Code of Conduct For Law Enforcement Officials

CODE OF CONDUCT FOR LAW
ENFORCEMENT OFFICIALS
(Adopted by the United Nations General

Assembly Resolution No. 34/169 of 17 Dec.
1979)
• Article 1 – Law enforcement officials shall at all times fulfill the duty imposed
upon them by law, serving the community and by protecting all persons
against illegal acts, consistent with the high degree of responsibility required
by their profession.
• Article 2 – In the performance of their duty, law enforcement officials shall
respect and protect human dignity and maintain and uphold the human rights
of all people.
• Article 3 – Law enforcement officials shall use force only when strictly
necessary and to the extent required for the performance of their duty.
• Article 4 – Matters of confidential nature in the possession of law
enforcement officials shall be kept confidential, unless the performance of duty
or the needs of justice strictly requires otherwise.
• Article 5 – No law enforcement official may inflict, instigate or tolerate any
act of torture or other cruel, inhuman or degrading treatment or punishment,
nor may any law enforcement official invoke superior orders or exceptional
circumstances such as a taste of war or a threat of war, a threat to national
security, internal political instability or any other public emergency as a
justification of torture or other cruel, inhuman or degrading treatment or
punishment.
• Article 6 – Law enforcement officials shall ensure the full protection of the
health of persons in their custody and, in particular, shall take immediate
action to secure medical attention whenever required.
• Article 7 – Law enforcement officials shall not commit any act of corruption.
They shall also rigorously oppose and combat all such acts.
• Article 8 – Law enforcement officials shall respect the law and the present
Code. They shall also, to the best of their capability, prevent and rigorously
oppose any violations of them.
REPUBLIC ACT 7438
AN ACT DEFINING CERTAIN
RIGHTS OF PERSON ARRESTED,
DETAINED OR UNDER CUSTODIAL
INVESTIGATION AS WELL AS THE
DUTIES OF THE ARRESTING,
DETAINING & INVESTIGATING
OFFICER; AND PROVIDING
PENALTIES FOR VIOLATIONS
THEREOF.
SECTION 1. STATEMENT OF POLICY.
• It is the policy of the State to value the

dignity of every human being and
guarantee full respect for human rights.
SECTION 2. RIGHTS OF PERSONS
ARRESTED, DETAINED, OR UNDER
CUSTODIAL INVESTIGATION; DUTIES
OF PUBLIC OFFICERS.
a. Any person arrested, detained or under

custodial investigation shall AT ALL
TIMES be assisted by Counsel.
Sec. 2 cont….
b. Any public officer or employee or anyone
acting under his order or in his place who
arrests, detains or investigates any person for
the commission of an offense shall INFORM
the latter, in a language known to and
understood by him, of his rights to remain
silent and to have competent and
independent Counsel, preferably of his
own choice, who shall at all times be allowed
to confer privately with the person arrested,
detained or under custodial investigation. If
such person cannot afford the services of his
own counsel, he must be provided with a
competent and independent counsel by the
investigating officer.
Sec. 2 cont….
c. The CUSTODIAL INVESTIGATION REPORT

shall be reduced to WRITING by the
investigating officer, provided that before
such report is signed, or thumbmarked if the
person arrested or detained does not know
how to read and write, it shall be read and
adequately explained to him by his counsel or
by the assisting counsel provided by the
investigating officer in the language or dialect
known to such arrested or detained person,
otherwise, such investigation report shall be
null and void and of no effect whatsoever.
Sec. 2 cont….
d. Any EXTRAJUDICIAL CONFESSION made

by a person arrested, detained or under
investigation shall be in WRITING and signed
by such person in the presence of his
counsel or in the latter’s absence, upon a
valid waiver, and in the presence of any of the
parents, elder brothers and sisters, his spouse,
the Municipal Mayor, the Municipal Judge,
District School Supervisor, or Priest of Minister
of the gospel as chosen by him; otherwise, such
extrajudicial confession shall be inadmissible as
evidence in any proceeding.
Sec. 2 cont….
e. Any waiver by a person arrested or

detained under the provisions of Article
125 of the Revised Penal Code, or under
custodial investigation, shall be in writing
and signed by such person in the
presence of his counsel; otherwise such
waiver shall be null and void and of no
effect.
Sec. 2 cont….
f. Any person arrested or detained or under

custodial investigation shall be allowed
visits by or conferences with any
member of his immediate family, or any
medical doctor or priest or religious
minister chosen by him or by any
member of his immediate family or by his
counsel, or by any national non-
governmental organization duly
accredited by the Office of the President
“CUSTODIAL INVESTIGATION”
As used in this Act, “CUSTODIAL

INVESTIGATION” shall include the
practice of issuing an “invitation” to a
person who is investigated in connection
with an offense he is suspected to have
committed, without prejudice to the
liability of the “inviting” officer for any
violation of law.
CRIMES PUNISHABLE UNDER THIS LAW
Sec. 4 (a) 7438 punishes 2 crimes of omission:
• 1. The crime of FAILING TO INFORM

the person arrested, detained, invited or
under custodial investigation of his right to
remain silent, and to have competent and
independent counsel of his own choice;
• 2. The crime of FAILING TO PROVIDE

A COMPETENT and INDEPENDENT
COUNSEL if the person arrested, detained,
invited or under custodial investigation
cannot afford the services of his counsel.
CRIMES PUNISHABLE UNDER THIS LAW
Sec. 4 (b) punishes a crimes by

commission:
• - by any person obstructs, prevents

or prohibits the VISITORIAL
RIGHTS of person arrested, detained,
invited or under custodial investigation.
Purpose of the law
The purpose of the law (RA 7438) is to ensure

that no violation of Section 12 (2), Art. III
of the Constitution, occurs:
• “No torture, force, violence, threat, intimidation,

or any other means which vitiate the free will
shall be used against him. Secret detention
places, solitary, incommunicado, or other similar
forms of detention are prohibited.”
MARAMING SALAMAT PO…!

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CODE OF CONDUCT FOR LAW

(Adopted by the United Nations General

• It is the policy of the State to value the

a. Any person arrested, detained or under

c. The CUSTODIAL INVESTIGATION REPORT

d. Any EXTRAJUDICIAL CONFESSION made

e. Any waiver by a person arrested or

f. Any person arrested or detained or under

As used in this Act, “CUSTODIAL

Sec. 4 (a) 7438 punishes 2 crimes of omission:

• 1. The crime of FAILING TO INFORM

• 2. The crime of FAILING TO PROVIDE

Sec. 4 (b) punishes a crimes by

• - by any person obstructs, prevents

The purpose of the law (RA 7438) is to ensure

• “No torture, force, violence, threat, intimidation,

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