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2 - Public Service Ethics and Accountability in Law Enforcement

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LESSON MANUSCRIPT

PUBLIC SERVICE ETHICS AND ACCOUNTABILITY IN LAW ENFORCEMENT

Ethics or moral philosophy is the branch of philosophy that involves systematizing,


defending, and recommending concepts of right and wrong conduct. The
term ethics derives from the Ancient Greek word ἠθικός ethikos, which is derived from
the word ἦθοςethos (habit, "custom"). The branch of philosophy axiology comprises the
sub-branches of ethics and aesthetics, each concerned with values.

A system of moral principles governing the appropriate conduct for a person or group.

A study of morality’s effect on conduct: The study of moral standards and how they
affect the conduct.

ARTICLE III : PROFESSIONAL CONDUCT AND ETHICAL

STANDARDS

SECTION 1 : Standard of Police Professionalism

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

SECTION 2 : Police Professional Conduct

All members of the PNP shall observe the following conduct:

2.1 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.

2.2 Commitment to Public Interest

Members shall always uphold Public Interest over and above personal
interest. All government property, resources and power of their
respective offices must be employed and used effectively, honestly and
efficiently, particularly to avoid wastage of public funds and revenues.

2.3 Non-Partisanship

PNP members shall provide services to everyone without discrimination


regardless of parties affiliation in accordance with existing laws and
regulation.

2.4 Physical Fitness and Health

All PNP members shall thrive to be physically and mentally fit and 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.

2.5 Secrecy Discipline

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All PNP members shall guard the confidentiality of classified information
and unauthorized disclosure, including confidential aspects of official
business, special order, communication and other documents, roster or
any portion thereof of the PNP, contents of criminal records, identity of
persons who may have given information to the police in confidence and
other classified information on intelligence materials.

2.6 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.

2.7 Non Solicitation of Patronage

All members shall seek development and shall not directly or indirectly
solicit influence or recommendation from politician, high ranking
government officials, prominent citizens, person affiliated with civic or
religious organization 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 citizen 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.

2.8 Proper care and Use of Public Property

PNP members shall be responsible for the security, property care and use
of public property issued to them and/or deposited under care and
custody. Unauthorized use of public property for personnel convenience
or gain and that of their families, friends, or relatives is strictly prohibited

2.9 Respect for Human Rights

In the performance of duty, PNP members shall respect and protect


human dignity and uphold the human rights of all person. No member
inflict, instigate or tolerate extra-judicial killings, arbitrary arrests, any act
or torture or other cruel, inhuman or degrading treatment or punishment,
and shall not invoke superior order or exceptional circumstances such as
a state of war, a threat to national security, internal political instability or
any public emergency as a justification for committing such human rights
violation.

2.10 Devotion to Duty

All PNP members shall perform their duties with dedication,


thoroughness, efficiency, enthusiasm, determination, and manifest
concerns for public welfare, and shall refrain from engaging in any
activity which shall in conflict with their duty as public servant.

2.11 Conservation of Natural Resources

All members shall help in the development and conservation of all natural
resources for ecological balance and prosperity as these are the alienable
heritage of our people.

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2.12 Discipline

They shall conduct themselves at all times in keeping with the rules and
regulations of the organization.

2.13 Loyalty

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

2.14 Obedience to Superiors

All members shall obey lawful orders and be courteous to superior


officers and other appropriate authorities within the chain of command.

2.15 Command Responsibility

In accordance with the doctrine on Command Responsibility, immediate


commanders 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 safe guard against losses thru illegal or improper
disposition.

SECTION 3 : Ethical Standards

Shall refer to established and generally accepted moral values. Ethical


act to be observe are the following:

3.1 Morality

All PNP members 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-refute or
illegal gambling den or other places devoted to vices; nor shall they
patronize such places unless on official duty, and tolerate operation of
such establishments in their respective areas of responsibilities. They
shall be faithful to their lawfully weeded spouses.

3.2 Judicious use of Authority

PNP members shall exercise proper and legitimate use of authority in the
performance of duty.

3.3 Integrity

PNP members shall not allow themselves to be victim of corruption and


dishonest practices in accordance with the provision of RA 6713 and
other applicable laws.

3.4 Justice

PNP members shall strive constantly to respect the rights of others so


that they can fulfil their duties and exercise their rights as human being,

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parents, children, citizens, workers, leaders, or in other capacities and to
see to it that others do likewise.

3.5 Humility

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

3.6 Orderliness

All PNP members shall follow logical procedures in accomplishing tasks


assigned to them to minimize ways in the use of time, money and effort.

3.7 Perseverance

Once a decision is made, all PNP members 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.

REPUBLIC ACT NO. 6713

AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC


OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED PRINCIPLE OF PUBLIC OFFICE
BEING A PUBLIC TRUST, GRANTING INCENTIVES AND REWARDS FOR EXEMPLANARY
SERVICE, ENUMERATING PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress


assembled:

SECTION 1. Title. – This Act shall be known as the “Code of Conduct and Ethical Standards
for Public Officials and Employees.”

SECTION 2. Declaration of Policy. – It is the policy of the State to promote a high standards
of ethics in public service. Public Officials and employees shall at all times be accountable to the
people and shall discharge their duties with utmost responsibility, integrity, competence, and
loyalty, act with patriosm and justice, lead modest lives, and uphold public interest over
personal interest.

SECTION 3. Definition of Terms. – As used in this Act, the term:

(a) “Government” includes the National Government, the local governments, and all
other instrumentalities, agencies or branches of the Republic of the Philippines
including government-owned or controlled corporations, and their subsidiaries.
(b) “Public Officials” include 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.
(c) “Gift” refers to a thing or a right disposed or graciously, or any act of liberality, in
favor of another who accepts it, and shall include a simulated sale or an ostensibly

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onerous disposition thereof. It shall not include an unsolicited gift nominal or
insignificant value not give in anticipation of, or in exchange for a favor from public
official or employee.
(d) “Receiving any gift” includes the act of accepting, directly or indirectly, a gift from a
person other than a member of his 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 in exchange for, a favor.
(e) “Loan” covers simple loan and commodatum as well as guarantees, financing
arrangements or accommodations intended to ensure its approval.
(f) “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.
(g) “Family of public officials or employees” means their spouses and unmarried children
under eighteen (18) years of age.
(h) “Person” includes natural and juridical persons unless the context indicates
otherwise.
(i) “Conflict of Interest” arises when a public official or employee is a member if a
board, an officer, or a substantial stockholder of a private corporation or owner or
has a substantial interest in a business and the interest of such corporation or
business, or his rights or duties therein, may be opposed to or affected by the
faithful performance of official duty.
(j) “Divestment” is the transfer title or disposed of interest in property by voluntarily,
completely and actually depriving or dispossessing oneself of his right or title to it in
favor of a person’s other than his spouse and relatives as defined in this Act.
(k) “Relatives” refer to any and all persons related to a public official or employee within
the fourth civil degree of consanguinity or affinity, including bilas, inso and balae.

SECTION 4. Norms of Conduct of Public Officials and Employees.

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

(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, particularly 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
peddles of undue patronage.

(c) Justness and sincerity. – Public officials and employees shall remain true 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

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their relative’s whether by consanguity or considered strictly confidential or as a
members of their personal 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 on their policies and procedures in clear and understandable language,
ensure openness of information, public consultations and hearing 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 to 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 extravagant
or ostentatious of wealth in any form.

(B) The Civil Service Commission shall adopt positive measures to promote (1)
observance of these standards including the dissemination of information programs and
workshops authorizing merit increases beyond regular progression steps, to a limited
number of employees recognized by their office colleagues to be outstanding in their
observance of ethical standards; and (2) continuing research and experimentation on
measures which provide positive motivation to public officials and employees in raising
the general level of observance of these standards.

SECTION 5. Duties of Public Officials and Employees. – In the performance of their


duties, all officials and employees are under obligation to:

(a) Act promptly on letters and request. – All public officials and employees shall, within
fifteen working days from receipt thereof, respond 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 of government-owned or controlled

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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
reports 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 (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 personal 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 made
accessible to, and readily available for inspection by the public within reasonable
working hours.

SECTION 6. System of Incentives and Rewards. – A system of annual incentives and


rewards is hereby established in order to motivate and inspire public servants to uphold the
highest standards of ethics. For this purpose, a Committee on Awards to Outstanding Public
Officials and Employees is hereby created composed of the following: the Ombudsman and
Chairman of the Civil Service Commissions as Co-Chairman, and the Chairman of the
Commissions on Audit, and two government employees to be appointed by the President, as
members.

It shall be task of this Committee to conduct a periodic, continuing review of this performance
of public officials and employees, in all the branches and agencies of Government and establish
a system of annual incentives and rewards to the end that due recognition is given to the public
officials and employees of outstanding merit on the basis of the standards set forth in this Act.

The conferment of awards shall take into account among other things, the following: the years
of service and the quality and consistency of performance, the obscurity of the position, the
level of salary, the unique and exemplary quality of a certain achievement, and the risk or
temptations inherent in the work. Incentives and rewards to government officials and
employees of the year to be announced in public ceremonies honoring them, may take the form
of bonuses, citations, directorships in government-owned or controlled corporations, local and
foreign scholarship grants, paid vacations, and the like. They shall likewise be automatically
promoted to the next higher position with the commensurate salary suitable to their
qualifications. In case there is no next higher position or it is not vacant, said position shall be
included in the budget of the office in the next General Appropriations Act. The Committee on
Awards shall adopt its own rules to govern the conduct of its activities.

SECTION 7. Prohibited Acts and Transactions. – In addition to acts and omissions of


public officials and employees now prescribed in the Constitution and existing laws, the
following shall constitute prohibited acts and transactions of any public employee and are
hereby declared to be unlawful:

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(a) Financial and material interest. – Public officials and employees shall not, directly or
indirectly, have any financial or material interest in any transaction requiring the
approval of their office.

(b) Outside employment and other activities related thereto. – Public officials and
employees during their incumbency shall not:

(1) Own, control, manage or accept employment as officer, employee, consultant,


counsel, broker, agent, trustee or nominee in any private enterprise regulated,
supervised or licensed by their office unless expressly allowed by the law.

(2) Engage in the private practice of their profession unless authorized by the
Constitution or law, provided that such practice will not conflict with official
functions; or

(3) Recommend any person to any position in a private enterprise which has a
regular or pending official transaction with their office.

These prohibitations shall continue to apply for a period of one (1) year after
resignation, retirement or separation from public office, except in the case of subparagraph (b)
(2) above but professional concerned cannot practice his profession in connection with any
matter before the office be used to be with, in which case the one-year prohibitation shall
likewise apply.

(c) Disclosure and or misuse of confidential information. – Public officials and employees
shall not use or divulge, confidential or classified information officially known to
them by reason of their office and not made available to public either;

(1) To further their private interest, or give undue advantage to anyone; or

(2) To prejudice the public interest.

(d) Solicitation or acceptance of gifts.- Public officials and employees shall not solicit or
accept directly or indirectly, any gift gratuity, favor, entertainment, loan or anything
of monetary value from any person in the course of their official duties or in
connection with any operation being regulated by or in any transactions which be
affected by the functions of their office.

As to gift or grants from foreign governments, the Congress consents to –

(i) The acceptance and retention by a public official or employee of a gift of nominal
value rendered and received as a souvenir or mark of courtesy;

(ii) The acceptance by a public official or employee of a gift in the nature of a


scholarship or fellowship grant medical treatment; or

(iii) The acceptance by a public official or employee of travel grants or expenses for
travel taking place entirely outside the Philippines (such as allowances, transportation,
food, and lodging) or more than nominal value if such acceptance is appropriate or
consistent with the interest of the Philippines. And permitted by the head of office,
branch or agency to which he belongs.

The Ombudsman shall prescribe such regulations as may be necessary to carry out the
purpose of this subsection, including pertinent reporting and disclosure requirements.

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Nothing in this Act shall be constructed to restrict or prohibit any educational, scientific
or cultural exchange programs subject to national security requirements.

SECTION 8. Statements and Disclosure. – Public officials and employees have an


obligation to accomplish and submit declarations under oath of, and the public has the right to
know, their assets, liabilities, net worth and financial and business interest including those of
their spouses and unmarried children under eighteen (18) years of age living in their
households.

(A)Statement of Assets and Liabilities and Financial Disclosure. – Public officials


and employees, except those who serve in an honorary capacity, laborers and casual
or temporary workers, shall file under oath their Statement of Assets, Liabilities and
Net Worth and a disclosure of Business Interest and Financial Connections and those
of their spouses and unmarried children under eighteen (18) years of age living in
their households.

The two documents shall contain information on the following:

(a) Real property, its improvements, acquisition costs, assessed value and current
fair market value;
(b) Personal property and acquisition costs;
(c) All other assets such as investments, cash on hand or in banks, stock, bonds,
and the like;
(d) Liabilities; and;
(e) All business interests and financial connections.

The documents must be filed:

(a) Within thirty (30) days after assumption of office.


(b) On or before April 30, of every year thereafter; and
(c) Within thirty (30) days after separation from the service.

All public officials and employees required under this section to file the afore stated
documents shall also execute within thirty (30) days from the date of their assumption of office,
the necessary authority in favor of the Ombudsman to obtain from all appropriate government
agencies, including the Bureau of Internal Revenue, such documents as may show their
liabilities, net worth, and also their business interests and financial connections in previous
years, including, if possible the year when they first assumed any office in the government.

Husband and wife who are both public officials and employees may file the required
statements jointly or separately.

The statements of Assets, Liabilities and Net Worth and the Disclosure of Business
Interests and Financial Connections shall be filed by:

(1) Constitutional and national elective officials, with the national office of the
Ombudsman

(2) Senators and Congressmen, the Secretaries of the Senate and the House of
Representatives, respectively; Justices, with the Clerk of Court of the Supreme
Court; Judges, with the Court Administrator; and all national executive officials with
the Office of the President;

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(3) Regional and local officials and employees, with the Deputy Ombudsman in their
respective regions;

(4) Officers of the armed forces from the rank of colonel or naval captain, with the
Office of the President, and those below said ranks, with the Deputy Ombudsman in
their respective regions; and

(5) All other public officials and employees, defined in Republic Act No. 3019, as
amended, with the Civil Service Commission.

(B)Identification and disclosure of relatives. – It shall be the duty of every public


official or employee to identify and disclose to the best of his knowledge and
information, his relatives in the government in the form, manner and frequency
prescribed by the Civil Service Commission.

(C)Accessibility of documents. – (1) Any and all statements filed under this Act,
shall be made available for inspection at reasonable hours.
(1) Such statements shall be made available for copying or reproduction after ten
(10) working days from the time they are filed as required by law.
(2) Any person requesting a copy of a statement shall be required to pay a
reasonable fee to cover the cost of reproduction and mailing of such statement,
as well as the cost of certification.
(3) Any statement filed under this Act shall be available to the public for a period of
ten (10) years after receipt of the statement. After such period, the statement
may be destroyed unless needed in an ongoing investigation.

(D) Prohibited acts. – It shall be unlawful for any person to obtain or use any
statement filed under this Act for:

(a) Any purpose contrary to morals or public policy; or


(b) Any commercial purpose other than by news and communications media for
dissemination to the general public.

SECTION 9. Divestment. – A public official or employee shall avoid conflicts of interest at all
times. When a conflict of interest arises, he shall resign from his position in any private business
enterprises within thirty (30) days from his assumption of office and/or divest himself of his
shareholdings or interest within sixty (60) days from such assumption. The same rule shall
apply where the public official or employee is a partner in a partnership.

The requirement of divestment shall not apply to those who deserve the Government in
an honorary capacity not to laborers and casual or temporary workers.

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