Criminology 4 - Professional Conduct and Ethical Standards (Taguig City University) PDF

Republic of the Philippines City of Taguig Taguig City University Gen. Santos Avenue, Central Bicutan, Taguig City COLLEG...

Republic of the Philippines City of Taguig Taguig City University Gen. Santos Avenue, Central Bicutan, Taguig City COLLEGE OF CRIMINAL JUSTICE CHED MEMORANDUM ORDER NO. 05 SERIES OF 2018 Policies, Standards and Guidelines for the Bachelor of Science in Criminology (BS Criminology) Program The Technical Committee herewith suggest the minimum Course Description and Course Content for the courses prescribed under CMO 05, s. 2018 as follows; COURSE TITLE: CRIMINOLOGY 4 – PROFESSIONAL CONDUCT AND ETHICAL STANDARDS COURSE DESCRIPTION: This course deals with the professional conduct and ethical standards of Professionals, and as Criminologists in the practice of their profession and field of specialization; Governing Ethical codes both in Government and Private sectors and their relevance to Human Relations. COURSE OUTLINE: ⮚ Philosophy of Ethics, Morality, Standard Behavior, Values, and Social Norms. ⮚ Professional Regulation Commission Oath, Professional Conduct and Ethical Standards. ⮚ Philippine Registered Criminologists Professional Conduct and Ethical Standards. ⮚ Oath of Office for Public Officers and Employees, and Code of Conduct and Ethical Standards among Government Officials and Employees. ⮚ Law Enforcement Code of Ethics. ⮚ Academic Ethics and Integrity. ⮚ Proper Decorum or Polite Behavior, and Etiquette or Polite Conduct in Government and Private sector. ⮚ Etiquette in Private and Professional dealings. ⮚ Human Relations. TABLES OF SPECIFICATION SUMMARY OF TOPICS, ITEM and PERCENTAGE DISTRIBUTION The registered criminologist can perform the competencies under the following Percentage, sub-topics: Weight and Distribution 2% 10 1. Understanding the philosophy of ethics, morality, values, social norms, and standards..40% 2 2. Relate and demonstrate the Professional Regulation Commission Oath and Philippine Registered Criminologists Code of Professional Conduct and Ethical Standards..60% 3 3. Learn and observe the Oath of Office for Public Officers and Employees, and Code of Conduct and Ethical Standards among Government Officials and Employees (R.A. 6713)..60% 3 4. Familiarize and demonstrate the Law Enforcement Code of Professional Conduct and Ethical Standards..20% 1 5. Understand and correlate human and public relations..20% 1 TCU_CCJ_SY2022-2023S1_CIP1_CRIMINOLOGY4_ProfMonisMM… Page 1 of 42  PROFESSIONAL CONDUCT AND ETHICAL STANDARDS AN INTRODUCTION 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. These bodies commonly established codes of conduct and ethical codes for the guidance of their members. In certain areas, where the public interest is considered to be heavily engaged, legislation has been enacted, either replacing professional regulation by statutory legislation, or by a form of supervision of the professional body by a statutory body. ETHICAL STANDARDS Ethical Standards are a set of principles established by the founders of the organization to communicate its underlying moral values. This code provides a framework that can be used as a reference for decision making processes. These standards are an important part of an organization’s culture. They establish the parameters of behavior that owners and top executives expect from employees and also from suppliers, at least to the extent of their relationship with the organization. A corporate governance system will put a lot of effort into communicating and enforcing these principles. This is mostly done through behavior modeling, which means that top executives should set the example of how lower-level employees should act. A few examples of these standards would be responsibility, honesty, transparency or fairness and even though they might be interpreted differently by each person, companies usually describe the founder’s perspective of each value to avoid confusions. These principles should serve also as guidelines for decision-making processes to help employees align their personal criteria with the company’s perspectives as different ethical issues arise within normal business activities. This moral “compass” is crucial to maintain unethical behaviors down to a minimum, mostly in managerial positions. CODE OF ETHICS AND CODE OF CONDUCT Code of Ethics and Code of Conduct are the standards that a group must adhere to, so as to remain the member of the organization. The primary difference between code of ethics and code of conduct is that code of ethics is a set of principles which influence the judgement while the code of conduct is a set of guidelines that influence employee’s actions. These statements are formally addressed and need to be accepted by the members when they join the organization for the first time. These help the business enterprise in regulating the business efficiently. While code of conduct is something that states organized values, code of ethics is used to observe ethical norms and gives a foundation to rules of conduct. Code of Ethics is a document issued by the top-level management, which consist of a set of principles, designed to guide the members of the organization to carry out business honestly and with integrity. It describes the core values of the organization that guides the decision-making. It provides ethical standards which are to be followed by the members. It sets out general guidelines to assist individuals to apply their judgment, concerning a suitable behavior in a given situation. Code of ethics helps members in understanding what is right or wrong. The codes are disclosed publicly and hence addressed to the interested parties to know the way the company does business. Violation of the code of ethics by any member may result in termination or dismissal from the organization. Code of Conduct is a document that expresses the practices and behavior of a person, required or restricted as a condition for becoming a member of the organization or profession. The code sets out the actual rules, so it lays down the do’s and doesn’t s of an employee. The members are responsible for its adherence and held accountable for its violation. Every organization has its code of conduct issued by the Board of Directors (BOD) that determines the social norms, regulations and responsibilities. It is in the form of written statement; that contains rules for behavior, which are supposed to be followed by the employees of the company. The document directs and guides the employees in various matters. Key Differences between Code of Ethics and Code of Conduct BASIS FOR CODE OF ETHICS CODE OF CONDUCT COMPARISON Meaning An aspirational document, issued by the board A directional document containing specific of directors containing core ethical values, practices and behavior that are followed or principles and ideals of the organization is Code restricted under the organization is Code of of Ethics. Conduct. TCU_CCJ_SY2022-2023S1_CIP1_CRIMINOLOGY4_ProfMonisMM… Page 2 of 42  Nature General Specific Scope Wide Narrow Governs Decision making Actions Length Short Comparatively longer Disclosure Publicly disclosed. Employees only. Focused on Values or principles Compliance and rules PHILOSOPHY OF ETHICS, MORALITY, STANDARD BEHAVIOR, VALUES AND SOCIAL NORMS. Understanding ETHICS Etymologically, the word ethics is coined from the Greek word “ethos”, from Old French “éthique”, from Latin “ethice”, the English translation of which is “custom” or “character”. From this etymological meaning, ethics is taken to mean as a philosophical science that deals with the morality of human conduct or human acts. What do we mean by “morality of human acts?” Morality of human acts refers to the goodness of the badness, the rightness or the wrongness of human acts. Ethics is a philosophical science. This means that ethics is one of the many disciplines in philosophy. Moreover, they are Values that help us determine appropriate standards of behavior and place limits on our behavior both inside and outside the organization. Ethics are important to individuals because they serve as: (1) Standards of behavior for determining a correct course of action, (2) Guidelines for decision-making and conflict resolution, and (3) Influences on employee motivation. The work ethic refers to the strength of one’s commitment and dedication and someone’s belief that hard work and commitment to a task are both ends in themselves and means to future rewards. Four Main Branches of Ethics A. Descriptive Ethics deals with what people actually believe (or made to believe) to be right or wrong, and accordingly holds up the human actions acceptable or not acceptable or punishable under a custom or law. However, customs and laws keep changing from time to time and from society to society. The societies have structured their moral principles as per changing time and have expected people to behave accordingly. Due to this, descriptive ethics is also called comparative ethics because it compares the ethics or past and present; ethics of one society and other. It also takes inputs from other disciplines such as anthropology, psychology, sociology and history to explain the moral right or wrong. B. Normative Ethics deals with “norms” or set of considerations how one should act. Thus, it’s a study of “ethical action” and sets out the rightness or wrongness of the actions. It is also called prescriptive ethics because it rests on the principles which determine whether an action is right or wrong. The Golden rule of normative ethics is “doing to other as we want them to do to us“. Normative ethics also provides justification for punishing a person who disturbs social and moral order. Aristotle’s virtue ethics, Kant’s deontological ethics, Mill’s consequentialism (Utilitarianism) and the Bhagwad Gita’s Nishkam Karmayoga are some of the theories in Normative Ethics. 1. Virtue Ethics focuses on one’s character and the virtues for determining or evaluating ethical behaviour. Plato, Aristotle and Thomas Aquinas were major advocates of Virtue ethics. Plato gave a scheme of four cardinal virtues viz. prudence, justice, temperance and fortitude (courage). His disciple Aristotle categorized the virtues as moral and intellectual. He identified some of the moral virtues including “wisdom”. 2. Deontological Ethics or Duty Ethics focuses on the rightness and wrongness of the actions rather than the consequences of those actions. There are different deontological theories such as: a. First famous deontological theory is Immanuel Kant’s Categorical Imperative or Kantianism. Kant said that the human beings occupy special place in creation and there is an ultimate commandment from which all duties and obligations derive. The moral rules, as per Kant, should follow two principles viz. universality and principle of reciprocity. By universality, he meant that a moral action must be possible to apply it to all people. By principle of reciprocity, he meant said “do as you would be done by. Such premise of morality is found in all religious systems, including Hinduism, Islam, Christianity, Judaism, Buddhism etc. b. Second famous deontological theory is Moral Absolutism. It believes that there are absolute standards against which moral questions can be judged. Against these standards, certain actions are right while others are wrong regardless of the context of the act. For example, theft is wrong, regardless of context in which theft was carried out. It ignores that sometimes wrong act is done to reach out to right consequence. c. Third deontological theory is Divine Command Theory. It says that an action is right if God has decreed it to be right. As per this theory, the rightness of any action depends upon that action being performed because it is a duty, not because of any good consequences arising from that action. 3. Consequentialism or Teleological Ethics says that the morality of an action is contingent with the outcome of that action. So, the morally right action would produce good outcome while morally wrong action would TCU_CCJ_SY2022-2023S1_CIP1_CRIMINOLOGY4_ProfMonisMM… Page 3 of 42  produce bad outcome. The core idea of consequentialism is that “the ends justify the means“. An action that might not be right in the light of moral absolutism may be a right action under teleology. There are several theories such as: a. Utilitarianism {right action leads to most happiness of greatest number of people}, b. Hedonism {anything that maximizes pleasure is right}, c. Egoism {anything that maximizes the good for self is right}, d. Asceticism {abstinence from egoistic pleasures to achieve spiritual goals is right action}, e. Altruism {to live for others and not caring for self is right action}. C. Meta Ethics or “Analytical Ethics” deals with the origin of the ethical concepts themselves. It does not consider whether an action is good or bad, right or wrong. Rather, it questions – what goodness or rightness or morality itself is? It is basically a highly abstract way of thinking about ethics. The key theories in meta-ethics include naturalism, non-naturalism, emotivism and prescriptivism. 1. Naturalists and non-naturalists believe that moral language is cognitive and can be known to be true or false. 2. Emotivists deny that moral utterances are cognitive, holding that they consist of emotional expressions of approval or disapproval and that the nature of moral reasoning and justification must be reinterpreted to take this essential characteristic of moral utterances into account. 3. Prescriptivists take a somewhat similar approach, arguing that moral judgments are prescriptions or prohibitions of action, rather than statements of fact about the world. D. Applied Ethics deals with the philosophical examination, from a moral standpoint, of particular issues in private and public life which are matters of moral judgment. This branch of ethics is most important for professionals in different walks of life including doctors, teachers, administrators, rulers and so on. It deals with the rightness or wrongness of social, economical, cultural, religious issues also. For example, euthanasia, child labor, abortion etc. There are six key domains of applied ethics viz. 1. Decision Ethics {ethical decision-making process}, 2. Professional Ethics {for good professionalism}, 3. Clinical Ethics {good clinical practices}, 4. Business Ethics {good business practices}, 5. Organizational ethics {ethics within and among organizations} 6. Social Ethics. https://www.gktoday.in/topic/four-branches-of-ethics/ Character Vs. Personality While personality shows what you are outside or what you are to the world, character reveals what you are inside. As these are directly related to a person’s attitude and behavior, most people get confused between these two easily. Personality refers to the range of distinctive personal qualities and traits of an individual. Personality can be defined as a combination of mental behavior and traits or qualities like thinking pattern, feeling and acting. It is a range of enduring tendencies of an individual to think, feel and behave in a specific manner in diverse situations. It refers to the systematic arrangement of all your dispositions like attitude, thoughts, feelings, emotions, etc. A character refers to a set of morals and beliefs that defines how we treat or behave with others and ourselves. By the term character, we mean an enduring and distinguishing mental and moral characteristics in an individual. It is the only factor which determines our reaction or response to the given event or situation. It defines a person’s behavior pattern, thinking style, controls feelings. It is based on the environment that surrounds us, mental ability, moral principles and similar other factors. It is the most precious thing possessed by a person, evidenced by the limits he/she never crossed. Key Differences between Personality and Character BASIS OF PERSONALITY CHARACTER COMPARISON A character refers to a set of morals and beliefs Personality refers to the range of distinctive Meaning that defines how we treat or behave with others personal qualities and traits of an individual. and ourselves. Represents Who we seem to be? Who we actually are? Traits Personal and physical Mental and moral What is it? It is the identity It is a learned behavior Nature Subjective Objective Expression Outer appearance and behavior of a person. Traits of a person that are abstract. Change May change over time. Remains same. Validation of Not required Required Society TCU_CCJ_SY2022-2023S1_CIP1_CRIMINOLOGY4_ProfMonisMM… Page 4 of 42 LAW AND ETHICS In simple terms, the law may be understood as the systematic set of universally accepted rules and regulation created by an appropriate authority such as government, which may be regional, national, international, etc. It is used to govern the action and behavior of the members and can be enforced, by imposing penalties. Many times the term law is juxtaposed with the term ethics, but there is a difference, as ethics are the principles that guide a person or society, created to decide what is good or bad, right or wrong, in a given situation. It regulates a person’s behavior or conduct and helps an individual in living a good life, by applying the moral rules and guidelines. For a layman, these two terms are same, but the fact is that there is a difference between law and ethics. The Law is described as the set of rules and regulation, created by the government to govern the whole society. The law is universally accepted, recognized and enforced. It is created with the purpose of maintaining social order, peace, justice in the society and to provide protection to the general public and safeguard their interest. It is made after considering ethical principles and moral values. The law is made by the judicial system of the country. Every person in the country is bound to follow the law. It clearly defines what a person must or must not do. So, in the case of the breach of law may result in the punishment or penalty or sometimes both. By Ethics, we mean that branch of moral philosophy that guides people about what is good or bad. It is a collection of fundamental concepts and principles of an ideal human character. The principles help us in making decisions regarding, what is right or wrong. It informs us about how to act in a particular situation and make a judgment to make better choices for ourselves. Ethics are the code of conduct agreed and adopted by the people. It sets a standard of how a person should live and interact with other people. Key Differences Between Law and Ethics BASIS FOR LAW ETHICS COMPARISON Meaning The law refers to a systematic body of rules Ethics is a branch of moral philosophy that that governs the whole society and the actions guides people about the basic human conduct. of its individual members. What is it? Set of rules and regulations Set of guidelines Governed By Government Individual, Legal and Professional norms Expression Expressed and published in writing. They are abstract. Violation Violation of law is not permissible which may There is no punishment for violation of ethics. result in punishment like imprisonment or fine or both. Objective Law is created with an intent to maintain Ethics are made to help people to decide what social order and peace in the society and is right or wrong and how to act. provide protection to all the citizens. Binding Law has a legal binding. Ethics do not have a binding nature. Understanding MORALITY Moral integrity is the only true measure of what man ought to be. The most successful professional, is nothing unless he too is morally upright. Thus, the philosophers speak of Ethics as the “only necessary knowledge”. Morality is the foundation of every human society. Without civic morality, communities perish; without personal morality their survival has no value. Every culture admits the importance of morality as a standard of behavior. When the moral foundation of a nation is threatened, society itself is threatened. Morality is the quality of human acts by which they are constituted as good, bad or indifferent. The word Morals is derived from a Greek word “Mos” which means custom. On the other hand, if we talk about Ethics, it is also derived from a Greek word “Ethos” which means character. Put simply, morals are the customs established by group of individuals whereas ethics defines the character of an individual. While morals are concerned with principles of right and wrong, ethics are related to right and wrong conduct of an individual in a particular situation. Many use the two terms as synonyms, but there are slight and subtle differences between morals and ethics. Morals are the social, cultural and religious beliefs or values of an individual or group which tells us what is right or wrong. They are the rules and standards made by the society or culture which is to be followed by us while deciding what is right. Some moral principles are: Do not cheat Be loyal Be patient Always tell the truth Be generous Morals refer to the beliefs what is not objectively right, but what is considered right for any situation, so it can be said that what is morally correct may not be objectively correct. TCU_CCJ_SY2022-2023S1_CIP1_CRIMINOLOGY4_ProfMonisMM… Page 5 of 42 Ethics is a branch of philosophy that deals with the principles of conduct of an individual or group. It works as a guiding principle as to decide what is good or bad. They are the standards which govern the life of a person. Ethics is also known as moral philosophy. Some ethical principles are: Truthfulness Honesty Loyalty Respect Fairness Integrity Key Differences between Morals and Ethics BASIS FOR COMPARISON MORALS ETHICS Meaning Ethics are the guiding principles which Morals are the beliefs of the individual or help the individual or group to decide group as to what is right or wrong. what is good or bad. What is it? General principles set by group Response to a specific situation Root word Mos which means custom Ethos which means character Governed By Social and cultural norms Individual or Legal and Professional norms Deals with Principles of right and wrong Right and wrong conduct Applicability in Business No Yes Consistency Morals may differ from society to society Ethics are generally uniform. and culture to culture. Expression Morals are expressed in the form of Ethics are abstract. general rules and statements. Freedom to think and choose No Yes Morality and Human Existence There is morality because there is man. 1. Man is the only Moral Being by virtue of the following reasons. a. Man is a being of action. b. Man has intellect. c. Man has will. 2. Man as an Animal 3. Man as a Rational Animal 4. Intellect compared with will 5. Concrete Basis of Morality Understanding VALUES Undeniably, there is a metaphysical dependence of values in ethics, for values have ethics as one of their indispensable carriers. True enough, ethics and values support each other. An ethics without values is hollow and shallow and, therefore, weak. Values without ethics are paralytic. Needless to say, values are values even if they are not put into practice because primarily – not absolutely - values are objective. If values are construed this way, it can be inferred that they have nothing to do with ethics. The contention can be justified in view of the fact that not everything which is good is moral or ethical. In other words, not all values (good) are necessarily moral. The good in a glass of water – because it satisfies our thirst – does not quality water as moral. The good in food – because it satisfies our hunger – does not make food moral as well. A value may be defined as “an enduring belief that a specific mode of conduct or end-state of existence is personally or socially preferable to an opposite or converse mode of conduct or end-state of existence.” In other words, a value represents a judgment by an individual that certain things are “good” or “bad,” “important” or “unimportant,” and so forth. As such, values serve a useful function in providing guidelines or standards for choosing one’s own behavior and for evaluating the behavior of others. General Definition of Values 1. Values are the object of human desire and striving; they are also the subjective assessment of a particular object insofar as it is good. 2. Values are our beliefs, those beliefs which we hold to be true. Thus values inspire us to struggle towards our proximate and ultimate ends. 3. Values refer to things, person, ideas or goals which are important to life; they enable us to direct, understand, and evaluate our lives. Thus, they refer to our ideals and our principles by which we live. Further, values are those which we like, approve, esteem, enjoy and prize. TCU_CCJ_SY2022-2023S1_CIP1_CRIMINOLOGY4_ProfMonisMM… Page 6 of 42 Properties of Values 1. Values are subjective – when we say values are subjective, we mean that the existence and the validity of values are dependent upon on the feelings or attitudes of the subject. 2. Values are objective – when we say values are objective, we mean that the existence and the nature of values are independent of a subject. 3. Values are relative – this means that values have intrinsic limitation and imperfection. 4. Values are bipolar – this mean that values do not exist alone; they always exist with their counter values. Thus, values are either positive or negative. 5. Values are hierarchical – when we say values are hierarchical, we do not classify values but rather we rank them. When we rank values, we establish order of importance among them. The closest meaning of ranking values is prioritizing values. Types of Values 1. Instrumental values represent those values concerning the way we approach end-states. That is, do we believe in ambition, cleanliness, honesty, or obedience? What factors guide your everyday behavior? 2. Terminal values, on the other hand, are those end-state goals that we prize. Included here are such things as a comfortable life, a sense of accomplishment, equality among all people, and so forth. Ethics and Values together lay the foundation for sustainability. While they are sometimes used synonymously, they are different, wherein ethics are the set of rules that govern the behavior of a person, established by a group or culture. Values refer to the beliefs for which a person has an enduring preference. Ethics and values are important in every aspect of life, when we have to make a choice between two things, wherein ethics determine what is right, values determine what is important. In the world of intense competition, every business entity work on certain principles and beliefs which are nothing but the values. Likewise, ethics is implemented in the organisation to ensure the protection of the interest of stakeholders like customers, suppliers, employees, society and government. Values refer to the important and enduring beliefs or principles, based on which an individual makes judgements in life. It is at the centre of our lives which act as a standard of behaviour. They severely affect the emotional state of mind of an individual. They can be personal values, cultural values or corporate values. Values are forces that cause an individual to behave in a particular manner. It sets our priorities in life, i.e. what we consider in the first place. It is a reason behind the choices we make. It reflects what is more important for us. So, if we are true to our values and make our choices accordingly, then the way we live to express our core values. Moreover, if you understand an individual’s values, you can easily identify what is important for them. Key Differences between Ethics and Values BASIS FOR ETHICS VALUES COMPARISON Meaning Ethics refers to the guidelines for conduct, that Value is defined as the principles and ideals address question about morality. that helps them in making judgement of what is more important. What are they? System of moral principles. Stimuli for thinking. Consistency Uniform Differs from person to person Tells What is morally correct or incorrect, in the What we want to do or achieve. given situation. Determines Extent of rightness or wrongness of our Level of importance. options. What it does? Constrains Motivates Role of Values and Ethics in Organizations Personal values represent an important force in organizational behavior for several reasons. In fact, at least three purposes are served by the existence of personal values in organizations: 1. Values serve as standards of behavior for determining a correct course of action; 2. Values serve as guidelines for decision-making and conflict resolution; and 3. Values serve as an influence on employee motivation. Let us consider each of these functions. Organizational Values Every organization has values that are important to the group. It will help the organization to survive. Organizations develop values much the same as each individual has developed values. Understanding HUMAN ACTS Human acts are actions that proceed from the deliberate free will of man. In a broader perspective, the term human acts refer to any activity performed by man. This activity could either be physical, spiritual, internal, or external. Moral philosophy, however, treats the term human acts not in its broader but in its stricter meaning. TCU_CCJ_SY2022-2023S1_CIP1_CRIMINOLOGY4_ProfMonisMM… Page 7 of 42 Moral Philosophy, therefore, understands human acts as actions that are proper only to man. These actions are those which man does not share with the brutes for human acts are rational and willed acts. Three-fold Elements of Human Acts 1. Knowledge 2. Freedom 3. Voluntariness Human Acts Vs. Acts Of Man Human Acts Acts Of Man It requires man’s rationality. It does not require man’s rationality. It requires knowledge, freedom and voluntariness Done without knowledge, without consent and (elements of human acts) involuntary It requires man’s freedom and will It does not need man’s freedom and will Man takes responsibility of his action It does not make man responsible for his Understanding STANDARDS OF BEHAVIOR First, values help us determine appropriate standards of behavior. They place limits on our behavior both inside and outside the organization. In such situations, we are referring to what is called ethical behavior, or ethics. Employees at all levels of the organization have to make decisions concerning what to them is right or wrong, proper or improper. For example, would you conceal information about a hazardous product made by your company, or would you feel obliged to tell someone? How would you respond to petty theft on the part of a supervisor or coworker in the office? To some extent, ethical behavior is influenced by societal values. Societal norms tell us it is wrong to engage in certain behaviors. In addition, however, individuals must often determine for themselves what is proper and what is not. This is particularly true when people find themselves in “gray zones”—situations where ethical standards are ambiguous or unclear. In many situations, a particular act may not be illegal. Moreover, one’s colleagues and friends may disagree about what is proper. In such circumstances, people have to determine their own standards of behavior. Understanding SOCIAL NORMS Social norms are the unwritten rules of beliefs, attitudes, and behaviors that are considered acceptable in a particular social group or culture. Norms provide us with an expected idea of how to behave, and function to provide order and predictability in society. For example, we expect students to arrive to a lesson on time and complete their work. The idea of norms provides a key to understanding social influence in general and conformity in particular. Social norms are the accepted standards of behavior of social groups. These groups range from friendship and workgroups to nation-states. Behavior which fulfills these norms is called conformity, and most of the time roles and norms are powerful ways of understanding and predicting what people will do. There are norms defining appropriate behavior for every social group. For example, students, neighbors and patients in a hospital are all aware of the norms governing behavior. And as the individual moves from one group to another, their behavior changes accordingly. Norms provide order in society. It is difficult to see how human society could operate without social norms. Human beings need norms to guide and direct their behavior, to provide order and predictability in social relationships and to make sense of and understanding of each other’s actions. These are some of the reasons why most people, most of the time, conform to social norms. Norms can be internalized, which make an individual would conform without external rewards or punishments. There are four types of social norms that can help inform people about behavior that is considered acceptable: folkways, mores, taboos, and law. Further, social norms can vary across time, cultures, place, and even sub-group. 1. FOLKWAYS are behaviors that are learned and shared by a social group that we often refer to as “customs” in a group that are not morally significant, but they can be important for social acceptance. Each group can develop different customs, but there can be customs that embraced at a larger, societal level. 2. MORES are norms of morality, or right and wrong, and if you break one it is often considered offensive to most people of a culture. Sometimes a more violation can also be illegal, but other times it can just be offensive. If a more is not written down in legislation, it cannot get sanctioned by the criminal justice system. Other times it can be both illegal and morally wrong. 3. A TABOO goes a step farther and is a very negative norm that should not get violated because people will be upset. Additionally, one may get excluded from the group or society. The nature and the degree of the taboo are in the mores 4. LAWS are social norms that have become formally inscribed at the state or federal level and can result in formal punishment for violations, such as fines, incarceration, or even death. Laws are a form of social control that outlines rules, habits, and customs a society uses to enforce conformity to its norms. https://openoregon.pressbooks.pub/ccj230/chapter/1-3-folkways-mores-taboo-behaviors/ TCU_CCJ_SY2022-2023S1_CIP1_CRIMINOLOGY4_ProfMonisMM… Page 8 of 42  PROFESSIONAL REGULATION COMMISSION OATH, PROFESSIONAL CONDUCT AND ETHICAL STANDARDS / PHILIPPINE REGISTERED CRIMINOLOGISTS PROFESSIONAL CONDUCT AND ETHICAL STANDARDS. Republic Act No. 6506, An Act Creating the Board of Examiners for Criminologists in the Philippines and for Other Purposes. The Board of Examiners for Criminology was created on July 1, 1972, pursuant to Republic Act No. 6506 entitled “An Act Creating the Board of Examiners for Criminologists in the Philippines and For Other Purposes.” The first Board, constituted in 1987, was composed of Dr. Sixto O. de Leon as Chairman and Atty. Virgilio B. Andres and Jaime S. Navarro as Members. On that same year, the Syllabi of Subjects in the licensure examinations for Criminologists was promulgated. The Professional Criminologists Association of the Philippines (PCAP) was accredited by PRC on March 25, 1990 as the professional organization for criminologists in the country. As an accredited professional organization, the Association coordinates with the PRC and the Board of Criminology in helping promote the profession. Republic Act (RA) No. 11131, also known as "The Philippine Criminology Profession Act of 2018". Accredited Integrated Professional Organization (AIPO) for the criminology profession, the one and only recognized and accredited integrated national organization of criminologists. Practice of Criminology Defined A person is deemed to be engaged in the practice of Criminology if he holds himself out to the public in any of the following capacities: 1. As a professor, instructor or teacher in Criminology in any university, college or school duly recognized by the government and teaches any of the following subjects: (a) Law Enforcement Administration, (b) Criminalists, (c) correctional Administration, (d) Criminal Sociology and allied subjects, and (e) other technical and specialized subjects in the Criminology curriculum provided by the Department of Education. 2. As law enforcement administrator, executive, adviser, consultant or agent in any government or private agency. 3. As technician in dactyloscopy, ballistics, questions documents, police photography, lie detection, forensic chemistry and other scientific aspects of crime detection. 4. As correctional administrator, executive supervisor, worker or officer in any correctional and penal institution. 5. As counselor, expert, adviser, researcher in any government or private agency on any aspects of criminal research or project involving the causes of crime, juvenile delinquency, treatment of offenders, police operations, law enforcement administration, scientific criminal investigation or public welfare administration. Privileges of Certified Criminologists All Registered Criminologists shall be exempt from taking any other entrance or qualifying government or civil service examination and shall be considered civil service eligible to the following government positions, among other: (1) Dactylographer; (2) Ballistician; (3) Questioned Document Examiner; (4) Forensic Photographer; (5) Polygraph Examiner; (6) Probation Officer Ito Chief PPROBATION Officer; (7) Assistant Parole Officer; (8) Special Investigator; (9) Special Agent; (10) Investigative Agent; (11) Intelligence Agent; (12) Law Enforcement Evaluation Officer; (13) National Police Commission (NAPOLCOM) Inspector; (14) Traffic Operation Officer; (15) Associate Graft Investigation Officer; (16) Special Police Officer; (17) Safekeeping Officer; (18) Sheriff; (19) Government Security Officer; (20) Criminal Investigator; (21) Warden; (22) Reformation Officer; (23) Firefighter or Fire Officer One; (24) Fire Marshall; (25) Jail Officer One, Corrections Officer and Corrections Technical Officer One up to the rank of-Superintendent or its equivalent; (26) Police Officer up to the rank of Police Superintendent or its equivalent in other law enforcement, national security and public safety agencies, and criminal justice administration. Code of Ethics Article I: PRIMARY RESPONSIBILITY OF REGISTERED CRIMINOLOGIST a. The primary responsibility of every person admitted to the practice of Criminology as a Registered Criminologist is to bear faithful allegiance to the Republic of the Philippines and be loyal to his profession. They shall accept as a sacred obligation and responsibility as citizens to support the Constitution of the Philippines and as a Registered Criminologist to defend the principles of liberty as defined in the Constitution and Laws. b. As a Registered Criminologist, they shall strive to improve their effectiveness by diligent study and sincere attention to improvement and welcome the opportunity to disseminate practical and useful information relating to matters accruing to the benefit of public safety and welfare. Article 2: LIMITATION OF AUTHORITY a. The first duty of a criminologist as upholder of the law is to know its bounds upon him, be aware of limitations and prescriptions and recognize the system of government that gives to no man group or institution absolute power. He must ensure that he is prime defender of that system and as such must never pervert its character. b. They shall in the performance of their duty be just, impartial and reasonable, never according anyone more preferential treatment than another. They shall recognize the limitation of their authority and at no time use the power of their profession for personal advantage. TCU_CCJ_SY2022-2023S1_CIP1_CRIMINOLOGY4_ProfMonisMM… Page 9 of 42 Article 3: PRIVATE CONDUCT a. The Registered Criminologist must be mindful of his special identification by the public as an upholder of the law. He must never be lax in conduct or manner in private life, express disrespect for the law, nor seek to gain special privilege that would be reflective upon the profession. He must so conduct his private life that the public will regard him as an example of stability fidelity and morality. b. He must strive to elevate the standing of the profession in the public mind, strengthen public confidence in law enforcement, develop and maintain complete support and cooperation of the public and insure the effectiveness by encouraging complete cooperation of members for their mutual benefit. Article 4: CONDUCT TOWARDS THE PUBLIC a. The Criminologists remind at all times that dignity, fairness and a genuine willingness to help are essential to their public image and their ability to do a good job. b. The Criminologists mindful of their responsibility to the whole community, deal with individuals of the community in a manner calculated to instill respect for its laws and their profession. c. They shall be habitually courteous and accept their responsibility by being punctual and expeditious in their engagements and duties. They shall regard their profession as a public trust and in the discharge of their duties, bear constantly in mind their obligation to serve the public efficiently and effectively. Article 5: ATTITUDE TOWARDS PROFESSION a. The criminologists shall strive to make the best application of science to the solution of crime, by diligent study and sincere attention to self-improvement, and in the fields of human relationships, strive for effective leadership and public influence in matters affecting public safety. b. He shall appreciate the importance and responsibility of his profession as an honorable one rendering valuable service to his community and country. They shall strive to attain certain of the most withering cross examination particularly from fellow criminologists and associates. c. He shall avoid outside influence from overzealous and overanxious clients and his findings shall be based solely and entirely on logical and scientific deduction derived from a fair and impartial examination personally performed by him. d. He must never lose sight of the important fact that he should only work for the identification, apprehension and conviction of criminals, but must strive with greater if not equal vigor to clear the innocent. Article 6: ATTITUDE TOWARDS FELLOW CRIMINOLOGISTS a. The Criminologists shall strive constantly to improve professional standing of Criminology through association with others in the profession and keeping abreast with the fast-moving world of science and technology through constant research and development. b. He shall cooperate fully with fellow criminologists regardless of personal prejudice. He should, however, be assured that such action is proper and in accordance with law and guard against the sue of this office or person, knowingly or unknowingly in any improper or illegal action. He always bears in mind at all times that it is not sufficient to be proficient in one’s work, he must also have a high sense of justice, a belief in the dignity and worth of all men and a proper motivation and attitude. He must possess a sense of dedication to his profession and a sense of duty and obligation to his fellowmen. c. He shall cooperate with fellow criminologists and public officials to the end that the safety and general welfare of the public will be assured, never permitting jealousies or personal differences to influence their professional duties and obligations. Article 7: CODE OF ETHICS The universally accepted Code of Ethics for Law Enforcement shall be temporarily adopted pending formulation of a more specific code that embraces all aspects of Criminology. 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 regulation 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 the compromise for crime and with relentless prosecution or 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 TCU_CCJ_SY2022-2023S1_CIP1_CRIMINOLOGY4_ProfMonisMM… Page 10 of 42 it as a public trust to be held so long as I am true to the other of the police service. I will constantly strive to achieve these objectives, and ideals, dedicating myself before God to my chosen profession... law enforcement. Article 8: EFFECTIVITY This Code of Ethics for Registered Criminologist shall be effective upon approval hereof by the Commission and after fifteen (15) days following its publication in the official Gazette. TCU_CCJ_SY2022-2023S1_CIP1_CRIMINOLOGY4_ProfMonisMM… Page 11 of 42  OATH OF OFFICE FOR PUBLIC OFFICERS AND EMPLOYEES, AND CODE OF CONDUCT AND ETHICAL STANDARDS AMONG GOVERNMENT OFFICIALS AND EMPLOYEES. Republic Act No. 6713 known as the "Code of Conduct and Ethical Standards for Public Officials and Employees." Approved on February 20, 1989. Section 2. Declaration of Policies. - It is the policy of the State to promote a 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. 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.lawphi1.net (b) "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. (c) "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 in exchange for, a favor from a 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 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 nor insignificant, or the gift is given in anticipation of, or in exchange for, a favor. (e) "Loan" covers both 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 of 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 of title or disposal 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 or persons other than his spouse and relatives as defined in this Act. (k) "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. 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 peddlers 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 their relatives whether by consanguinity or affinity except with respect to appointments of such relatives to positions considered strictly confidential or as members of their personal staff whose terms are coterminous with theirs. TCU_CCJ_SY2022-2023S1_CIP1_CRIMINOLOGY4_ProfMonisMM… Page 12 of 42 (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 of their 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. - 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 display 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 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. 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; TCU_CCJ_SY2022-2023S1_CIP1_CRIMINOLOGY4_ProfMonisMM… Page 13 of 42 (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. 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 interests including those of their spouses and of unmarried children under eighteen (18) years of age living in their households. (A) 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 their Statement of Assets, Liabilities and Net Worth and a Disclosure of Business Interests 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 cost; (c) all other assets such as investments, cash on hand or in banks, stocks, 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 aforestated 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 TCU_CCJ_SY2022-2023S1_CIP1_CRIMINOLOGY4_ProfMonisMM… Page 14 of 42 show their assets, 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 or 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, with 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. (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. (2) 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. (3) 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. (4) 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 enterprise 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 serve the Government in an honorary capacity nor to laborers and casual or temporary workers. Section 10. Review and Compliance Procedure. - (a) The designated Committees of both Houses of the Congress shall establish procedures for the review of statements to determine whether said statements which have been submitted on time, are complete, and are in proper form. In the event a determination is made that a statement is not so filed, the appropriate Committee shall so inform the reporting individual and direct him to take the necessary corrective action. (b) In order to carry out their responsibilities under this Act, the designated Committees of both Houses of Congress shall have the power within their respective jurisdictions, to render any opinion interpreting this Act, in writing, to persons covered by this Act, subject in each instance to the approval by affirmative vote of the majority of the particular House concerned. The individual to whom an opinion is rendered, and any other individual involved in a similar factual situation, and who, after issuance of the opinion acts in good faith in accordance with it shall not be subject to any sanction provided in this Act. (c) The heads of other offices shall perform the duties stated in subsections (a) and (b) hereof insofar as their respective offices are concerned, subject to the approval of the Secretary of Justice, in the case of the Executive Department and the Chief Justice of the Supreme Court, in the case of the Judicial Department. Section 11. Penalties. – (a) Any public official or employee, regardless of whether or not he holds office or employment in a casual, temporary, holdover, permanent or regular capacity, committing any violation of this Act shall be punished with a fine not exceeding the equivalent of six (6) months' salary or suspension not exceeding one (1) year, or removal depending on the gravity of the offense after due notice and hearing by the appropriate body or agency. If the violation is punishable by a heavier penalty under another law, he shall be prosecuted under the latter statute. Violations of TCU_CCJ_SY2022-2023S1_CIP1_CRIMINOLOGY4_ProfMonisMM… Page 15 of 42 Sections 7, 8 or 9 of this Act shall be punishable with imprisonment not exceeding five (5) years, or a fine not exceeding five thousand pesos (P5,000), or both, and, in the discretion of the court of competent jurisdiction, disqualification to hold public office. (b) Any violation hereof proven in a proper administrative proceeding shall be sufficient cause for removal or dismissal of a public official or employee, even if no criminal prosecution is instituted against him. (c) Private individuals who participate in conspiracy as co-principals, accomplices or accessories, with public officials or employees, in violation of this Act, shall be subject to the same penal liabilities as the public officials or employees and shall be tried jointly with them. (d) The official or employee concerned may bring an action against any person who obtains or uses a report for any purpose prohibited by Section 8 (D) of this Act. The Court in which such action is brought may assess against such person a penalty in any amount not to exceed twenty-five thousand pesos (P25,000). If another sanction hereunder or under any other law is heavier, the latter shall apply. Section 12. Promulgation of Rules and Regulations, Administration and Enforcement of this Act. - The Civil Service Commission shall have the primary responsibility for the administration and enforcement of this Act. It shall transmit all cases for prosecution arising from violations of this Act to the proper authorities for appropriate action: Provided, however, That it may institute such administrative actions and disciplinary measures as may be warranted in accordance with law. Nothing in this provision shall be construed as a deprivation of the right of each House of Congress to discipline its Members for disorderly behavior. The Civil Service Commission is hereby authorized to promulgate rules and regulations necessary to carry out the provisions of this Act, including guidelines for individuals who render free voluntary service to the Government. The Ombudsman shall likewise take steps to protect citizens who denounce acts or omissions of public officials and employees which are in violation of this Act. TCU_CCJ_SY2022-2023S1_CIP1_CRIMINOLOGY4_ProfMonisMM… Page 16 of 42 REPUBLIC ACT No. 3019 August 17, 1960 ANTI-GRAFT AND CORRUPT PRACTICES ACT Section 1. Statement of policy. It is the policy of the Philippine Government, in line with the principle that a public office is a public trust, to repress certain acts of public officers and private persons alike which constitute graft or corrupt practices or which may lead thereto. Section 2. Definition of terms. As used in this Act, that term (a) "Government" includes the national government, the local governments, the government-owned and government- controlled corporations, and all other instrumentalities or agencies of the Republic of the Philippines and their branches. (b) "Public officer" includes elective and appointive officials and employees, permanent or temporary, whether in the classified or unclassified or exempt service receiving compensation, even nominal, from the government as defined in the preceding subparagraph. (c) "Receiving any gift" includes the act of accepting directly or indirectly a gift from a person other than a member of the public officer's immediate family, in behalf of himself or of any member of his family or relative within the fourth civil degree, either by consanguinity or affinity, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is under the circumstances manifestly excessive. (d) "Person" includes natural and juridical persons, unless the context indicates otherwise. Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful: (a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense. (b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other part, wherein the public officer in his official capacity has to intervene under the law. (c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act. (d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. (e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. (f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party. (g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. (h) Director or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest. (i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group. Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong. (j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled. (k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date. The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or offering or giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging or untimely release of the confidential information referred to in subparagraph (k) of this section shall, together with the offending TCU_CCJ_SY2022-2023S1_CIP1_CRIMINOLOGY4_ProfMonisMM… Page 17 of 42 public officer, be punished under Section nine of this Act and shall be permanently or temporarily disqualified in the discretion of the Court, from transacting business in any form with the Government. Section 4. Prohibition on private individuals. (a) It shall be unlawful for any person having family or close personal relation with any public official to capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift or material or pecuniary advantage from any other person having some business, transaction, application, request or contract with the government, in which such public official has to intervene. Family relation shall include the spouse or relatives by consanguinity or affinity in the third civil degree. The word "close personal relation" shall include close personal friendship, social and fraternal connections, and professional employment all giving rise to intimacy which assures free access to such public officer. (b) It shall be unlawful for any person knowingly to induce or cause any public official to commit any of the offenses defined in Section 3 hereof. Section 5. Prohibition on certain relatives. It shall be unlawful for the spouse or for any relative, by consanguinity or affinity, within the third civil degree, of the President of the Philippines, the Vice-President of the Philippines, the President of the Senate, or the Speaker of the House of Representatives, to intervene, directly or indirectly, in any business, transaction, contract or application with the Government: Provided, That this section shall not apply to any person who, prior to the assumption of office of any of the above officials to whom he is related, has been already dealing with the Government along the same line of business, nor to any transaction, contract or application already existing or pending at the time of such assumption of public office, nor to any application filed by him the approval of which is not discretionary on the part of the official or officials concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law, nor to any act lawfully performed in an official capacity or in the exercise of a profession. Section 6. Prohibition on Members of Congress. It shall be unlawful hereafter for any Member of the Congress during the term for which he has been elected, to acquire or receive any personal pecuniary interest in any specific business enterprise which will be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by the Congress during the same term. The provision of this section shall apply to any other public officer who recommended the initiation in Congress of the enactment or adoption of any law or resolution, and acquires or receives any such interest during his incumbency. It shall likewise be unlawful for such member of Congress or other public officer, who, having such interest prior to the approval of such law or resolution authored or recommended by him, continues for thirty days after such approval to retain such interest. Section 7. Statement of assets and liabilities. Every public officer, within thirty days after the approval of this Act or after assuming office, and within the month of January of every other year thereafter, as well as upon the expiration of his term of office, or upon his resignation or separation from office, shall prepare and file with the office of the corresponding Department Head, or in the case of a Head of Department or chief of an independent office, with the Office of the President, or in the case of members of the Congress and the officials and employees thereof, with the Office of the Secretary of the corresponding House, a true detailed and sworn statement of assets and liabilities, including a statement of the amounts and sources of his income, the amounts of his personal and family expenses and the amount of income taxes paid for the next preceding calendar year: Provided, That public officers assuming office less than two months before the end of the calendar year, may file their statements in the following months of January. Section 8. Dismissal due to unexplained wealth. If in accordance with the provisions of Republic Act Numbered One thousand three hundred seventy-nine, a public official has been found to have acquired during his incumbency, whether in his name or in the name of other persons, an amount of property and/or money manifestly out of proportion to his salary and to his other lawful income, that fact shall be a ground for dismissal or removal. Properties in the name of the spouse and unmarried children of such public official may be taken into consideration, when their acquisition through legitimate means cannot be satisfactorily shown. Bank deposits shall be taken into consideration in the enforcement of this section, notwithstanding any provision of law to the contrary. Section 9. Penalties for violations. (a) Any public officer or private person committing any of the unlawful acts or omissions enumerated in Sections 3, 4, 5 and 6 of this Act shall be punished with imprisonment for not less than one year nor more than ten years, perpetual disqualification from public office, and confiscation or forfeiture in favor of the Government of any prohibited interest and unexplained wealth manifestly out of proportion to his salary and other lawful income. Any complaining party at whose complaint the criminal prosecution was initiated shall, in case of conviction of the accused, be entitled to recover in the criminal action with priority over the forfeiture in favor of the Government, the amount of money or the thing he may have given to the accused, or the value of such thing. (b) Any public officer violation any of the provisions of Section 7 of this Act shall be punished by a fine of not less than one hundred pesos nor more than one thousand pesos, or by imprisonment not exceeding one year, or by both such fine and imprisonment, at the discretion of the Court. TCU_CCJ_SY2022-2023S1_CIP1_CRIMINOLOGY4_ProfMonisMM… Page 18 of 42 The violation of said section proven in a proper administrative proceeding shall be sufficient cause for removal or dismissal of a public officer, even if no criminal prosecution is instituted against him. Section 10. Competent court. Until otherwise provided by law, all prosecutions under this Act shall be within the original jurisdiction of the proper Court of First Instance. Section 11. Prescription of offenses. All offenses punishable under this Act shall prescribe in ten years. Section 12. Termination of office. No public officer shall be allowed to resign or retire pending an investigation, criminal or administrative, or pending a prosecution against him, for any offense under this Act or under the provisions of the Revised Penal Code on bribery. Section 13. Suspension and loss of benefits. Any public officer against whom any criminal prosecution under a valid information under this Act or under the provisions of the Revised Penal Code on bribery is pending in court, shall be suspended from office. Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits under any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries and benefits which he failed to receive during suspension, unless in the meantime administrative proceedings have been filed against him. Section 14. Exception. Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude or friendship according to local customs or usage, shall be excepted from the provisions of this Act. Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any profession, lawful trade or occupation by any private person or by any public officer who under the law may legitimately practice his profession, trade or occupation, during his incumbency, except where the practice of such profession, trade or occupation involves conspiracy with any other person or public official to commit any of the violations penalized in this Act. Section 15. Separability clause. If any provision of this Act or the application of such provision to any person or circumstances is declared invalid, the remainder of the Act or the application of such provision to other persons or circumstances shall not be affected by such declaration. Section 16. Effectivity. This Act shall take effect on its approval, but for the purpose of determining unexplained wealth, all property acquired by a public officer since he assumed office shall be taken into consideration. Approved: August 17, 1960 Republic Act No. 7080 July 12, 1991 AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Definition of Terms - As used in this Act, the term - a) Public Officer means any person holding any public office in the Government of the Republic of the Philippines by virtue of an appointment, election or contract. b) Government includes the National Government, and any of its subdivisions, agencies or instrumentalities, including government-owned or -controlled corporations and their subsidiaries. c) Person includes any natural or juridical person, unless the context indicates otherwise. d) Ill-gotten wealth means any asset, property, business enterprise or material possession of any person within the purview of Section Two (2) hereof, acquired by him directly or indirectly through dummies, nominees, agents, subordinates and/or business associates by any combination or series of the following means or similar schemes: 1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury; 2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned; 3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities or government-owned or -controlled corporations and their subsidiaries; 4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including promise of future employment in any business enterprise or undertaking; 5) By establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; or TCU_CCJ_SY2022-2023S1_CIP1_CRIMINOLOGY4_ProfMonisMM… Page 19 of 42 6) By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines. Section 2. Definition of the Crime of Plunder; Penalties - Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt or criminal acts as described in Section 1(d) hereof, in the aggregate amount or total value of at least Seventy-five million pesos (P75,000,000.00), shall be guilty of the crime of plunder and shall be punished by life imprisonment with perpetual absolute disqualification from holding any public office. Any person who participated with said public officer in the commission of plunder shall likewise be punished. In the imposition of penalties, the degree of participation and the attendance of mitigating and extenuating circumstances shall be considered by the court. The court shall declare any and all ill-gotten wealth and their interests and other incomes and assets including the properties and shares of stock derived from the deposit or investment thereof forfeited in favor of the State. Section 2 As amended by Section 12 of RA No.7659 "Sec. 2. Definition of the Crime of Plunder; Penalties. - Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt criminal acts as described in Section 1 (d) hereof in the aggregate amount or total value of at least Fifty million pesos (P50,000,000.00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death. Any person who participated with the said public officer in the commission of an offense contributing to the crime of plunder shall likewise be punished for such offense. In the imposition of penalties, the degree of participation and the attendance of mitigating and extenuating circumstances, as provided by the Revised Penal Code, shall be considered by the court. The court shall declare any and all ill-gotten wealth and their interests and other incomes and assets including the properties and shares of stocks derived from the deposit or investment thereof forfeited in favor of the State." Section 3. Competent Court - Until otherwise provided by law, all prosecutions under this Act shall be within the original jurisdiction of the Sandiganbayan. Section 4. Rule of Evidence - For purposes of establishing the crime of plunder, it shall not be necessary to prove each and every criminal act done by the accused in furtherance of the scheme or conspiracy to amass, accumulate or acquire ill-gotten wealth, it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy. Section 5. Suspension and Loss of Benefits - Any public officer against whom any criminal prosecution under a valid information under this Act in whatever stage of execution and mode of participation, is pending in court, shall be suspended from office. Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits under any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries and other benefits which he failed to receive during suspension, unless in the meantime, administrative proceedings have been filed against him. Section 6. Prescription of Crimes - The crime punishable under this Act shall prescribe in twenty (20) years. However, the right of the State to recover properties unlawfully acquired by public officers from them or from their nominees or transferees shall not be barred by prescription, laches, or estoppel. Section 7. Separability of Provisions - If any provisions of this Act or the application thereof to any person or circumstance is held invalid, the remaining provisions of this Act and the application of such provisions to other persons or circumstances shall not be affected thereby. Section 8. Scope - This Act shall not apply to or affect pending prosecutions or proceedings, or those which may be instituted under Executive Order No. 1, issued and promulgated on February 28, 1986. Section 9. Effectivity - This Act shall take effect after fifteen (15) days from its publication in the Official Gazette and in a newspaper of general circulation. Approved: July 12, 1991 TCU_CCJ_SY2022-2023S1_CIP1_CRIMINOLOGY4_ProfMonisMM… Page 20 of 42  LAW ENFORCEMENT / PNP CODE OF ETHICS. PNP ETHICAL DOCTRINE. PNP MANUAL PNPM-D-0-4-14 (DHRDD) s2014 CHAPTER 1: DECLARATION OF POLICY Section 1 General 1.1 Purpose. This manual prescribes the Ethical Doctrine for the Philippine National Police. Its purpose is to provide moral and ethical guidance to all PNP members. 1.2 Scope and Limitation a. This Ethical Doctrine was culled from the PNP Code of Professional Conduct and Ethical Standards (PNPCOPCES) with inception of additional and related principles. This manual contains policies, principles, guidelines and sanctions. All geared towards the internalization of moral values and service dedication. This Doctrine consists of seven chapters with contents similar to the provisions of the PNPCOPCES. The adoption of the PNP Code of Conduct as an Ethical Doctrine reinforces the former as an effective instrument in the moral values internalization in the PNP. b. This Ethical Doctrine applies to both uniformed and nonuniformed personnel of the PNP, unless specified otherwise. c. This Ethical Doctrine is in accordance with the PNP Fundamental Doctrine and the Code of Professional Conduct and Ethical Standards. Section 2 Declaration of Policy All members of the Philippine National Police shall abide, adhere to and internalize the provisions of this Ethical Doctrine. Towards this end, a truly professionalized and dedicated law enforcer shall be developed in promoting peace and order. Ensuring public safety and enhancing community participation guided by the principle that a public office is a public trust and that all public servants must at all times be accountable to the people. They shall serve with utmost responsibility, integrity, morality, loyalty and efficiency with due respect to human rights and dignity as hallmark of a democratic society. They shall at all times, support and uphold the Constitution, bear faithful allegiance to the legitimate government, respect the duly constituted authority and be loyal to the police service. CHAPTER 2: POLICE OFFICER’S CREED AND STAND ON BASIC ISSUES Section 1 The PNP Core Values The police service is a noble profession which demands from its members specialized knowledge and skills, as well as high standard of ethics and morality. Hence, the members of the Philippine National Police must adhere to and internalize the enduring core values of love of God, respect for authority, selfless love and service for people, sanctity of marriage and family life, responsible dominion and stewardship over material things, and truthfulness. Section 2 The Police Officer’s Creed 2.1 I believe in God, the Supreme Being, a Great Provider, and the Creator of all men and everything dear to me. In return, I can do no less than love Him above all, by obeying His word, seeking His guidance in the performance of my sworn duties, and honoring Him at all times. 2.2 I believe that respect for authority is a duty. I respect and uphold the Constitution, the laws of land and the applicable rules and regulations. I recognize the legitimacy and authority of the leadership; and obey legal orders of my superior officers. 2.3 I believe in selfless love and service to people. Towards this end, I commit myself to the service of my fellowmen over and above my personal interest. 2.4 I believe in the sanctity of marriage and family life. I shall set the example of decency and morality and shall have high regard for family life and value of marital fidelity. 2.5 I believe in the responsible dominion and stewardship over material things. I shall inhibit myself from extravagance and ostentatious display of material things. I shall respect private and public properties and prevent others from destroying them. I shall help protect the environment and conserve nature to maintain ecological balance. 2.6 I believe in the wisdom of truthfulness. I must be trustworthy and shall uphold the truth at all times. Section 3 PNP Stand On Basic Issues The deployment and employment of the PNP personnel require the organization and its members to bare their stand on the following basic issues: 3.1 PNP Image. The i