CRI225 ULOB SIM PDF

Big Picture in Focus: ULOb. Explain important provision of Republic Act no. 6713 Code of Conduct and Ethical Standards for Public Officials and Employees Metalanguage For you to better understand ULOb, you will need to have an operational understanding of the...

Big Picture in Focus: ULOb. Explain important provision of Republic Act no. 6713 Code of Conduct and Ethical Standards for Public Officials and Employees Metalanguage For you to better understand ULOb, you will need to have an operational understanding of the following terms below. Please note that you will also be required to refer to the previous definitions found in ULOa section. ✓ Public Officials includes 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. ✓ Gift refers to a thing or a 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 of nominal or insignificant value not given in anticipation of, or exchange for, a favor from a public official or 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, even on the occasion of a 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 exchange for, a favor. ✓ Family of public officials or employees means their spouses and unmarried children under eighteen (18) years of age. ✓ Conflict of interest arises when a public official or employee is a member of a board, an officer, or a substantial stockholder of a private corporation or owner or has a considerable 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. ✓ Divestment is the transfer of title or disposal of an interest in the property by voluntarily, entirely and depriving or dispossessing oneself of his right or title to it in favor of a person or persons other than his spouse and relatives as defined in this Act. ✓ Ethical Standard. It refers to the conduct and behavior governing a group, a class, or organization. ✓ Morals and morality. It refers to what is judged as good conduct. The term moral is also used to describe someone who can make value judgments and discernment from wrong. ✓ Police Ethics. It is the practical science that treats the principle of human morality and duty as applied to law enforcement. ✓ Professional Conduct. It refers to the set of the behavioral standard governing particular profession or professionals. ✓ Commitment to Public Interest. All 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. ✓ Professionalism. All 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 peddlers of undue patronage. ✓ Commitment to Public Interest. All 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.  ✓ Professionalism. All 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 peddlers of undue patronage. Essential Knowledge The topics that are presented from this chapter will discuss the nature, concept and some important provisions of RA 6713 Code of Conduct and Ethical Standards for Public Officials and its employees.Please note that you are not limited to exclusively refer to the resources. Thus, you are expected to utilize other books, research articles and other resources that are available in the university’s library e.g. ebrary, search.proquest.com etc. 1. Professional Conduct. Professional conduct is the field of regulation of members of professional bodies, either acting under statutory or contractual powers. Historically, professional conduct was wholly undertaken by the private professional bodies, the sole legal authority for which was of a contractual nature. Professional conduct involves ethics, morals, standard behavior. Being a professional it is necessary for all to maintain his ethical behavior most especially those people who are working in the government service. 2. Importance of a Police Professional Conduct. The importance of Ethics in Law Enforcement is extremely important. The public puts their trust in to law enforcement agencies to be able to perform their jobs in a responsible, ethical and effective way. This is essential to effective crime control and policing communities. Law Enforcement agencies which are ethical on a day to day basis are typically more effective and builds mutual respect in the community between the police officers and the citizens. As societies evolve, concerns and questions that relate to ethics and ethical behavior become more and more difficult to address and standard become more complex. The public likes to scrutinize everything that the law enforcement community does or says. Which causes the law enforcement community to be constantly changing their rules, policies and the way they conduct their business on a day to day basis. Citizens are always looking at law enforcement in a different way than they would a business partner. They need to always operate in a professional and efficient manner and to be able to be effective, law enforcement personnel need to have a strict policy on ethics and a code of conduct and adhere to it so that way there are limited issues with the public. In law enforcement, ethics is considered doing the right thing all the time and it does not matter if anyone is watching or not. Because law enforcement is a profession, ethics and ethical conduct play an important role. The law enforcement code of ethics is used as an oath of office during the graduation ceremony for many law enforcement personnel. The code of ethics states that the officer's fundamental duties are to serve the community; safeguard lives and property; protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and respect the constitutional rights of all to liberty, equality, and justice. The code of ethics also states that officers must keep their private lives unsullied and recognize the badge as a symbol of public faith and trust. The police code of conduct works in conjunction with the law enforcement code of ethics. The code of conduct consists of ethical mandates law enforcement officers use to perform their duties. These guidelines include acting impartially; exercising discretion; using only necessary force; and maintaining confidentiality, integrity, and a professional image at all times. These ethical statements, along with appropriate training and strong leadership, encourage law enforcement officers to become members of an ethical profession. 3. Rules Implementing the Code of Conduct and Ethical Standards for Public Officials and Employees. (RA 6713) Pursuant to the provisions of Republic Act No. 6713, otherwise known as the “Code of Conduct and Ethical Standards for Public Officials and Employees”, approved on February 20, 1989, and which took effect on March 25, 1989. This law mandates public officials and employees to be at all times, shall be accountable to the people and shall discharge their duties with utmost responsibility, integrity, competence, and loyalty. They should act with patriotism and justice, lead modest lives, and uphold public interest over personal interest. Section 4 (RA 6713) Norms of Conduct of Public Officials and Employees 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 – Always uphold the public interest over personal interest. Avoid wastage in public funds and revenues. Ensure that government resources and powers are employed and used efficiently, effectively, honestly and economically. B. Professionalism – Perform and discharge your duties with the highest degree of excellence, professionalism, intelligence and skill. Enter public service  with utmost devotion and dedication to duty. Discourage wrong perception of your role as dispenser or peddler of undue patronage. C. Justness and sincerity – Remain true to the people at all times. Act with justness and sincerity, and do not discriminate against anyone, especially the poor and the underprivileged. Refrain from doing acts contrary to law, good morals, good customs, public policy, pubic order, public safety and public interest. Do not dispense or extend undue favors on account of your office to your relatives, whether by consanguinity or affinity, except with respect to appointments of such relatives to positions considered strictly confidential or as members of your personal staff whose terms are coterminous with yours. D. Political neutrality – Provide service to everyone without unfair discrimination regardless of party affiliation or preference. E. Responsiveness to the public – Extend prompt, courteous, and adequate service to the public. Unless otherwise provided by law or hen required by the public interest, you shall provide information on your policies and procedures in clear and understandable language, ensure openness of information, public consultations and hearings 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 – always be loyal to the Republic and o the Filipino people, promote the use of locally produced goods, resources and technology and encourage appreciation and pride of country and people. Endeavor to maintain and defend Philippine sovereignty against foreign intrusion. G. Commitment to democracy – Commit yourself 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. Always uphold the constitution and put loyalty to country above loyalty to persons or party. H. Simple living – You and your family shall lead modest lives appropriate to your positions and income. Do not indulge in extravagant or ostentatious display of wealth in any form. Section 5 (RA 6713) Duties of Public Officials and Employees. In the performance of their duties, all public officials and employees are under obligation to: a. Act promptly on letters and requests. — All public officials and employees shall, within fifteen (15) working days from receipt thereof, respond to 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 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 report 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 three (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 be made accessible to, and readily available for inspection by, the public within reasonable working hours. Section 7 (RA 6713) 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 official and employee and are hereby declared to be unlawful: (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 law; (2) 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; or (3) Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office. These prohibitions 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 the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one-year prohibition 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 the public, either: (1) To further their private interests, 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 any transaction which may be affected by the functions of their office. As to gifts 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 tendered 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 or medical treatment; or (iii) The acceptance by a public official or employee of travel grants or expenses for travel taking place entirely outside the Philippine (such as allowances, transportation, food, and lodging) of more than nominal value if such acceptance is appropriate or consistent with the interests 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. Nothing in this Act shall be construed to restrict or prohibit any educational, scientific or cultural exchange programs subject to national security requirements. 4. Law Enforcement Code of Ethics As a Law Enforcement Officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all men to liberty, equality, and justice. I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice, or ill will, never employing unnecessary force or violence and never accepting gratuities. 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 the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession… law enforcement. 5. Terms to Ponder About Police Ethics and Values These are some of the terms that are related to the study of professional conduct and ethical standards. Some of these terms describe the acts that violate the PNP Ethics and Values. ✓ Malfeasance. 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 abuse his powers. ✓ Misconduct. This is a generally 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. ✓ Misfeasance or Irregularities in the Performance of a Duty. It is the improper performance of some act which might lawfully be done or the performance of a lawful act in an unlawfully or culpably negligent manner. ✓ Moonlighting. An act of a member of the Philippine National Police pursuing or following any calling or occupation or the act of engaging in any business. It includes but not limited to all activities, jobs, work, and similar functions, performed, involved in or undertaken by him, in or off duty hours with or without compensation, which is inconsistent or incompatible with the PNP duties and functions. ✓ Nonfeasance or 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 is a peace officer legal obligation to perform. ✓ Oppression. The act of cruelty, severity, unlawful execution, or excessive use of authority. Police Customs and Social Decorum. A set of norms and standards practiced by members during social and other functions. ✓ Violation of Law. It presupposes conviction in a court of any crime or offense penalized under Revised Penal Code or any special law or ordinances. ✓ Dishonesty. 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. ✓ Disloyalty to the government. It consists of abandonment or renunciation of one’s loyalty to the government of the Philippines or advocating the overthrow of the government.  SELF-HELP. You can also refer to the sources below to help you further understand the lesson: References: 1. Guerrero, B (2016). Values, ethics and professional conduct for criminology students and practitioners. Quezon City: Wiseman's Books Trading 2. Guevara R M (2014).Criminal justice education: ethics and values for law enforcers. Wiseman’s Books Trading, Quezon City. 3. Nabe, N. (2020). Professional Conduct and Ethical Standards. 4. PNP Ethical Doctrine (2014). shorturl.at/csMS8. 5. PNP Fundamental Doctrine (2013). shorturl.at/adC13. 6. Pollock, J. (2017). Ethical dilemmas and decision s in criminal justice. (9th Ed) Australia: Cengage Learning.