Chapter II
RIGHT
• Anything that is owed or due
• Something to which a person has a just and lawful claim
• Anything that a person can lawfully demand.
HUMAN RIGHTS
• Right pertaining to the rights of man.
• Rights inherent to man by virtue of being human being are the supreme,
inherent and inalienable rights to life, dignity and to self- development
SUPREME RIGHTS – highest form of rights e.g. Right to life and liberty
INHERENT RIGHTS- rights attached to men as human e.g. right to pursuit
happiness
INALIENABLE RIGHTS- rights that cannot be transferred, cannot be borrowed
and cannot be taken away.
BASIC HUMAN RIGHTS
1. RIGHT TO LIFE- a legal and moral principle in the Philippines.
Article III, Section 1: No person can be taken of their life without due
process of law
Exceptions:
• Self-defense
• Death under exceptional circumstances
• Death penalty
2. RIGHT TO LIBERTY- protected by the Constitution and other human
rights documents.
e.g. Due process, Liberty of abode, right to travel, Privacy
Exceptions:
• For reasons of public health and public safety
• Penalty for commission of a crime
• Circumstances of warrantless arrest
3. RIGHTS TO PROPERTY- Property owners have the right to use and
dispose of their property, but there are limitations.
e.g. Exclusive possession, right to use, right to enjoy and dispose
Exceptions:
• Circumstances of warrantless search by virtue of court order
BILL OF RIGHTS
• A list of individual liberties, freedom and rights which are guaranteed and
protected under Article III of the 1987 Philippine Constitution.
• Protection of individuals against abuses of the state
• Protection of the rights of an accused
DUTY
• Anything we are obliged to do or omit
• A moral obligation incumbent upon a person of doing, omitting or avoiding
BACKGROUND ON THE PNP CODE OF PROFESSIONAL CONDUCT AND
ETHICAL STANDARDS
INTRODUCTION
Professional conduct and ethical standards and a high degree of honesty are
more essential for officers and members of Philippine National Police (PNP) than
for any member of the society. Why?
This is so, because they are entrusted with the enforcement of the rules,
regulations and ordinances created by City/Municipality and the laws of the land
created by the Congress that guide the conduct of society. A policemen’s
violation or infraction thereof, or his failure to enforce it, dishonor the law and
the authority he represents.
SECTION 37, RA 6975
• “There shall be established a performance evaluation system which shall be
administered in accordance with the rules, regulations and standards, and A
CODE OF CONDUCT promulgated by the Commission for members of the
PNP.”
NAPOLCOM RESOLUTION NO 92-4
• Resolution issued by the NAPOLCOM approving the draft of the Philippine
National Police Code of Professional Conduct and Ethical Standards by the
PNP.
• Approved on 12 March 1992
PURPOSES OF THE CODE
• 1) To foster individual efficiency, behavioral discipline and organizational
effectiveness, as well as respect for constitutional and human rights of
citizens, democratic principles and ideals and the supremacy of civilian
authority over the military.
• 2) To set the moral tone and norms of professional conduct in the police
service
• 3) To provide moral and ethical guidance to all PNP members, and
• 4) To enlighten members of the police service of what behavior is acceptable
to define what is permitted and what is prohibited.
IMPORTANT TERMS
1. Police Ethics- It is the practical science that treats the principle of human
morality and duty as applied to law enforcement.
2. Moonlighting- An act of a member of the PNP pursuing or following any
calling or occupation, or the act of engaging in any business, which includes
but not limited to all activities, jobs, work, and similar functions, performed,
engaged in or undertaking by him the PNP duties or functions. Such as a
bouncer, security guard, driver, bodyguard, confidential agent, watchman
and any other occupations of similar nature, in any enterprise or
establishment, public or private, which will prejudice the interest of law
enforcement and public safety.
3. Ethical standard – it refers to the set of conducts and behavior governing a
group, a class or organization.
4. Police customs and social decorum
Customs Established usage or social practices carried on by tradition that
have obtained the force of law.
e.g. salute (custom on courtesy)
Social decorum a set of norms and standards practiced by members
during social and other functions. E.g. proper attire, table manners
5. Nonfeasance/Neglect of Duty- It is the omission of some act, which ought
to be performed. It is the omission or refusal without sufficient excuse, to
perform an act or duty, which as a peace officer’s legal obligation to perform.
E.g. failure to effect arrest upon a person caught “in flagrante
delicto”
6. Misfeasance/Irregularities in the Performance of Duty- It is the
improper performance of some act which might lawfully be done.
7. Malfeasance- It is the performance of some act which ought not to be done.
It is the doing either through ignorance, inattention or malice, of that which
the officer had no legal right to do at all, as when he acts without any
authority whatsoever, or exceeds, ignores, or abuses his powers.
E.g. Police investigator accepting bribe from a suspect
8. Incompetency- It is the manifest lack of adequate ability and fitness for the
satisfactory performance of police duties. This has reference to any physical
and intellectual quality, the lack of which substantially incapacitates one to
perform the duties of peace officers.
9. Oppression- Imports an act of cruelty, severity, unlawful execution, or
excessive use of authority.
10. Dishonesty- It is the concealment or distortion of truth in a manner
of a fact relevant to one’s office or connected with the performance of his
duties.
11. 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.
12. Public official- Includes elective and appointive officials and
employees, permanent or temporary, whether in the career or non-career
service, including military and police personnel, whether they receive
compensation or not, regardless of amount.
13. Public Officer or Employee- It means any person holding any public
office or employment by virtue of an appointment, election or contract, and
any person holding any office or employment, by appointment or contract in
any state-owned or controlled corporation.
14. Gift- It refers to the thing or right disposed gratuitously, or any act of
liberality in favor of another who accepts it and shall include a
simulated sale or ostensibly onerous disposition thereof. It shall not
include an unsolicited gift of nominal or insignificant value not given in
anticipation of, or in exchange for a favor.
15. Police discretion- The act or the liberty to decide according to the
principles of justice and the police officer’s ideas of what is right and proper
under the circumstances.
LAWS RELATED TO THE PNP CODE
• RA 3019- Anti-Graft and Corruption Practices Act.
• RA 6713- Code of Conduct and Ethical Standards for Public Officials
and Employees
• RA 7080- Anti- Plunder Act
• RA 9485- the ANTI-Red Tape Act of 2007
• PLEB Rules and Regulations