are put to use in blackmailing political figures. In general, however,
cracking down on secrecy violations has produced more problems than it has solved. Part of the
reason for the current fragmented condition of American law enforcement rests upon a false sense
of security derived from overdone needs for secrecy.

LAW ENFORCER

Law enforcer is one whose prime authority is to enforce law and whose constitutional duty is to
preserve peace, to defend and protect the people.
There are several law enforcement officers appointed and designated by operation of law. Police
officer is just one of them. Thus, there is indeed a clear delineation of duties and responsibilities,
and definition of jurisdiction in the application of their respective law enforcing authority.

As distinguished from other law enforcers, a police officer is a general law enforcer who executes
and enforces all existing general, local, special and penal laws other than those specifically and
exclusively assigned to other law enforcement agencies of the government.

HOW TO ENFORCE THE LAW

A law enforcer is presumed to know the law he has sworn to enforce, one must not be allowed to
exercise and perform the delicate duty as a law enforcer unless he knows how to enforce and
execute the law, including its boundaries and limitations otherwise, abuses, anarchy and
lawlessness shall prevail.

Law enforcers must:

1. Know the ability to learn how they are interpreted by the courts

2. Have the ability to learn how they are interpreted by the courts,

3. Know how to properly execute and enforce such laws;

4. Know how and when to properly effect the arrest of offenders

5. Have the technical and legal know-how to protect and defend the innocent from harassment, and
prosecute offenders who are probably guilty of a felony or a crime.

Unless the foregoing mandatory requirements are accomplished satisfactorily, a new graduate from
the police academy and other law enforcement training centers must not be allowed to join or be
appointed as a regular member of the Philippine National police or any law enforcement agency of
the government. To do otherwise is by itself a deliberate violation of the constitution, a disservice to
the people, and at their useless and unjustifiable expense and prejudice.

WHAT CAN BE DONE TO RESTORE ETHICS?

What can be done to restore ethics at your agency, at your classroom, at your home, or simply in
your day-to-day life, will depend on you.

Recommendations Essentials in Restoring Ethics (by Sam S Souryal):

1. Talk about ethics. Make it a household term. The power of ethics is the power of the truth. It will
make you a stronger as a person, as a criminal justice practitioner, and as an agent of change.

2. If you search for the truth, you will find it. Stick with principles, because anything that is not
grounded in principle is meaningless. Transcend opinions, beliefs, desires, conveniences, and most
certainly, political correctness. Do not suffice with half-truths or convenient compromises.

3. Demand ethical solutions to common problems. Do not succumb to social, legal, or

organizational clichés. In addition to laws and regulations, seek out what is right and avoid what is
wrong.
4. Create an environment conducive to civility everywhere you are. Set the tone for civil thoughts,
talks, and interactions. These can exhilarate your mind and soul. Be optimistic-it is better to light a
candle than to curse the darkness.

5. Do not laugh at unethical statements, stories, slurs, or jokes. They are not funny anymore.
Remember that little people laugh at little things, and the civilization of people is also measured by
what they do not laugh at.

6. Reinforce ethical principles by rewarding those who practice them, regardless of how minute the
practice is or how sympolic the reward may be.

7. Read philosophical literature and enjoy good books. They can reinforce your ethical stamina.
Refer them to your subordinates, colleagues, and superiors, so that they might grow along with you.

8. Monitor your commitment to justice, the summum bonum of all virtues. Test your sense of justice
by regularly examining your decisions-whom did they favor and whom they did not, and why.

9. Keep your soul active, clean, alert, and rejuvenated. Develop a passion for defending right
causes and denouncing wrong ones- especially if they do not involve you. It is more ethically
rewarding to defend others than to defend yourself.

10. Ethics must be rendered first and foremost by you. Others should account for their own actions.