Professional Conduct and Ethical Standard

FINALS

Code of Conduct and Ethical Standards for Public Officials and Employees
(Republic Act No. 6713 – February 20, 1989)

An act establishing a code of conduct and ethical standards for public officials and
employees, to uphold the time-honored trust, granting incentives and rewards for
exemplary service, enumerating prohibited acts and transactions and providing penalty for
violations thereof and for other purposes

It is the policy of the state to promote high standard 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 patriotism and justice,
lead modest lives and uphold public interest over personal interest.

Definition of terms

 Government – includes 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.

 Public officials – includes appointive and elective officials and employees 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 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 or nominal or insignificant
value not given in anticipation of, or in exchange for a favor from a public official of
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 as defined in this act, even on the
occasion of a family celebration or national festivity like Christmas, if the value of the
gift is neither nominal or significant or the gift is given in anticipation of or in exchange
for a favor.

 Loan – covers both simple loan and commodatum as well as guarantees, financing
arrangements or accommodations intended to ensure its approval.

 Family of public officials or employees – means their spouses and unmarried children
under 18 years of age.

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

officer or substantial stockholder of a private corporation or owner or has 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.

 Relatives – refers 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.

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 ad execution of official duties:

1. 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.

2. Professionalism – public official 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.

3. 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 underprivileged. They shall at all times respect the rights
of other 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 with respect to appointments of such relatives to positions considered
strictly confidential or as member of their personal staff whose terms are coterminous
with heirs.

4. Political neutrality – public officials and employees shall provide service to everyone
without unfair discrimination and regardless of party affiliation or preference.

5. 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, 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.

6. 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 endeavour to maintain and defend Philippine sovereignty against foreign
intrusion.

7. 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.

8. Simple living - public officials and employees and their families shall led modest lives
appropriate to their positions and income. They shall not indulge in extravagant or
ostentatious display of wealth in any form.

B. The Civil Service Commission

1. Observance of these standards

2. Continuing research and experimentation on measures

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

1. Act promptly on letter and request – all public officials and employees shall, within 15
working days from receipt thereof, respond to letters, telegrams or other means of
communications sent by public. The reply must contain the action taken on the request.

2. Submit annual performance reports – all heads or other responsible officers of offices and
agencies of the government or GOCC shall, within 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 public within regular office hours.
 3. 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 signatories.

4. Act immediately on the public’s personal transactions – all public officials or 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.

5. 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.

The conferment of awards shall take into account, among other things, the following:
System of incentives and rewards

1. Years of service and the quality and consistency of performance, the obscurity of the
position
2. Level of salary
3. Unique and exemplary quality of a certain achievement
4. Risks or temptations inherent in the work

Prohibited acts and transactions

1. 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.

2. Outside employment and other activities related thereto - public officials and employees
during their incumbency shall not:

 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 law.
 Engage in the private practice of their profession unless authorized by the
constitution or law provided, that such practice will not conflict or tend to conflict
with their official functions.
 Recommend any person to any position in a private enterprise which has a regular
or pending official transaction with their office.

3. 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:

 To further their private interest or give undue advantage to anyone or

 To prejudice the public interest

4. Solicitation or acceptance of gifts - public officials and employees shall not solicit or accept,
directly or indirectly, any gift, gratuity, favour, entertainment, loan or anything monetary value
from any person in the course of their official duties or in connection with any operation being
regulated by or transaction of their office.

Statement 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 of unmarried
children under 18 years of age living in their households.

Statements of assets and liabilities and financial disclosure – all public officials and
employees except those who serve in an honorary capacity, laborers and casual or temporary
workers, shall file under oath of their statement of assets liabilities and net worth (SALN) and a
disclosure of business interest and financial connections and those of their spouses and
unmarried children under 18 years of age living in their households.

The two documents shall contain information of the following:

  Real property, its improvements, acquisition cost, assessed value and current fair market
value
 Personal property and acquisition cost
 All other assets such as investments, cash on hand or in banks, stocks, bonds and the like
 Liabilities
 All business interest and financial connections

The documents must be filed:

 Within 30 days after assumption of office

 On or before April 30, of every year thereafter and
 Within 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 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
assets, liabilities, net worth, and also their nosiness interest 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.

Law Enforcement Code of Ethics - The law enforcement code of ethics is such a guide.

Sir Robert peel of England metropolitan police in 1829 introduce the following principles
of code of ethics.

 Father of law enforcement

 Principles of policing :

1. Police should always direct their actions strictly towards their functions and never appear
to usurp the powers of the judiciary.
2. The basic mission for which the police exist is to prevent crime and disorder.
3. The ability of the police to perform their duties is dependent upon public approval of
police actions.
4. The test of police efficiency is the absence of crime and disorder not the visible evidence
of police action in dealing with it.
5. The degree of cooperation of the public in voluntary observance of the law to be able to
secure and maintain the respect of the public.

Law enforcement code of ethics

1. As a law enforcement officer, my fundamental duty is to serve mankind

2. To safeguard lives and property, to protect the innocent against deception, the weak
against oppression or intimidation and the peaceful against violence or disorder
3. To respect the constitutional rights of all men to liberty equality and justice
4. I will keep my private life unsullied as an example to all
5. Maintain courageous calm in the face of danger, scorn or ridicule and develop self-
restrain
6. Whatever I see or hear of a confidential nature or that is confided to me in my official
capacity will be kept secret unless revelation is necessary in the performance of my duty.
7. I will never permit personal feelings, prejudice animosities or friendships to influence my
decisions
8. I will never act officiously
9. With no compromise for crime and with relentless prosecution of criminals I will enforce
the law courteously and appropriately without fear or favour malice or ill will
10. I will never accept gratituties
 11. I will never employ unnecessary force or violence I recognize the badge of my office as a
symbol of public faith and I accept it as a public trust to be held so long as I am true to
the ethics of police service.
12. I will constantly strive to achieve these objectives and ideals dedicating myself before
god to may chosen profession law enforcement.

Law enforcement oath of office

 The oath of office lays the groundwork for instilling ethical behaviour, but it doesn’t stop
there most agencies codify those practices that they hope to promote and those they
expect officers to avoid to help guide them toward ethical decision making.
 Of course, the oath contains provisions about protecting, upholding and defending the
Constitution of their country.
 Officers swear to be honest, upstanding citizens.
 Understood within the concept of acting honorably is the idea that officers should own up
to their mistakes.

Police ethics and decision making – for those situations that may prove difficult for officers,
several test can be applied to help in the ethical decision-making process.

The critical thinking test – yes or no

 Is my action legal
 Will the end result be good?
 Will it work
 Is there a better less harmful way to achieve the same goal
 Will my decision undermine or contradict another equally important principle?
 Can my decision be justified if it is made public?
 Even if the end result is good, do the means violate an ethical principle

The media test – the media test recognizes that the public does not always see things the same
way the law enforcement community does. It takes into consideration that, because becoming a
police officer ultimately means becoming a public servant, the law enforcement must be
cognizant of what the public’s perceptions are regarding police both on and off the job.

The gut test – essentially, the gut test relies on the principle that if it feels wrong, it probably is
wrong. This is not to be confused with the difference between feeling good and bad but between
right and wrong.

Working to make a difference – police must work together to be the officers that the public
demands and expects them to be. They must lead by example following the principles of policing
and they must make the hard choices to do the right thing under every circumstance.

The police code of ethics – code of ethics are institutional guidelines used to further reinforce
ethical conduct by practitioners. They are not constructed as detailed means of resolving every
ethical problem but as general principles that illuminate moral choice.

Functions of codes

1. They provide moral guidelines for practitioners of criminal justice. As such, they
constitute moral obligations that should be met and moral qualities that should be
emulated. Furthermore, they prescribe professional standards of conduct necessary for the
ethical enlightenment of practitioners if they are to lead a professional career.
2. Codes of ethics define professional behavior in the workplace. When practitioners adhere
to a code of ethics the result is an environment that is conductive to require them to do
without supervision.

Two main virtues cultivated by codes of ethics

1. Ethics of public service
2. Ethics of professionalism
Canons of police ethics

1. Attitude toward police profession

2. Impartial presentation of service
3. Firmness in refusing gifts or favors
4. Conduct in arresting law violation
5. Conduct towards the community
6. Proper conduct and behavior
7. Cooperation with public officials
8. Use of proper means to obtain proper ends
9. Knowledge of the law and other responsibilities
10. Limitation of police authority

Primordial police responsibility – objective upholder of the law must know its limitation upon
him in enforcing the laws.

1. He must be aware of the limitations which the people through law, have place upon him
2. He must recognize the center of the democratic system of government which gives no
person or group persons absolute power
3. He must ensure that he does not pervert its true character

Knowledge of the law and other responsibilities

1. The policeman shall assiduously apply himself to the principle of the laws which he is
sworn to apply.
2. He will make certain of his responsibilities in the particular field of enforcement seeking
and of his superior in matters technically or in principle are not clear to him.
3. He shall make special effort to fully understand his relationship with other law
enforcement agencies particularly on matter of jurisdiction both geographically and
substantive.

The Philippine National Police Code of Professional Conduct and Ethical Standards
Important terms:
Definition of terms:

1. Neglect of duty or nonfeasance – is the omission or refusal without sufficient cause 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
4. Misfeasance – 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. (Improper search and seizure, unsafe
operation of motor vehicle)
5. In-competency – is the manifest lack of adequate ability and fitness for the satisfactory
performance of police duties.
6. Oppression – it imports an act of cruelty, severity, unlawful execution, domination or
excessive use of authority.
7. 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.
8. Disloyalty to government – consist of abandonment or renunciation of one’s loyalty to
the government of the Philippines or advocating to overthrow the government.
9. Violation of law – presupposes conviction in court of any crime of offenses penalized
under the Revised Penal Code or Special law.