PRELIM Instructor: Maverick P.

Garcia, RCrim
Subject: LEA. 8

I. INTRODUCTION

PUBLIC OFFICE

Public Office refers, within the framework of governmental organization, to any major functional
unit of a department.

It is also the right, authority and duty created by law, by which for a given period, an individual
is invested with some portion of the sovereign functions to be exercised for the benefit of the public.
(Aparri v. Court of Appeals, G.R. 30057, 31 Jan. 84) “Public office is intended primarily for the
collective protection, safety, and benefit of the common good. It cannot be compromised to favor
private interests.” (Chief Justice Marcel B. Fernan)

NATURE OF PUBLIC OFFICE

 Public office is created, by the Constitution or statute or by an ordinance authorized by law, for
the benefit of the public.

 It is granted to eligible citizens, through legitimate appointment or election, with permanent

duties to perform.

 It embraces the idea of tenure, duration and continuity.

 Its authority is exercised within the scope of the office and its activities are regulated by law
and rules.

POWER AND DUTIES ARE PRESCRIBED BY LAW

Generally, there can be no office without responsive duties and functions to be performed by
the officer. In the absence of any constitutional prohibition, the state has the power to enlarge, repeat,
and limit the authority of the public officers and may enlarge their responsibilities and declare what
activities are inconsistent with the proper performance of public duties.

In general, the powers and duties of officers are prescribed by the Constitution or by statute, or
both, and they are measured by the terms and necessary implication of the grant and must be
executed in the manner directed and conferred by proper authority. They cannot be merely assumed
by merely assumed by administrative officers, nor can they be created by the courts in the proper
exercise of their judicial functions.

The prescription of official duties by statute or ordinance is not an exclusive test of authority,
when neither express provision, nor implication from the nature of the office, calls for it. The duties of
a public office include all those which fairly lie within its scope, those which are essential to the
accomplishment of the main purposes for which the office was created, and those which benefit, the
accomplishment of the principal purposes. But these implications are not to be extended beyond the
fair interferences to be gathered from the circumstances of each case. (Blanco, Limits of
Administrative Power, 205 SCRA 120)
 The officer has the right to exercise the powers and perform the duties of his office. Such right
is a continuing one, in case his tenure of his office is independent of any administrative superior, so
far as the length of term is considered. Only those officers have a permanent right to exercise the
powers and perform the duties of the office who may not be arbitrarily discharge by an administrative
superior. (Goodnow, Principle of Administrative law, p. 282) The powers of a public officer include all
those which truly lie within his scope, those which are essential to the accomplishment of the main
purpose for which the office was created and those which, although incidental and collateral, are
germane to, and serve to promote the accomplishment of the principal purposes. (Lo Cham vs.
Ocampo, 77 Phil. 635)

POLICE POWER OF THE STATE

Police power is the power inherent in the state to prescribe regulations to promote the health,
morals, education, good order or safety, and general welfare of the people. It rests upon public
necessity and upon the right of the State and of the public to self-protection. “Salus populi est
suprema lex” or “the welfare of the people is the supreme law.” It is coextensive with the necessities
of the case and the safeguards of public interest. Its scope expands and contracts with changing
needs. (BASECO vs. PCGG, G.R. 75885, 27 May 87)

By its nature and scope, police power embraces, the power to prescribe regulations to promote
the health, morals, education, good order, safety, or the general welfare of the people; an inherent
and plenary power of the state which enables it to prohibit all things hurtful to the comfort, safety and
welfare of society; the power to promote the general welfare and public interest; the power to enact
laws in relation to persons and property as may promote public health, public morals, public safety
and the general welfare of each individual; the power to preserve public order and to prevent offenses
against the state and to establish for the intercourse of citizen with citizen those rules of good
manners and good neighborhood calculated to prevent conflict of rights. (Morfe vs. Mutuc, 22 SCRA
424)

To enforce the police power of the state, it is necessary to assign such task to a public office
with prescribed powers and duties, thus the “Police” make up that branch of the criminal justice
system that has the specific responsibility of maintaining law and order and combating crime within
the society.

PHILIPPINE NATIONAL POLICE

The Philippine National Police is a public office established under Republic Act No. 6975 and
have the following prescribed powers and functions:

 Enforce all laws and ordinances relative to the protection of lives and properties;

 Maintain peace and order and take all necessary steps to ensure public safety;

 Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice
and assist in their prosecution;

 Exercise the general powers to make arrest, search and seizure in accordance with the
Constitution and pertinent laws;

 Detain an arrested person for a period not beyond what is prescribed by law, informing the
person so detained of all his rights under the Constitution;
  Issue licenses for the possession of firearms and explosives in accordance with law;

 Supervise and control the training and operations of security agencies and issue licenses to
operate security agencies, and to security guards and private detectives, for the practice of
their professions; and

 Perform such other duties and exercise all other functions as may be provided by law.

ROLE OF THE POLICE

The ideal role of the police in a democratic society has been succinctly described by the British
Royal Commission on Police (1962):

“The police should be powerful but not oppressive; they should be efficient but not officious;
they should form an impartial force in the body politic, and yet be subject to a degree of control by
persons who are not required to be impartial and who are themselves liable to police supervision.”

The attainment of this ideal is inherent in the thrust towards professionalization of police work
and having an accountable police organization.

PUBLIC OFFICE IS A PUBLIC TRUST

Public office is a public trust. All government officials and employees must at all times be
accountable to the people, serve them with utmost responsibility, loyalty and efficiency, act with
patriotism and justice, and lead modest lives. This constitutional mandate should always be in the
minds of all members of the Philippine National Police to guide them in their actions during their entire
tenure in the governmental service.

A public servant must exhibit at all times the highest sense of honesty and integrity. As a
recipient of a public trust, he is obliged to do the duties of his office honestly, faithfully, and to the best
of his ability. As a trustee for the public, he must demonstrate courtesy and civility in his official
actuations with the public. He must use reasonable skill and diligence in performing his official duties,
particularly where rights of individuals may be jeopardized by his neglect. He is bound virtue offici, to
bring to the discharge of his duties that prudence, caution and attention which careful men usually
exercise in managing their own affairs (Balais v. Deputy Provincial Sheriff, Adm. R-565-P, 27 Nov.
86)

Section 4 (a) of the Code of Conduct and Ethical Standards for Public Officials and Employees
mandates that 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.

The internalization of the concept of public accountability among the members of the Philippine
National Police (PNP) is a necessary pre-condition in the exercise of their powers and in the
performance of their functions.

ALLEGIANCE TO THE CONSTITUTION AND THE PEOPLE

The notion nurtured under the past regime that those appointed to public office owe their
primary allegiance to the appointing authority and are accountable to him alone and not to the people
or the Constitution must be discarded. The function of the appointing authority with the mandate of
the people, under our system of government, is to fill the public posts. While the appointee may
acknowledge with gratitude the opportunity thus given of rendering public service, the appointing
authority becomes functus officio and the primary loyalty of the appointed must be rendered to the
Constitution and the sovereign people in accordance with his sacred oath of office. (Galman v.
Sandiganbayan, G.R. 72670, 12 Sept. 86)

In seeking office, accepting duties and rendering service to the government, PNP members
must bear in mind that their primary loyalty should be to the people they are supposed to serve. And
above all they must affirm their utmost commitment to “democratic way of life and values as well as
their loyalty to the Republic and the Filipino people.”

MAN IN UNIFORM

The man in uniform belongs to the elite in public service. His eminent credential is his absolute
loyalty to the Constitution, the flag, his country and his people. He is the main guardian against
external and internal aggression. He is a man of honor and courage. He is a gentleman. He is given
arms to insure his capability as an instrument of peace. When he is drafted in the Philippine National
Police or the Armed Forces he becomes a peace officer, a law enforcer, a law man. Respect for the
law is his article of faith.

However, when he wavers and fails to live up to the highest standard of fidelity to his country
and people and government, he is sworn to protect, he becomes an outlaw and a disgrace to his
uniform. The state has a right to hold him to account for his transgressions and to see to it that he can
not use the awesome powers of his status to jeopardize the security and peace of the citizenry.
(Abadilla v. Fidel Ramos, G.R. 79193, 1 Dec. 87)

PUBLIC SERVANTS MUST WIN RESPECT AND CONFIDENCE

Time and again, we hear of public servants acting in utter defiance of the principles enshrined
in the Constitution and in complete disregard of what they swore in the name of God before assuming
their posts in the public service. Consequently, the people’s trust and faith in the government has
slowly eroded. There in very little respect and confidence left. (City Mayor v. Court of Appeals, G.R.
80270, 27 Feb. 90)

It is difficult to see how the laws of a country can be enforced if the officials themselves openly
and notoriously violate the law and encourage others to join them in such violation. Governments are
organized and public officials are appointed for the purpose of enforcing the laws and maintaining
good order, peace and quietude among the people. If the public officials prove untrue to the trust
imposed in them, then indeed will organized governments have been organized in vain and the taxes
imposed and collected without beneficial result. (U.S. vs. Flores, 38 Phil. 800)

This in turn has resulted in a widespread feeling of disappointment and dissatisfaction in the
government machinery. Gone are the days when one of the shining ambitions of a college graduate
was to have a career in the civil service; when working in the government meant self-fulfillment. Now,
young and talented graduates shy away from the public service which is unfortunately perceived to be
unattractive and totally lacking in luster. It is only when those in the government sector serve with the
highest degree of responsibility, integrity, loyalty and efficiency and act in accordance with the tenets
of the Constitution can such lost respect and confidence be regained. (City Mayor v. Court of
Appeals, G.R. 80270, 27 Feb. 90)
 The good of the service and the degree of morality which every official and employee in the
public service must observe, if respect and confidence are to be maintained by the Government in the
enforcement of the law, demand that no untoward conduct on his part, affecting morality, integrity and
efficiency while holding office should be left without proper and commensurate sanction, all attendant
circumstances taken into account. (Soriano vs. Quintos, 133 SCRA 215)

GOVERNMENT OFFICIALS ARE SUBJECT TO RULES

Decency, security, and liberty alike demand that government officials shall be subjected to the
same rules of conduct that are commands to the citizen. In a government of laws, existence of the
government will be imperiled if it fails to observe the law scrupulously. Our government is the potent,
the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is
contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man
to become a law unto himself; it invites anarchy. To declare that in the administration of the criminal
law the end justifies the means-to declare that the government may commit crimes in order to secure
the conviction of a private criminal-would bring terrible retribution. Against that pernicious doctrine this
court should resolutely set its face. (Olmstead vs. United States 277 US 438)

GRAFT AND CORRUPTION

Graft and corruption is but one of the unwholesome practices that have blocked the progress
of the country since the founding of the Republic. There have come down from centuries of colonial
life, national practices and habits which although taken for granted and accepted by our people,
nevertheless impede a sound and speedy development and should, therefore, be rectified or
discarded. These outmoded and pernicious practices and habits run through the gamut of the
national life and cut through moral, economic, social, political and cultural phases of the people’s
existence. (Macapagal)

“Graft and corruption are the order of the day. How to fill one’s pocket with the fund, and how
to entrench oneself, one’s party, even one’s family in power, and how to enjoy the perks in terms of
travels abroad become the name of the game in government.” (Cardinal Sin)

The evils of corruption are slowly corroding the pillars of our society. All that we need to do is
to go back to the too well known rule of conduct that honesty is the best policy. Those who cannot live
up to this criterion should get out of the government service. It is as simple as that. (Mejia v.
Pamaran, G.R. 56741-42, 15 April 88)

STANDARDS FOR PUBLIC OFFICERS

Like water, a public official or leader cannot rise above the level of his moral make up. What a
man is in private life he will likely be in public life. In discharging his office, and avowedly dispensing
justice, or services to the people, his will, judgment and action are circumscribed by his moral outlook.

The man who set a high moral standard for himself can be expected to discharge his office
with more fidelity to it and to the people. The leader with a low moral sense is the man who can
compromise principle for expediency, who can betray his trust and the people because he has no
moral inhibition for doing so.

He who seeks to enter the public service must search his soul and his heart for the necessary
spiritual motivation of good public servants, e.g., sincerity and devotion to the service of the people.
 If he is not so equipped, the public service has no place for him. (Gagelonia quoting D.
Macapagal, Cyclopedia of Philippine Quotations, page 245)

POLICE LIFESTYLE

The Philippine National Police (PNP) shall endeavor to promote a lifestyle for every member pf
the organization that is acceptable and respectable in the eyes of the public. Further, its members
should set good example to the subordinates and follow good example from the superiors. They must
be free from greed, corruption and exploitation. The public expects a police officer to live a simple, yet
credible and dignified life. (Sec. 3, Art. II, PNP Code of Professional Conduct)

All PNP members shall adhere to high standards of morality and decency and shall set good
examples for others to follow. Hence, among others, and in no instance during their terms of office
shall they be involved as owners, operators, managers or investors in any house of ill-repute or illegal
gambling den or other places devoted to vices; nor shall they patronize such places unless on official
duty, and tolerate operations of such establishments in their respective areas of responsibilities. They
shall be faithful to their lawfully wedded spouses. (Sec. 3, Art. III, PNP Code of Professional Conduct)

PUBLIC SERVICE MUST BE ROOTED IN RIGHTEOUSNESS

Public service, in order to be deserving of public faith and confidence, must also be rooted
firmly in the bedrock of righteousness. Public officials should not dwell in an ivory tower, aloof and
unconcerned about the sufferings and injustice around them. What is unjust is immoral and what is
immoral is stupid. The same instinct should move public servants to combat oppression and injustices
in any form. Today they may feel safe and secure and confidently pass judgment soon the lives and
properties of their countrymen in misfortune. Tomorrow, others will sit in judgment over them “visiting
the iniquity of the father upon the children into the third and fourth generations of them.” And the
moral law will continue unabated and inflexible and, as the physical world, there shall be to every
action, an opposite and actual reaction. (Jose P. Laurel, Gems of Thought, p. 63)

PART II

THE PHILIPPINE NATIONAL POLICE

II – 1. Historical and Legal Background

 Civil Government in the Philippines – On July 4, 1901, the American Civil Government was
inaugurated and its immediate task was to restore peace and order throughout the country.
The Philippine Commission enacted Act No. 175 (July 18, 1901) creating an insular police
force which become known as the Philippine Constabulary. On August 8, 1901 the first chief of
Constabulary, Henry T. Allen, was designated and confirmed by the Civil Commission.

In his report to the U.S. Secretary of War, Civil Governor Howard Taft described the
scheme of the Philippine Constabulary as follows:

“The general scheme is to create an insular force of not exceeding one hundred
and fifty men for each province, selected from the natives thereof, who may be mounted
 in whole or in part, and who are placed under the immediate command of one or more,
not exceeding four provincial inspectors. The whole body is placed under the control of
a chief and four assistant chiefs of Constabulary.

“Full powers are given to properly arm, equip, maintain, and discipline the force,
which enlisted for two years, unless sooner discharged. They are declared to be police
officers, and it is made their special duty to discharge and, suppress brigandage,
insurrection, unlawful assemblies, and breaches of the peace. For this purpose they are
given authority to make arrests, but are required at the earliest possible moment to
bring the prisoners before a magistrate for examination.”

 Police Accountability under Act No. 175

- Any officer or member of the Insular Police force found guilty of obtaining for his own use
any money or property from any person by threats of arrest or actual arrest or intended
prosecution shall be guilty of a crime, and shall be punished by imprisonment for not less
than one year and not more than ten years.

- No member of the Insular Police force shall interfere in any way with any elections held in
the province for municipal or provincial officer. Any member of the Insular Police who is
resident of the province and entitled to vote may exercise such right, but he shall neither
take part as an officer of the election nor solicit votes for any candidate nor be a candidate
himself at any election. Any violation of this section shall be ground for his removal from
office. Upon conviction before a justice of the peace of a violation of this section, he shall
be fined in any sum not exceeding one hundred dollars, or imprisoned for any time not
exceeding six months, or both. (Secs. 19 and 20, Act No. 175)

 The Revised Administrative Code (1917) – provides that the mayor as chief executive officer
of the municipal government is empowered to issue orders relating to the police or to public
safety and order for the purpose of avoiding conflagration, floods and the effects of storms and
other public calamities. Section 2259 provides further that “the chief of police and other
members of the force shall be appointed by the mayor, with the consent of the municipal
council. In case of disagreement between the mayor and the municipal council regarding the
appointment of the chief of police, if such disagreement extends over more than three months
after the submission of the nomination by the mayor, the provincial board shall take action and
decide such disagreement, and its decision shall be final.”

 The 1935 Philippine Constitution – Section 9, Article XIV provides that “the government shall
organize and maintain a national police force to preserve public order and enforce the law.”
After the ratification of the Constitution, President Manuel L. Quezon issued Commonwealth
Act No.1 (Dec. 21, 1935), otherwise known as the National Defense Act creating the Philippine
Army with the Constabulary as its fighting core. The absorption of the Constabulary into the
Philippine Army was completed by Executive Order No. 11 (Jan. 11, 1936).

 State Police – Commonwealth Act No. 88 (Oct. 26, 1936) established the state police by
integrating the police forces in all municipalities, chartered cities and provincial guard
organizations. Under this law, the state police was placed under the Department of Interior.
“The Commissioner of Pu blic Safety shall be directly responsible to the Secretary of the
Interior for the strict and faithful enforcement of the law and maintenance of order throughout
the country and shall have the power to promulgate, with the approval of the Department Head
and the President of the Philippines, the necessary rules and regulations not inconsistent with
existing laws for the proper government, discipline, inspection and admission to examination of
the members of the State Police force, prescribing the subject for such examination which shall
be held under the direction of the Bureau of Civil Service; prescribe the uniforms, insignia,
 arms and equipment to be used by the police force; and organize such rural police as may be
necessary.”

 Reorganization of the National Police (1938) – Commonwealth Act No. 88 was repealed
which resulted in the detachment of the Philippine Constabulary Division (PCD) from the
Philippine Army to assume the functions of the National Police. (Commonwealth Act No. 343,
June, 23, 1938) The local police forces were restored to their former status with the signing of
Executive Order No. 153 which again placed then under the Department of Interior.

 Semi-Military Organization – While different laws were passed effecting the organizational
set-up of the Constabulary from its inception in August 8, 1901, up to the outbreak of war,
none of these laws changed the primary mission and objective for which the organization was
originally conceived by the Honorable Luke E. Wright. It had always remained a semi-military
organization, clothed with police powers co-extensive with the geographical limits and
boundaries of the Philippine. (J. Rod Farinas, The Constable & INP Journal, July-Aug. 1985, p.
64)

 General National Police Duties – Executive Order No. 308 and 309 which where
promulgated at the height of the Huk rebellion in March 30, 1950 by President Elpidio Quirino,
reconstituted the Philippine Constabulary as major service command of the Armed Forces of
the Philippines. It performed national police duties while exiting side by side with the local
police departments which were directly supervised by the city and municipal mayors. On
December 23, 1950, Executive Order 389 was promulgated reducing the AFP service
command to four.

 Police Reform Law – Republic Act No. 4864 otherwise known as the Police Act of 1966
created the Police Commission to carry out the objectives of upgrading and professionalizing
the police service, and formulating crime prevention programs. (Sept. 8, 1996)

 Police Manual – To upgrade the police service as intended by R.A. No. 4864, the President
issued Executive Order No. 113 which embodied the rules and regulations governing the
organization, administration and operation of local police agencies.

 Republic Act No. 6040 – This legislative act, otherwise known as the Tolentino Law,
empowered the Police Commission to give appropriate examinations to officers and members
of the police forces aimed at professionalizing the police service.

 Salary Subsidies - Republic Act No. 6141 embodying the Peace and Order Special Account
made possible the payment of police salary subsidies which was a morale-booster to the
underpaid law enforces. (1970)

 Restructuring of Police Commission – Letter of Implementation No. 21 dated December 31,

1972 restructured and retitled the eight departments of the Commission into four staff services
and four operating branches, namely: Planning Service, Administrative Service, Financial and
Management Service, Inspection, Investigation and Intelligence Branch, Legal Affairs Branch,
Training Branch and Communication Branch. It also lodged in the Commission the function of
attesting police appointments.

 The 1973 Philippine Constitution – Section 12, Article XV states that “the state shall
establish and maintain an integrated national police force whose organization, administration,
and operation shall be provided by law.”

 Amendments to Police Reform Law – Presidential Decree No. 448 (May 9, 1974) was
enacted effecting major amendments to the Police Act of 1996, providing for stronger powers
 for the Commission in the pursuit of its mandated goals, liberalizing requirement and selection
of police rank and file and top echelon, revising the requirements or procedures for promotion,
substantially increasing benefits for service-connected death, disability, and payment related
medical expenses; and amending the legal provisions on administrative disciplinary
investigation and adjudication as earlier modified by PD 12, 12-A and 12-B specifically
providing for the appointment board of investigators the hearing of police cases.

 Special Appellate Committee – Presidential Decree No. 580, enacted on November 13,
1974, created the Special Appellate Committee to review appealed cases wherein the penalty
imposed by the adjudication Board is removal or dismissal from the service within fifteen days
from receipt of the decision or resolution.

 Integrated National Police – Pursuant to the constitutional mandate, Presidential Decree No.
765 (Aug. 8, 1975) was enacted creating the Integrated National Police with the NAPOLCOM
and the PC-INP as coordinate agencies under the Department of National Defense. The
Commission exercised its remaining powers and functions such as attestation of
appointments, examination, investigation, adjudication and review of administrative cases,
adjudication and payment of permanent disability and death benefits, and staff inspection and
audit over the police, fire, and jail components of the Integrated National Police.

The municipal police forces which were previously consolidated under Presidential
Decree Nos. 421, 482, 531, 585 and 641 were made components of the Integrated National
Police.

The advantages of an Integrated National Police as envisioned under P.D. No. 765 are
the following:

- Provides for a system to effective law enforcement and public safety unhampered by
political and territorial boundaries;

- Obliterates apparent or real rivalries, conflicts, jealousies and indifference among police
forces;

- Provides for a cohesively organized, better coordinated and effectively directed police
forces;

- Provides for a uniform and standardized system of administration, compensation, and

equipage of police, jail and fire services; and

- Maximize the utilization of manpower and resources.

 Duties of INP member – Under DND-DLGD-INP Joint Memorandum Circular (Sept. 15,
1975), the following are the duties of the officers and members of the Integrated National
Police:

- Enforce the laws and maintain peace and order within the territorial limits of the Philippines.

- Prevent crimes, effect the arrest of criminal offenders and provide for their detention and
rehabilitation.

- Investigate the commission of all crimes and offenses and bring the offenders to justice.

- Take necessary measures to prevent and control fires.

 - Take all necessary steps to insure safety and protection of lives and properties.

- Cooperate and/or coordinate with the local civil officials for the effective and faithful
execution of the foregoing duties.

 INP Advisory Council – Under the above-mentioned Joint Memorandum Circular, the
Integrated National Police Advisory Council have the following functions within its area:

- Advise the commander of the INP command on matters pertaining to peace and order and
public safety;

- Recommend necessary measures to improve the law-enforcement system and public

safety conditions; and

- Assist the INP command in community relations, public information, and in enhancing or
promoting citizens’ involvement in the preservation of peace and order and public safety.

 Creation of Inter-Disciplinary Committee (Nov. 18, 1975) – Secretary Juan Ponce Enrile, in
his capacity as NAPOLCOM Chairman created an Inter-Disciplinary Committee representative
of the five pillars of the Criminal Justice System – police, prosecution, courts, corrections and
community – thus a systems approach in the formulation of a national crime prevention
program was introduced. The INP disciplinary machinery was further improved with the
enactment of PD 971 which provides legal assistance to INP members charged with service-
connected offenses.

 Crime Prevention and Reduction Programs – P.D. No. 1050, the General Appropriations
Decree of 1977, assigned a new budgetary program to the Commission for the management of
crime prevention. A new department in the agency called the Crime Prevention and
Coordinating Branch was created and organized pursuant to Napolcom General Order No. 6,
dated May 27, 1977 to coordinate the crime prevention and reduction programs of the five
pillars of the Criminal Justice System. The Branch is also tasked to undertake criminological
research/studies for the formulation of sound and effective crime prevention programs.

 General Supervision over INP units – The Governor of Metropolitan Manila, the Provincial
Governors, the City and Municipal Mayors were given the power to exercise general
supervision over units or elements of the Integrated National Police stationed or assigned
within their respective jurisdictions. (P.D. No. 1162, June 8, 1977)

 Personnel Development Standards – On August 26, 1977, PD No. 1184 was enacted in
order to promote career development in the police service by establishing uniform INP
personnel development standards. Said decree also authorized grant of survivorship benefits
to the surviving spouse or dependent legitimate children of INP member who died while in
service.

 Funding from Local Governments – As an exception to Letter of Instructions No. 779 (Dec.
6, 1978), members of the Integrated National Police were authorized to receive additional
compensation from any province, city, municipality or barangay, over and above the eighteen
per cent contribution of the city and municipal governments required by Presidential Decree
No. 632. (O.P. Letter of Instructions No. 909, Aug. 8, 1979; DND-DLGCD-INP Joint
Memorandum Circular, Jan. 28, 1976.)

 Operational Supervision by Local Executives – Executive Order No. 1012 (March 22, 1985)
as amended by Executive Order No. 1027 (May 14, 1985) vested on the city and municipal
mayors the operational supervision and direction over INP units in their respective localities.
 Under the Executive Order, the powers of city and municipal mayors over police stations in
their respective localities extend to the following:

- Approval of reassignment or detail of policemen outside their respective municipalities or

cities of residence.

- Approval of appointments of new policemen in the municipality and city.

- Summary disciplinary jurisdiction over minor offenses committed by INP members

(concurrent with the jurisdiction of INP Station Commanders), with the power to impose
penalties up to a maximum of thirty days suspension or forfeiture of pay.

 Administrative Control by Office of the President - Executive Order No. 1040 was
promulgated placing NAPOLCOM under the Office of the President and vested on the latter
the power of administrative control and supervision over the Integrated National Police. (July
10, 1985)

 The 1987 Philippine Constitution – Section 6, Article XVI of this constitution provides that
“the State shall establish and maintain one police force, which shall be national in scope and
civilian in character, to be administered and controlled by a National Police Commission. The
authority of local executives over the police units in their jurisdiction shall be provided by law”.

 Republic Act No. 6975 – As mandated by the constitution, Congress passed the “Department
of the Interior and Local Government Act of 1990” establishing the Philippine National Police.
This law provides that no element of the police force shall be military nor shall any position
thereof be occupied by active members of the Armed Forces of the Philippines. The PNP as
established under RA No. 6975 initially consisted of the members of the police forces who
were integrated into the Integrated National Police pursuant to Presidential Decree No. 765,
and the officers and enlisted personnel of the Philippine Constabulary. The officers and
enlisted personnel of the PC included those assigned with the Narcotics Command or the
Criminal Investigation Service, and those of the technical services of the Armed Forces of the
Philippines assigned with the PC and the civilian operatives of the Criminal Investigation
Service. The regular operatives of the abolished NAPOLCOM Inspection Investigation and
Intelligence Branch were also absorbed by the PNP.

Republic Act No. 6975 also provides in Section 37 for the promulgation of Code of
Conduct for PNP members by NAPOLCOM.

 PNP Code of Professional Conduct and Ethical Standards – NAPOLCOM RESOLUTION

NO. 92-4 (March 12, 1992) approved the PNP Code of Professional Conduct and Ethical
Standards as drafted by the PNP Convention Delegates coming from all regions, representing
various professions, cultures, and religions. The Code is envisioned “to promote a police
organization whose members are endowed with professionalism and strong sense of public
accountability”.

II – 2. The National Police Commission

CREATION

The National Police Commission was created by Republic Act No. 6975 to administer and
control the Philippine National Police (PNP) in pursuance of the provisions of Section 6, Article XVI of
the 1987 Constitution and to effectively discharge the powers and functions provided in the said Act.
 The Commission is a collegial body within the Department of the Interior and Local
Government and it is composed of a Chairman and four regular commissioners, one of whom is
designated as Vice-Chairman by the President. The Secretary of the Department is the ex-officio
Chairman of the Commission, while the Vice Chairman acts as the executive officer of the
Commission.

POWER AND FUNCTIONS OF NAPOLCOM

In conformity with the mandate of R.A. No. 6975, the powers and functions of the NAPOLCOM
are as follows:

A. Exercise administrative control over the Philippine National Police;

The term “administrative control” shall encompass, but is not limited to, the
promulgation of policies standards, plans and programs; the review, approval, reversal or
modification of plans and programs relating to personnel, organization, financial requirement,
logistics, discipline, benefits, training and education, and operations; the conduct of
management, audit, performance evaluation and inspection to determine compliance with
policies, standards and guidelines; and the adoption of measures to ensure that the PNP is
managed effectively, efficiently and economically in the pursuit of its mandated goals;

B. Advise the President on all matters involving police functions and administration;

C. Foster and develop policies and promulgate rules and regulations, standards and procedures
to improve police services based on sound professional concepts and principles;

D. Examine and audit, and thereafter establish the standards for such purposes on a continuing
basis, the performance, activities, and facilities of all police agencies throughout the country;

E. Prepare a police manual prescribing rules and regulations for efficient organization,
administration, and operation, including recruitment, selection, promotion and retirement;

F. Establish a system of uniform crime reporting;

G. Conduct surveys and compile statistical data for the proper evaluation of the efficiency and
effectiveness of all police units in the country;

H. Render to the President and to Congress an annual report of its activities and
accomplishments during the thirty days after the end of the conditions obtaining in the
organization and administration of police agencies in the municipalities, cities and provinces
throughout the country, and recommendations for appropriate remedial legislation;

I. Approve or modify plans and programs on education and training, logistical requirements,
communications, records, information systems, crime laboratory, crime prevention and crime
reporting;

J. Affirm, reverse or modify, through the National Appellate Board, personnel disciplinary actions
involving demotion or dismissal from the service imposed upon members of the Philippine
National Police by the Chief of the Philippine National Police;

K. Exercise appellate jurisdiction through the regional appellate boards over administrative cases
against policemen and over decisions on claims for police benefits;
 L. Recommend to the President, through the Secretary, within sixty days before the
commencement of each calendar year, a crime prevention program;

M. Prescribe minimum standards for arms, equipment, and uniforms and, after consultation with
the Philippine Heraldry Commission, for insignia of ranks, awards and medals of honor;

N. Issue subpoena and subpoena duces tecum in matters pertaining to the discharge who among
its personnel can issue such process and administer oaths in connection therewith;

O. Recommend to the President the appointment of the Deputy Chief of the PNP for operations
and Deputy Chief of Administration upon recommendation of the Chief, PNP;

P. Approve the organization by the Chief of the PNP of other essential support units to enhance
police operational efficiency and effectiveness;

Q. Promulgate a Performance Evaluation System and a Code of Conduct for the PNP;

R. Approve application for optional retirement of PNP member who have accumulated at least
twenty years of satisfactory active service;

S. Administer promotional examinations for PNP members;

T. Provide legal services, assistance and advice to the People’s Law Enforcement Boards
(PLEBS) in hearing and deciding cases against PNP members;

U. Investigate and adjudicate claims for death and disability benefits of PNP members;

V. Deputize governors and mayors as representatives of the Commission in their respective

territorial jurisdiction;

W. Promulgate, in coordination with the Secretary of Justice and the Chief of PNP, rules and
regulations on the provision of legal assistance to any member of the PNP who is facing before
the Prosecutor’s Office, the court or any competent body, a charge or charges arising from any
incident which is related to the performance of his duty; and

X. Perform such other functions necessary to carry out the provisions of R.A. No. 6975 and as the
President may direct.

POWER TO ADMINISTER OATHS

Officials of the NAPOLCOM who are appointed by the President, as well as the officers of the
PNP with the rank of Inspector or higher have the power; to administer oaths on matters which are
connected with the performance of their official duties.

II – 3. PNP Organizational Set-up

PNP ORGANIZATION

A. The PNP is composed of a national office, regional offices, provincial offices, district offices
and city and municipal stations.
B. The PNP maintains its national office in Metropolitan Manila where it houses the directorial
staff, service staff and special support units.

 The head of the directorial staff with the rank of Deputy Director General is known as
Chief of the Directorial Staff of the PNP.

 The heads of the various staff divisions in the directorial staff shall have the rank of
Director with the position title of Director of the directorial staff of respective functional
divisions.

 The head of the Inspectorate Division with the rank of Chief Superintendent assumes
the position title of Inspector General.

 The heads of the administrative and operational support divisions have the rank of Chief
Superintendent.

C. The PNP have regional offices, including that of the National Capital Region, which may be
divided into two separate regions, without prejudice to the pertinent provisions of the Organic
Act for the Autonomous Region of the Cordilleras and Muslim Mindanao relative to the creation
of a regional police force in the area of autonomy. Each of these regional offices is headed by
a Regional Director with the rank of Chief Superintendent. (Sec. 29 (d), IRR-RA No. 6975) The
PNP Regional Offices corresponds to the 15 regions (Regions 1 to 12, NCR, CAR, ARMM)
composed of the following:

 The Office of the Regional Director

 The Office of the Deputy Regional Director for Administrations

 The Office of the Deputy Regional Director for Operations

 The Office of the Chief, Regional Directorial Staff with the staff divisions, as follows:
- Regional Personnel and Human Resource Development Division

- Regional Logistic and Research and Development Division

- Regional Comptrollership and Finance Division

- Regional Intelligence Division

- Regional Operations and Plans Division

- Regional Police-Community Relations Division

- Regional Investigation Division

 The Regional Inspectorate Division under the Office of the Regional Director

 The Regional Headquarters Support Group

 The Regional Mobile Force

 The Regional Administrative Support Units whose presence is necessary in the regional
level which are limits only to the following: Medical & Dental Unit and Communication Unit.
  The Regional Operational Support Units whose presence is necessary in the regional level.

D. The five District Offices of the National Capital Region (NCR), each headed by an NCR District
Director and assisted by a Deputy District Director.

E. The PNP Provincial Offices corresponding to all provinces throughout the country, each
headed by a Provincial Director and assisted by a Deputy Provincial Director.

F. The PNP District Offices which are organized in large provinces with four or more
Congressional districts, in which case, a police district shall be organized for every two or three
Congressional Districts. A PNP District office shall be headed by a District Director under the
direct command and control of the Provincial Director.

G. The City Police Stations of Highly urbanized cities outside of NCR which shall be under the
direct command and control of the PNP Regional Director and equivalent to a provincial office.

H. A police station headed by a Chief of Police which is established in every component city and
municipality, under the direct command and control of the Provincial Director or District
Director, as the case may be, and classified as follows under NAPOLCOM RESOLUTION No.
93-4:

 Component Cities
- Type “A” for cities with population ranging from 100,000 and above;

- Type “B” for cities with population ranging from 75,000 to less than 100,00;

- Type “C” for cities with less than 75,000 population.

 Municipalities
- Type “A” for those with population ranging from 75,000 or more;

- Type “B” for those with population ranging from 30,000 to less than 75,000;

- Type “C” for those with population of less than 30,000.

CHIEF OF THE PNP

 The PNP is headed by a Chief with the rank of Director General who is assisted by two deputy
chief with the rank of Deputy Director General, one for administration who is second in
command and one for operations who is the third in command, both of whom shall be
appointed by the President upon recommendation of the NAPOLCOM from among the most
senior and qualified officers in the service.

 No officer who has retired or is retirable within six months from his compulsory retirement age
can be appointed as Chief of the PNP. 

 The Chief of the PNP is appointed by the President from among the senior officers down to the
rank of chief superintendent, subject to confirmation by the Commission on Appointments.

 The Chief of the PNP serves a term of office not to exceed four years, however, in times of war
or other national emergency declared by Congress, the President may extend such term of
office.
  The command and direction of the PNP is vested in the Chief of the PNP who has the power to
direct and control tactical as well as strategic movements, deployment, placement, utilization of
the PNP or any of its units and personnel, including its equipment, facilities and other
resources. Such command and direction of the Chief of the PNP may be delegated to
subordinate officials with respect to the units under their respective commands, in accordance
with the rules and regulations prescribed by the NAPOLCOM.

 The Chief of the PNP also has the power to issue detailed implementing policies and
instructions regarding personnel, funds, properties, records, correspondence and such other
matters as may be necessary to effectivity carry out the functions, powers and duties of the
Bureau.

MANNING LEVELS OF PNP

 On the average nationwide, the manning levels of the PNP shall be approximately in
accordance with a police-to-population ratio of one policeman for every five hundred persons.
The actual strength by city and municipal police station shall depend on the state of peace and
order, population density and actual demands of the service in the particular area.

 The minimum police-to-population ratio shall not be less than one policeman for every one
thousand persons.

 The police-to-population ratio shall not include the mobile forces that may be created for
counter-insurgency operations and other contingencies subject to the approval of the National
Police Commission.

RANK CLASSIFICATION

For purposes of efficient administration, supervision and control, the rank of members of PNP
are classified under R.A. No. 6975 as follows.

RANK
RANK (NEW) RANK (OLD)
EQUIVALENT
Police General Director General - DG 4 Star General
Police Lieutenant General Deputy Director General - DDG Lt. General
Police Major General Director - Dir Major General
Police Brigadier General Chief Superintendent - Chief Supt Brig. General
Police Colonel Senior Superintendent - Sr Supt Colonel
Police Lieutenant Colonel Superintendent - Supt Lt. Colonel
Police Major Chief Inspector - Chief Insp Major
Police Captain Senior Inspector - Sr Insp Captain
Police Lieutenant Inspector - Insp Lieutenant

Police Executive Master Sergeant Senior Police Officer 4 - SPO IV Master Sgt.
Police Chief Master Sergeant Senior Police Officer 3 - SPO III Technical Sgt.
Police Senior Master Sergeant Senior Police Officer 2 - SPO II Staff Sgt.
Police Master Sergeant Senior Police Officer 1 - SPO I Sergeant
Police Staff Sergeant Police Officer 3 - PO III C1C
Police Corporal Police Officer 2 - PO II C2C
Patrolman/Patrolwoman Police Officer 1 - PO I Constable

The cadets of the PNPA are considered above the rank of Senior Police Officer IV but below
the rank of Inspector. After graduation they are automatically appointed in the initial rank of Inspector.
STAR RANK OFFICERS

There are sixty three star-rank officers (Chief Superintendent and up) of the PNP, distributed
as follows:

RANK NO. OFFICE

Police Director General 1 Chief, PNP
Police Deputy Director General 1 DDG for Administration
1 DDG for Operation
1 Chief, Directorial Staff

Police Director 10 Staff Directors

1 Inspector General

Police Chief Superintendent 14 Regional Directors

1 Inspector General
16 National Support Unit
Directors under RA 6975
5 NCR District Directors
2 NCR Deputy Regional
Directors
10 Deputy Staff Directors

PERCENTAGE RANK DISTRIBUTION

The ideal percentage rank distribution of the uniformed PNP members, except for the ranks of
Chief Superintendent and above, are as follows: (NAPOLCOM RESOLUTION No. 93-4)

RANK PERCENTAGE
Police Senior Superintendent .23
Police Superintendent .61
Police Chief Inspector 1.22
Police Senior Inspector 2.25
Police Inspector 4.10
Senior Police Officer 4 4.10
Senior Police Officer 3 7.74
Senior Police Officer 2 9.78
Senior Police Officer 1 12.50
Police Officer 3 14.95
Police Officer 2 18.77
Police Officer 1 23.75
Total 100%

ATTACHMENT OF THE TITLE “POLICE”

The attachment of the title “Police” before the ranks of PNP officers, not only adds prestige and
authority to the officers corps, but more importantly, it avoids confusion in distinguishing police
officers from other civilians holding similar titles. (NAPOLCOM MEMO CIRCULAR No. 92-2)
II – 4. PNP Support Units

PNP SUPPORT UNITS

The Chief of the PNP is supported by the administrative and operational support units with
each unit headed by a Director with the Rank of Chief Superintendent.

To further enhance police operational efficiency and effectiveness, the Chief of the PNP may
constitute additional support units as may be necessary, subject to the prior approval of NAPOLCOM.
However, no additional support unit headed by an officer with the rank of Chief Superintendent or a
higher rank may be created unless expressly provided by law. (Sec. 42, Rule VII IRR-R.A. 6975)

PNP ADMINISTRATIVE SUPPORT UNITS

A. LOGISTIC SUPPORT SERVICE – The Logistic support unit is responsible for the
procurement, distributions and management of all the logistical requirements of the PNP
including firearms and ammunition. It implements the acquisition of sea and air capability
resources for an effective and efficient PNP.

B. COMMUNICATIONS SERVICES – The Communications Service is responsible for

establishing an effective and efficient communications network designed to link all levels of
PNP command. It also considers effective and timely linkages with various police forces in the
international community.

C. COMPUTER SERVICE – The Computer Service is responsible for the design, implementation
and maintenance of an efficient, effective and updated database system for the PNP. It
endeavors to keep abreast with the latest information technology.

D. FINANCE SERVICE – The Finance Service is responsible for providing efficient finance
services to the PNP.

E. MEDICAL AND DENTAL SERVICE – The Medical and Dental Service is responsible for
providing efficient and timely medical dental services for the PNP.

F. CHAPLAIN SERVICE was created pursuant to NAPOLCOM Resolution NO. 92-20 dated July
1992. It will cater to the spiritual needs of PNP members.

G. LEGAL SERVICE with a Legal Assistance Division and a Legal research and Evaluation
Division was created as an additional administrative support unit to serve as the legal arm of
the PNP.

H. HEADQUARTERS SUPPORT SERVICE was created as an additional administrative support

unit to provide general housekeeping and camp security services.

PNP OPERATIONAL SUPPORT UNITS

A. MARITIME COMMAND – The Maritime Command performs all police functions over Philippine
territorial waters and rivers including ports of entry and exit. However, the Chief, PNP may task
units for this function, as may be necessary.
B. INTELLIGENCE COMMAND - The Intelligence Command serves as the intelligence and
counter intelligence operating unit of the PNP.

C. SECURITY COMMAND – The Security Command provides appropriate security for

government officials, visiting dignitaries and private individuals authorized to be given
protection, as may be prescribe by the Commission.

D. CRIMINAL INVESTIGATION COMMAND – the Criminal Investigation Command undertakes

the monitoring, investigation and prosecution of all crime involving economic sabotage, and
other crimes of such magnitude and extent as to indicate their commission by highly placed or
professional criminal syndicates and organizations.

This Command likewise investigates all major cases involving violations of the Revised
Penal Code and operates against organized crime groups, unless the President assigns the
case exclusively to the National Bureau of Investigation (NBI).

E. SPECIAL ACTIONS COMMAND – The Special Action Command serves as a mobile strike
force or reaction unit to augment regional, provincial, municipal and city police forces for civil
disturbance control, counter-insurgency, hostage-taking rescue operations and other special
operations.

F. CRIME LABORATORY – The Central Laboratory provides scientific and technical investigation
aid and support to the PNP and other government investigative agencies. It also provides
crime laboratory examination, evaluation and identification of physical evidences involved in
crimes with primary emphasis on their medical, chemical, biological and physical nature.
Regional and city crime laboratories may be established in the interest of public service.

G. CIVIL SECURITY COMMAND – The Civil Security Command has general supervision over the
organization, business operation and activities of all organized private detectives, watchmen,
security guard agencies and company guard forces. It likewise supervises the licensing and
registration of firearms and explosives.

The approval of applications for licenses to operate private security agencies, as well as
the issuance of licenses to security guards and the licensing of firearms and explosives shall
be decentralized to the PNP regional offices.

H. NARCOTICS COMMAND – The Narcotics Command enforces all laws relative to the
protection of the citizenry against dangerous and other prohibited drugs and substances.

I. AVIATION SECURITY COMMAND – The Aviation Security Command coordinates with airport
authorities, secures all the country’s airports against offensive and terroristic acts that threaten
civil aviation, exercise operational control and supervision over all agencies involved in airport
security operations, and enforces all laws and regulations relative to air travel protection and
safety.

J. TRAFFIC MANAGEMENT COMMAND – The Traffic Management Command enforces all

traffic laws and regulation to ensure the safety of motorists and pedestrians and attain an
orderly traffic.

K. POLICE COMMUNITY RELATIONS COMMAND – It implements plans and programs that will
promote community and citizens’ participation in the maintenance of peace and order and
public safety. Toward this end, the voluntary services of social and civic-spirited individuals or
organizations will be organized and coordinated to ensure a cohesive and effective police
community relations program.
II – 5. PNP Staff Directorates

PNP STAFF DIRECTORATES

As provided under Section 29 of Republic Act No. 6975, the head of the PNP directorial staff
with the rank of Deputy Director General shall be known as Chief of the Directorial Staff of the PNP.
The heads of the various staff divisions in the directorial staff have to rank of Director with the position
title of Director of the Directorial Staff of their respective functional divisions. The PNP Staff
Directorates are as follows:

A. Directorate for Personnel and Records Management which is composed of five division,
namely:
 Personnel Plans and Policies Division;

 Recruitment and Placement Division;

 Personnel Transactions Division;

 Benefits & Pension Administration Division; and

 Central Records Center.

B. Directorate for Human Resource and Doctrine Development consisting of three divisions,
namely:
 Individual Training Program Development Division;

 Unit Training Program Development Division; and

 General Doctrine Development Division.

C. Directorate for Logistics which is composed of three divisions, namely:

 Logistic Plans and Programs Division;

 Supply Management Division; and

 Real Property Management Division.

D. Directorate for Research and Development which is composed of two divisions, namely:
 Clothing, Weapons, Transportation and Communications Division; and

 Criminalistics Equipment Division.

E. Directorate for Comptrollership which is composed of four divisions, namely:

 Budget Division;

 Fiscal Division;

 Accounting Division; and

  Management Division.

F. Directorate for Intelligence which is composed of four divisions, namely:

 Intelligence Operations Division;

 Counter-Intelligence & Security Division;

 Foreign Liaison Division; and

 Intelligence Research Division.

G. Directorate for Operations which is composed of five divisions, namely:

 Insurgency Division;

 Law Enforcement Division;

 Special Operations Division;

 Statistics and Reporting Division; and

 Operations Center.

H. Directorate for Plans which is composed of three divisions, namely:

 Plans & Programs Division;

 Organizational Development Division; and

 Special Projects Development Division.

I. Directorate for Police – Community Relations which is composed of three divisions, namely:
 PCR Plans and Programs Division;

 Public Information Division; and

 Community Affairs Division.

J. Directorate for investigation which is composed of three divisions:

 Investigation Division;

 Case Monitoring Division; and

 Research and Evaluation Division.

II – 6. PNP Inspectorate Division

INSPECTORATE’S RESPONSIBILITY

The PNP Inspectorate at the different levels of command conducts periodic announced,
scheduled as well as unannounced, unscheduled or “spot” inspection of all PNP units, offices,
commands and stations to determine defects and irregularities, effect corrections and recommend to
the Chief, PNP and all concerned, the appropriate measures and actions on the deficiencies and
irregularities noted. It undertakes the inspection as it performs its other function to conduct
investigation relative to police anomalies and irregularities. (Sec. 3 NAPOLCOM MEMO CIRCULAR
No. 94-012) The head of the PNP Inspectorate Division assumes the position title of Inspector
General with the rank of Police Chief Superintendent (Sec. 29, Rule VII, IRR-R.A. No. 6975)

OBJECTIVES OF INSPECTION

A. To determine compliance with NAPOLCOM and PNP policies and regulations.

B. To check on the physical presence, health and condition of personnel; welfare and morale;
supplies and equipment as they affect operations and delivery of services.

C. To check the effectiveness, efficiency and/or readiness of the station, unit, or command in the
performance of its mission and functions;

D. To check on the state of discipline pursuant to the requirements of COMPLAN PAGBABAGO.

E. To make spot corrections to improve operations and delivery of police services.

F. To recommend to higher authorities remedial measures based on inspection findings.

RESPONSIBILITY OF UNIT COMMANDERS

All Unit Commanders, in pursuance of their functions and duties, shall conduct authoritative
inspections, hold “bull sessions”, conduct dialogues and gather information in order to update
themselves with conditions concerning their commands. They shall see to it that all disciplinary
infractions are recorded in the “Punishment Book”, which shall be included in the inspection activity
conducted by the Inspectorates.

Noted deficiencies or irregularities discovered during the inspection shall be brought

immediately to the attention of Commanders for corrections. If the irregularity noted during the
inspection is so serious as to warrant administrative disciplinary actions, the Inspectorate concerned
shall recommend the filling of the appropriate administrative charges before the appropriate internal
as well as external administrative disciplinary body. (Sec. 4 and 5, NAPOLCOM MEMO CIRCULAR
No. 94-012)

INSPECTION REPORTS

Inspection reports are prepared and submitted to the following for information and appropriate
actions, if necessary:
 The Chief of Police or Unit Chief, as the case may be;

 The Regional Director, Provincial Director or District Director concerned;

 The Chief of the PNP; and

 The National Police Commission.

 PART III

REQUIREMENTS AND PROHIBITIONS ON PUBLIC OFFICERS

III – 1. Norms of Conduct and Responsiveness to the Public

STATE POLICY

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 upholding public interest over personal interest.

DEFINITION OF TERMS

 Government Agency or “agency of the government,” or “agency” refers to any department,

bureau or office of the National Government, or any of its branches and instrumentalities, or
any political subdivision, as well as any government-owned or controlled corporation, including
its subsidiaries, or other self-governing board or commission of the Government.

 Officer as distinguished from “clerk” or “employee”, refers to a person whose duties, not being
of a clerical or manual nature, involves the exercise of discretion in the performance of the
functions of the government. When used with reference to a person having authority to do a
particular act or perform a particular function in the exercise of government power, “officer”
includes any government employee, agent or body having authority to do the act or exercise
that function. (Adm. Code)

 Employee, when used with reference to a person in the public service, includes any person in
the service of the government or any of its agencies, divisions, subdivisions or
instrumentalities. (Adm. Code) An “employee” is any person who performs services for an
employer, i.e. any person whether elected or appointed, in the service of an employer who
receives compensation for such service. (Antallan v. Government Services Insurance System,
G.R. 80382, 29 Nov. 88)

 Public Officer – Any person who, by direct provision of the law, popular election or
appointment by competent authority, takes part in the performance of public functions in the
Government of the Philippines, or performs in said Government or in any of its branches public
duties as an employee, agent or subordinate official, of any rank or class, shall be deemed to
be a public officer. (Article 203, Revised Penal Code) For purposes of the Penal Code, the
standard distinction in the law of public officers between "officer" and "employee" is obliterated
(Maniego vs. People, 88 Phil. 494)

STANDARDS OF PERSONAL CONDUCT

Section 4 of the Act Establishing a Code of Conduct and Ethical Standards for Public Officials
and Employees provides that 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 co-terminous with theirs.

D. Political neutrality - Public officials and employees shall provide service to everyone without
unfair discrimination and regardless of party affiliation or preference.

E. 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.

F. 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.

POLICE PROFESSIONAL CONDUCT

The Philippine National Police Code of Professional Conduct and Ethical Standards enjoins all
members of the PNP to observe the following professional conduct, among others, which is
envisioned to promote and organization whose members are endowed with professionalism and
strong sense of public accountability:

A. Commitment of Public Interest - PNP members shall always uphold public interest over and
above personal interest. All government properties, resources and powers of their respective
offices must be employed and used effectively, honestly and efficiently, particularly to avoid
wastage of public funds and revenues.

B. Non-Partisanship - PNP members shall provide services to everyone without discrimination

regardless of party affiliation in accordance with existing laws and regulations.

C. Physical Fitness and Health – All PNP members shall strive to be physically and mentally fit
and in good health at all times. Toward this end, they shall undergo regular physical exercises
and annual medical examination in any PNP Hospital or Medical facility.
 D. Secrecy Discipline – All PNP members shall guard the confidentiality of classified information
against unauthorized disclosure, including confidential aspects of official business, special
orders, communications and other documents, roster or any portion thereof of the PNP,
contents of criminal records, identities of persons who may have given information to the police
in confidence and other classified information or intelligence material.

E. Social Awareness – All PNP members and their immediate family members shall be
encouraged to actively get involved in the religious, social and civic activities to enhance the
image of the organization but without affecting their official duties.

F. Devotion to Duty – All PNP members shall perform their duties with dedication thoroughness,
efficiency, enthusiasm, determination, and manifest concern for public welfare, and shall
refrain from engaging in any activity which shall be conflict with their duties as public servants.

G. Conservation of Natural Resources – All members of the PNP shall help in the development
and conservation of our natural resources for ecological balance and posterity as these are the
inalienable heritage of our people.

H. Discipline – They shall conduct themselves at all times in keeping with the rules and
regulations of the organization.

I. Loyalty – Above all, PNP members must be loyal to the Constitution and the police service as
manifested by their loyalty to their superiors, peers and subordinates as well.

J. Obedience to Superiors – All PNP members shall obey lawful orders and be courteous to
superior officers and other appropriate authorities within the chain of command.

K. Command Responsibility – In accordance with the Doctrine on Command Responsibility,

immediate Commanders shall be responsible for the effective supervision, control and
direction of their personnel and shall see to it that all government resources shall be managed,
expended or utilized in accordance with laws and regulations and safeguard against losses
thru illegal or improper disposition.

RESPONSIVENESS TO THE PUBLIC

Pursuant to Section 4(e) of RA 6713, 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 on their policies and
procedures in clear and understandable language, ensure openness of information, public
consultations 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.

ANSWERING REQUEST FOR ACTION

As a general rule, when a request or petition, whether written or verbal, can be disposed of
promptly and expeditiously, the official or employee in charge to whom the same is presented shall do
so immediately, without discrimination, and in no case beyond fifteen working days from receipt of the
request or petition.

In PNP offices that are usually swamped with persons calling for a particular type of service,
the head of the office shall devise a mechanism so as to avoid long queues, such as by giving each
person a ticket number duly countersigned which shall specify the time and the date when the
person, whose name and address shall be indicated, can be served without delay. Said person shall
have the right to prompt service upon presentation of said ticket number. (Rule VI, Rules
Implementing RA 6713)

ANSWERING WRITTEN REQUEST

In case of written requests, petitions, or motions sent by means of letters, telegrams, or the
like, the official or employee in charge shall act on the same within fifteen working days from receipt
thereof, provided that:

A. If the communication is within the jurisdiction of the office or agency, the official and employee
must:

 Write a note or letter of acknowledgement where the matter is merely routinary or the
action desired may be acted upon in the ordinary course of business of the department,
office or agency, specifying the date when the matter will be disposed of and the name of
the official or employee in charge thereof.

 Where the matter is non-routinary or the issues involved are not simple or ordinary, write a
note or letter of acknowledgement, informing the interested party, petitioner or
correspondent of the action to be taken or when such requests, petitions or motions can be
acted upon. Where there is a need to submit additional information, requirements, or
documents, the note or letter of acknowledgement shall so state, specifying a reasonable
period of time within which they should be submitted, and the name of the particular official
or employee in charge thereof. When all the documents or requirements have been
submitted to the satisfaction of the department, office or agency concerned, the particular
official or employee in charge shall inform the interested party, petitioner, or correspondent
of the action to be taken and when such action or disposition can be expected, barring
unforeseen circumstances.

B. If communication is outside its jurisdiction, the official or employee must:

 Refer the letter, petition, telegram, or verbal request to the proper department, office or
agency.

 Acknowledge the communication by means of a note or letter, informing the interested

party, petitioner, correspondent of the action taken and attaching a copy of the letter of
referral to the proper department, office or agency.

The department, office and agency to which the letter, petition, telegram, or verbal request was
referred to for appropriate action must take action in accordance with paragraphs 1 and 2(A) above.

The period of fifteen working days provided is counted from date of receipt of the written or
verbal communication by the department, office or agency concerned.

PROCESSING OF OFFICIAL PAPERS

All official papers and documents must be processed and completed within a reasonable time
from the preparation thereof. Reasonable time shall be determined in accordance with the following
rules:
 A. When the law or the applicable rule issued in accordance therewith prescribes a period within
which a decision is to be rendered or an action taken, the same shall be followed;

B. When the law or the applicable rule issued in accordance therewith does not prescribe a
period, the head of department, office or agency shall issue rules and regulations prescribing,
among other things, what is reasonable time, taking into account the following factors:
 Nature, simplicity or complexity of the subject matter of the official papers of documents
processed by said department, office or agency;

 Completeness or inadequacy of requirements or of the data and information necessary for

decision or action;

 Lack of resources caused by circumstances beyond the control of the department, office or
agency or official or employee concerned;

 Legal constraints such as restraining orders and injunctions issued by proper judicial,
quasi-judicial or administrative authorities;

 Fault, failure or negligence of the party concerned which renders decision or action not
possible or premature; and

 Fortuitous events or force majeure.

SIGNATURES ON OFFICIAL ACTION

A. Except as otherwise provided by law or regulation, and as far as practicable, any written action
or decision must contain not more than three initials or signatures. In the absence of the duly
authorized signatory, the official next-in-rank or officer-in-charge or the person duly authorized
shall sign for and in his behalf.

B. The head of department, office or agency shall prescribe, through an appropriate office order,
the rules on the proper authority to sign in the absence of the regular signatory, as follows:
 If there is only one official next-in-rank, he shall automatically be the signatory;

 If there are two or more officials next-in-rank, the appropriate office order shall prescribe
the order of priority among the officials next-in-rank within the same organizational unit; or

 If there is no official next-in-rank present and available, the head of department, office or
agency shall designate an officer-in-charge from among those next lower in rank in the
same organizational unit.

ADMINISTRATIVE SANCTIONS

Section 23, Rule XIV of the Omnibus Rules Implementing Book V of the Administrative Code,
provides the following penalties for negligent public officials and employees:

 Failure to act promptly on letters and request within fifteen days from receipt, except as
otherwise provided in the rules implementing the code of conduct and ethical standards for
public officials and employees (1st Offense, Reprimand; 2nd Offense, Suspension for one to
thirty days; 3rd Offense, Dismissal).
  Failure to process documents and complete action on documents and papers within a
reasonable time from preparation thereof, except as otherwise provided in the rules
implementing the code of conduct and ethical standards for public officials and employees (1st
Offense, Reprimand; 2nd Offense, Suspension for one to thirty days; 3rd Offense, Dismissal).

 Failure to attend to anyone who wants to avail himself of the services of the office, or act
promptly and expeditiously on public transactions (1st Offense, Reprimand; 2nd Offense,
Suspension for one to thirty days; 3rd Offense, Dismissal).

OTHER FUNCTIONS OF THE PNP

A. The PNP conduct value development programs for its officers and employees in order to
strengthen their commitment to public service and help promote the primacy of public interest
over personal interest in the performance of their duties. Such programs and other parallel
efforts on value development shall include, among other things, the following subjects:
 Ethical and moral values;

 Rights, duties and responsibilities of public servants;

 Nationalism and patriotism;

 Justice and human rights;

 Democracy in a free and just society;

 Philippine history, culture and tradition; and

 Socio-economic conditions prevailing in the country, especially in the depressed areas, and
the need for a Code of Conduct and Ethical Standards.

Conducting refresher courses and seminars and/or workshops to promote a high standard of
ethics in public service shall be encouraged.

B. The PNP shall consult the public they serve for the purpose of gathering feedback and
suggestions on the efficiency, effectiveness and economy of services. They shall establish
mechanisms to ensure the conduct of public consultations and hearings.

C. The PNP shall continuously conduct research and experimentation on measures and adopt
innovative programs which will provide motivation to officers and members in raising the level
of observance of public service ethical standards. PNP officers shall make themselves
available to their staff for consultations and dialogues.

D. The PNP shall, in consultation with the Office of the Ombudsman, appoint or designate a
resident Ombudsman who shall act immediately on all requests for public assistance referred
to him by the Ombudsman and his Deputies. He shall be held accountable for the disposition
of all requests for assistance. (Section 7, Rule VI, Rules Implementing RA 6713)

SIMPLE LIVING

PNP officers and members and their families shall lead modest and simple lives appropriate to
their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in
any form. Basically, modest and simple living means maintaining a standard of living within the
officer’s and member’s visible means of income as correctly disclosed in his income tax returns,
annual statement of assets, liabilities and net worth and other documents relating to financial and
business interests and connections. Public funds and property for official use and purpose shall be
utilized with the diligence of a good father of a family. (Rule VI, Rules Implementing RA 6713)

STANDARD OF POLICE PROFESSIONALISM

Article III of the PNP Code of Professional Conduct and Ethical Standards provides the
following ethical acts to be observed by all PNP members:

A. Judicious Use of Authority - PNP members shall exercise proper and legitimate use of
authority in the performance of duty.

B. Integrity - PNP members shall not allow themselves to be victims of corruption and dishonest
practices in accordance with the provisions of RA 6713 and other applicable laws.

C. Justice - PNP members shall strive constantly to respect the rights of others so that they can
fulfill their duties and exercise their rights as human beings, parents, children, citizens,
workers, leaders, or in other capacities and to see to it that others do likewise.

D. Humanity - PNP members shall recognize the fact that they are public servants and not the
masters of the people and towards this end, they should perform their duties without
arrogance. They should also recognize their own inadequacies, inabilities and limitations as
individuals and perform their duties without attracting attention or expecting the applause of
others.

E. Orderliness – All PNP members shall follow logical procedures in accomplishing tasks
assigned to them to minimize waste in the use of time, money and effort.

F. Perseverance - Once a decision is made, all PNP members shall take legitimate means to
achieve the goal even in the face of internal or external difficulties, and despite anything which
might weaken their resolve in the course of time.

III - 2. Oath of Office

CONSTITUTIONAL PROVISION

All public officers and employees shall take an oath or affirmation to uphold and defend the
Constitution. (Sec. 4, Art, IX-B, NPA)

ADMINISTRATIVE CODE PROVISION

All public officers and employees of the government including every member of the armed
forces shall, before entering upon the discharge of his duties, take an oath or affirmation to uphold
and defend the Constitution; that he will bear true faith and allegiance to it; obey the laws, legal
orders and decrees promulgated by the duly constituted authorities; will well and faithfully discharge
to the best of his ability the duties of the office or position upon which he is about to enter; and that he
voluntarily assumes the obligation imposed by his oath of office, without mental reservation or
purpose of evasion. (Sec. 40, Chap. 10, Book I, Adm. Code)
RIGHT TO ASSUME DUTIES

A person holding a valid appointment to a public office and who had taken his oath of office
has a right to enter upon the performance of the duties of his position, and it is ministerial duty upon
the superior concerned to allow him that right. (Baterio Jr. vs. Parentela Jr., 9 SCRA 601)

OFFICERS AUTHORIZED TO ADMINISTER OATH

Republic Act No. 6733 which amended Section 41 of the Administrative Code of 1987 provides
that the following officers have general authority to administer oaths: President; Vice-President;
Members and Secretaries of both Houses of the Congress; Members of the Judiciary; Secretaries of
Departments; Provincial governors and lieutenant-governors; city mayors; municipal mayors; bureau
directors; regional directors; clerk of courts; registrars of deeds; other civilian officers in public service
of the government of the Philippines whose appointment are vested in the President and are subject
to confirmation by the Commission of Appointments; all other constitutional officers; and notaries
public.

SIGNIFICANCE OF OATH OF OFFICE

A. Upon appointment to a public office, an officer or employee is required to take his oath of office
whereby he solemnly swears to support and defend the Constitution, bear true faith and
allegiance to the same; obey the laws, legal orders and decrees promulgated by the duly
constituted authorities; and faithfully discharge to the best of his ability the duties of the
position he will hold. (City Mayor v. Court of Appeals, G.R. 80270, 27 Feb. 90)

B. When a public officer takes his oath of office, he binds himself to perform the duties of his
office faithfully and to use reasonable skill and diligence, and to act primarily for the benefit of
the public. Thus, in the discharge of his duties, he is to use that prudence, caution, and
attention which careful men use in the management of their affairs. (Farolan, et al v. Solmac
Marketing Corporation, G.R. 83589, 13 March 91)

PENAL PROVISION

Any person who shall assume the performance of the duties and powers of any public office or
employment without first being sworn in or having given the bond required by law, shall be suspended
from such office or employment until he shall have complied with the respective formalities and shall
be fined from 200 to 500 pesos. (Art. 236, RPC )

III – 3. Submission of Statement of Assets and Liabilities

CONSTITUTIONAL PROVISION

All public officers or employee shall, upon assumption of office and as often thereafter as may
be required by law, submit a declaration under oath of his assets, liabilities, and net worth. (Sec. 17,
Art XI, NPC)
REQUIREMENT UNDER RA 6713

A. Statement and Disclosure - Public officials and employees have an obligation to accomplish
and submit declarations under oath of, and the public has the right to know, their assets,
liabilities, net worth and financial and business interests including those of their spouses and
unmarried children under eighteen years of age living in their households.

B. Statement 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 years of age living in their households.

The two documents shall contain information on the following:

 Real property, its improvements, acquisition costs, assessed value and current fair market
value;

 Personal property and acquisition cost;

 All other assets such as investments, cash on hand or in banks, stocks, bonds, and the
like;

 Liabilities; and

 All business interests and financial connections.

The documents must be filed:

 Within thirty days after assumption of office;

 On or before April 30, of every year thereafter; and

 Within thirty days after separation from the service.

AUTHORITY IN FAVOR OF THE OMBUDSMAN

All public officials and employees required to file the aforestated documents shall also execute
within thirty days from the date of their assumption of office, the necessary authority in favor of the
Ombudsman to obtain from all appropriate government agencies, including the Bureau of Internal
Revenue, such documents as may show their 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.

JOINT STATEMENT

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 public officials and employees with the Civil Service
Commission.
CONSTITUTIONALITY OF SUBMITTING STATEMENTS OF ASSETS

The periodical submission of sworn statement of assets and liabilities after an officer or
employee had once bared his financial condition upon assumption of office is not violative of due
process or an oppressive exercise of police power. It is reasonable for the State to enact a statute
under the police power to promote morality in public service, it being the object of the law in requiring
the filling of statements of assets and liabilities to temper or regulate “the harsh and compelling
realities of public service with its ever-present temptation to heed the call of greed and avarice.”

Neither is the requirement an unlawful invasion of the constitutional right to privacy. The
information sought in the law is not purely private in nature following the principle that a public office
is a public trust. In modern terms, the forces of a technological age – industrialization, urbanization
and organization, operate to narrow the area of privacy.

The constitutional guarantee against unreasonable searches and seizures, as it implies, does
not give freedom from testimonial compulsion which every man is obligation to give. The Constitution
merely seeks to prevent lawless and excessive inspection and seizure by police authorities of the
properties in the possession of the citizen. The requirement of statement of assets and liabilities is not
covered by this particular constitutional injunction.

The constitutional prohibition against self-incrimination seeks to prevent compulsory disclosure

of incriminating facts only if there already exists an actual case, criminal, civil or administrative.

Furthermore, it is not necessary to invalidate a statute to secure the protection afforded by the
Constitution in as much as the same can be raised as a defense to the pending prosecution at the
proper time. This, therefore, can not render the requirement of statement of assets and liabilities
unconstitutional. (Morfe vs. Mutuc, 22 SCRA 424)

DEFINITION OF TERMS

 “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.

 "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.

IDENTIFICATION 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.

ACCESSIBILITY OF DOCUMENTS

A. Any and all statements filed under RA 6713, shall be made available for inspection at
reasonable hours.
 B. Such statements shall be made available for copying or reproduction after ten working days
from the time they are filed as required by law.

C. 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.

D. Any statement filed under RA 6713 shall be available to the public for a period of ten years
after receipt of the statement. After such period, the statement may be destroyed unless
needed in an ongoing investigation.

PROHIBITED ACTS

It shall be unlawful for any person to obtain or use any statement filed under RA 6713 for:
 A purpose contrary to morals or public policy; or

 A commercial purpose other than by news and communications media for dissemination
to the general public.

ADMINISTRATIVE SANCTIONS

Section 23, Rule XIV of the Omnibus Rules Implementing Book II of the Administrative Code
provides for the administrative sanctions for failure to file Sworn Statements of Assets and Liabilities
and the illegal use of information contained in such statements.

 Failure to file Sworn Statements of Assets, Liabilities and Net worth, and Disclosure of
Business Interest and Financial Connections including those of their spouses and unmarried
children under eighteen years of age living in their households (1st Offense, Suspension for
one month and one day to six months; 2nd Offense, Dismissal).

 Obtaining or using any statement filed under the Code of Conduct and Ethical Standards for
Public Officials and Employees for any purpose contrary to morals or public policy or any
commercial purpose other than by news and communications media for dissemination to the
general public (1st Offense, Suspension for six months and one day to one year; 2nd Offense,
Dismissal).

PENALTIES FOR VIOLATION OF RA 6713

 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 RA
6713 shall be punished with a fine not exceeding the equivalent of six months salary or
suspension not exceeding one 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
Section 8 of RA 6713, shall be punishable with imprisonment not exceeding five years, or a
fine not exceeding five thousand pesos or both, and in the discretion of the court of competent
jurisdiction, disqualification to hold public office.

 Any violation 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.
  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 RA 6713. 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. If another sanction under any other law is heavier, the latter shall
apply.

III – 4. Prohibitions on Holders of Public Office

RESTRICTIONS ON PUBLIC OFFICERS

A public office is a public trust. It is created for the interest and the benefit of the people. The
holder of a public office “is subject to such regulations and conditions as the law may impose”. He
cannot complain of any restriction which public policy may dictate on his holding of more than one
office. (Adaza v. Pacana, Jr., G.R. 68159, 18 March 85)

PROHIBITIONS ON DUAL ALLEGIANCE

Public officers and employees owe the State and this Constitution allegiance at all times,
and any public officer or employee who seeks to change his citizenship or acquire the status
of an immigrant of another country during his tenure shall be dealt with by law. (Sec. 18, Art.
XI, NPC) Dual allegiance of citizens is inimical to the national interest and shall be dealt with
by law. (Sec. 5, Art. IV, NPC)

PROHIBITION ON ENGAGING IN STRIKES

As professional police officers and members responsible for the maintenance of peace and
order and public safety, such officers and members are prohibited from engaging in strikes, rallies,
demonstrations and other similar concerted activities or performing other acts prejudicial to good
order and police discipline.

Any PNP member found guilty by final judgment of engaging in strikes, rallies, demonstrations
and other similar activities shall be dismissed from the service without prejudice to whatever criminal
or civil liability he may have incurred in relation to such violations. “Other similar concerted activities”
shall refer to acts done in concert or in group intended to slow down office productivity and law
enforcement work of such proportion as to affect the peace and order condition of the locality. “Acts
prejudicial to good order and police discipline” shall refer to willful and malicious acts of a PNP
member of such gravity as to cause unmitigated criticism and damage or serious embarrassment to
the organization. (Sec. 90, Rules and Regulations Implementing RA 6975)

NON-SOLICITATION OF PATRONAGE

All PNP members shall seek self-improvement through career development and shall not
directly or indirectly solicit influence or recommendation from politicians, high-ranking government
officials, prominent citizens, persons affiliated with civic or religious organizations with regards to their
assignments, promotions, transfer or those of other members of the force, nor shall they initiate any
petition to be prepared and presented by citizens in their behalf. Moreover, they shall advise their
immediate relatives not to interfere in the activities of the police service particularly in the assignment
and reassignment of personnel. (Sec. 2, Art. III, PNP Code of Professional Conduct and Ethical
Standards)

CONSTITUTIONAL PROHIBITION ON APPOINTMENT

Unless otherwise allowed by law or by the primary functions of his position, no appointive
official shall hold any other office or employment in the Government or any subdivision, agency or
instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.
(Sec. 7, Art. IX-B, NPC)

The section expresses the policy against the concentration of several public positions in one
person, so that a public officer or employee may serve full-time with dedication and thus be efficient in
the delivery of public services. It is an affirmation that a public office is a full-time job. Hence a public
officer or employee should be allowed to attend to his duties and responsibilities without the
distraction of other governmental duties or employment. He should be precluded from dissipating his
efforts, attention and energy among too many positions of responsibility, which may result in
haphazardness and inefficiency. (Flores et al vs. Drilon and Gordon, G.R. No. 104732, June 22,
1993)

PROHIBITION ON DOUBLE COMPENSATION

No elective or appointive public officer or employees shall receive additional, double, or

indirect compensation, unless specifically authorized by law, nor accept without the consent of the
Congress, any present, emolument, office, or title of any kind from any foreign government.

Pensions or gratuities shall not be considered as additional, double, or indirect compensation.

(Sec. 8, Art. IX-B, NPC)

SPECIFIC AUTHORITY FROM LAW

What is required to legalize the payment of additional or double compensation is a specific

authority given to a particular employee or officer of the Government because of peculiar or
exceptional reasons warranting the payment of extra or additional compensation. “The purpose of the
Constitution is to prohibit generally payment, or additional, or double compensation except in
individual instances where the payment of such additional compensation appears to be not only just
but necessary.” Accordingly, Section 1916 of the Revised Administrative Code providing that “upon
designation of the Director of Public Works, a district engineer may be allowed additional
compensation with the approval of the provincial board not to exceed sixty pesos per month to be
paid from the income of the waterworks system supervised by him for services rendered in his
capacity as sanitary and waterworks engineer” was declared not to be the specific authority of the
Constitution. (Quimson vs. Ozaeta, 98 Phil. 705)

PURSUIT OF PRIVATE BUSINESS OR PROFESSION

The prohibition against officials and employees of the government to engage in private
business or to exercise their profession was first embodied in Commonwealth Act No. 626. In January
10, 1956 Memorandum Circular from the office of the President was issued and this provided that:
“All heads of departments and chiefs of bureau or office and their assistants are not allowed during
their incumbency to practice their profession or participate directly or indirectly in the management or
control of any private enterprise which may affect the functions of their respective offices.”

Memorandum Circular No. 1025 dated November 25, 1977 from the Office of the President
was later issued “Prohibiting government officials and employees from accepting private employment
in any capacity without prior authority of the President.”

The above prohibition was subsequently incorporated in Presidential Decree No. 807
otherwise known as the Civil Service Law. Republic Act No. 6713 also provides that: “public officials
and employees during their incumbency shall not engage in the private practice of their profession
unless authorized by the Constitution or law.”

ADMINISTRATIVE SANCTIONS

Section 23, Rule XIV of the Omnibus Rules, Implementing Book V of the Administrative Code
provides the following penalties of Civil Servants who engage in business and practice their
profession.

 Pursuit of private business, vocation or profession without the permission required by civil
service rules and regulations (1st Offense, Reprimand; 2nd Offense, Suspension for one to
thirty days; 3rd Offense, Dismissal).

 Lobbying for personal interest or gain in legislative halls and offices without authority (1st
Offense, Reprimand; 2nd Offense, Suspension for one to thirty days; 3rd Offense, Dismissal).

 Engaging in private practice of his profession unless authorized under the Constitution, law or
regulation, provided that such practice will not conflict with his official functions. (1st Offense,
Suspension for six months and one day to one year, 2nd Offense, Dismissal).

VIOLATIONS DOES NOT CONSTITUTE GRAFT

Although Section 12, Rule XVIII of the Civil Service Rules made pursuant to the Civil Service
Act of 1959 prohibits an officer or employee in the civil service from engaging in any private business,
vocation, or profession or be connected with any commercial, credit, agricultural or industrial
undertaking without a written permission from the head of department, the same, however, may not
fall within the purview of paragraph h, Section 3 of the Anti-Graft and Corrupt Practices Act because
the last portion of said paragraph speaks of a prohibition by the Constitution or law of any public
officer from having any interest in any business and not by a mere administrative rule or regulation.
Thus, a violation of the aforesaid rule by any employee without a written permission from the
Department Head may not constitute graft and corrupt practice as defined by law. (Macariola v.
Asuncion, 11 SCRA 77)

III – 5. Prohibited Business and Pecuniary Interest

STATE 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 there (R.A. 3019)

ADMINISTRATIVE CODE PROVISIONS

A. Prohibition Against Pecuniary Interest - No accountable or responsible officer shall be

pecuniarily interested, directly or indirectly, in any contract or transaction of the agency in
which he is such an officer. (Sec. 53, Chap. 9 Subtitle I-B, Book V, Adm. Code)

B. Property sold by Government - No officer or employee of the government shall purchase

directly or indirectly any property sold by the government for the non-payment of any tax, fee
or other public charge. Any such purchase by an officer or employee shall be void. (Sec. 36,
Chap. 9, Book I, Adm. Code)

POLICY OF THE LAW ON ACQUIRING FORECLOSED PROPERTY

The policy of the law is that public officers who hold positions of trust may not bid directly or
indirectly to acquire properties foreclosed by their officers and sold at public auction. (Maharlika
Publishing Corporation v. Tagle, G.R. 65594, 9 July 86)

PREVENTIVE MEASURE FOR FRAUD

In providing that public officers cannot acquire by purchase, even at a public or judicial auction,
either in person or through the mediation of another, the property of the State or nay of its
subdivision, or of any government owned or controlled corporation, the Civil Code tends to prevent
fraud or more precisely, tends not to give occasion for fraud which is what can and must be done.

INVOLVEMENT OF RELATIVES

A division chief of the GSIS is not an ordinary employee without influence or authority. The fact
that he exercises ample authority with respect to a particular activity, i.e., retirement, shows that his
influence cannot be lightly regarded. He is a public officer and his wife acts for and in his name in any
transaction with the GSIS. If he is allowed to take part in the public bidding of properties foreclosed or
confiscated by the GSIS, there will always be the suspicion among other bidders and the general
public that the insider official had access to information and connections with his fellow GSIS officials
as to allow him to eventually acquire the property. It is the need to forestall such suspicions and to
restore confidence in the public service that the Civil Code declares such transactions to be void from
the beginning and not merely voidable. (Maharlika Publishing Corporation v. Tagle, G.R. 65594, 9
July 86)

CORRUPT PRACTICES OF PUBLIC OFFICERS

In addition to acts or omissions of public officers already penalized by existing laws, the following
acts constitute corrupt practices of any public officer and are hereby declared to be unlawful under
Republic Act No. 3019.

 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. (Sec. 3[a])

 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. (Sec. 3[d])

 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. (Sec. 3[f])

 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.
(Sec. 3 [g])

 Directly 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. (Sec. 3[h])

 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 action in the approval, even if he votes against the same or does not
participate in the action of the board, committee, panel or group. (Sec. 3[i])

Interest for personal gain shall be presumed against those public officers responsible for
the approval of manifestly unlawful, inequitable, or irregular transactions or acts by the board,
panel or group to which they belong.

 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. (Sec. 3[j])

SECTION 3(e), RA 3019

Corrupt practice of a public officer includes 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 manifestation partiality, evident
bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of
offices or Government Corporation charged with the grant of license or permit or other concessions.

The elements of this offense are as follows:

The person giving the gift, present, share, percentage or benefit referred to in subparagraphs

 That the accused are public officers or private persons charged in conspiracy with them;

 That said public officers commit the prohibited acts during the performance of their official
duties or in relation to their public positions;

 That they cause undue injury to any party, whether the Government or a private party;
  That such injury is caused by giving unwarranted benefits, advantage or preference to such
parties; and

 That the public officers have acted with manifest partiality, evident bad faith or gross
inexcusable negligence.

NO DISTINCTION ON PUBLIC OFFICERS

Section 3(e) of Republic Act 3019 penalizes any public officer who causes “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.”

Section 3 of Republic Act 3019 enumerates in eleven subsections the corrupt practices of any
public officer declared unlawful. Its reference to “any public officer” makes no distinction or
qualification and it specifies the acts declared unlawful. (Mejorada v. Sandiganbayan, G.R. 51065-72,
30 June 87)

MUST BE DONE WITH NEGLIGENCE

In order that one may be held criminally liable under said section, the act of the accused which
cause undue injury must have been done with evident bad faith or with gross inexcusable negligence.

Gross negligence is negligence characterized by the want of even slight care, acting or
omitting to act in a situation where there is a duty to act, not inadvertently but willfully and intentionally
with a conscious indifference to consequences insofar as other persons may be affected. It is the
omission of that care which even inattentive and thoughtless men never fail to take on their own
property.

One of the elements of the crime described in Sec. 3(e) of the Anti-Graft and Corrupt Practices
Act is that there should be undue injury caused to any party. (Alejandro v. People, G.R. 81031, 20
Feb. 89)

DISHONEST PURPOSE

Bad faith does not simply connote bad judgment or negligence; it imputes a dishonest purpose
or some moral obliquity and conscious doing of a wrong, a breach of sworn duty through some motive
or intent or ill will; it partakes of the nature of fraud. It contemplates a state of mind affirmatively
operating with furtive design or some motive of self-interest or ill will for ulterior purposes. Evident bad
faith connotes a manifest deliberate intent on the part of the accused to do wrong or cause damage.
(Marcelo v. Sandiganbayan, G.R. 69983, 14 May 90)

PRIVATE PERSONS INCLUDED

Section 2 of the Anti-Graft and Corrupt Practices Act makes clear the legislative intention to
make application of the statute extend both to public officers and private persons. The policy of the
Philippine government in line with the principle that a public office is a public trust is to repress certain
acts of public officers and private persons alike which constitute graft or corrupt practices or which
may lead to it. (Also Sec. 3 [3rd par.] Presidential Decree 1606, as amended by PD 1861)

Moreover, Section 4(b), Republic Act 3019 punishes any private individual who knowingly
induces a public officer to commit any offense defined in Section 3 of the said statute. If a private
individual conspires and confederates with a public officer in perpetrating acts designed towards the
obtention of pecuniary benefits or advantage, in violation of law, they must be deemed to have
consented to and adopted as their own, the offense of said public officers. In a conspiracy, the act of
one is the act of all. (Meneses v. People, G.R. 71651, and G.R. 71728, 27 Aug. 87)

INDUCING PUBLIC OFFICIAL

A practicing lawyer may be held liable criminally under the Anti-Graft Act for knowingly
inducing a labor arbiter to issue orders without or beyond the latter’s authority, pursuant to Rep. Act
3019, Sec. 4(b) which makes it unlawful for any person knowingly to induce or cause any public
official to commit any of the offenses defined in Section 3 of said Act. (Halili v. Court of Industrial
Relations, G.R. 24864, 30 April 86)

ACTUAL INTERVENTION

Section 3(h) of the Anti-Graft and Corrupt Practices Act declares the following as a corrupt
practice: “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.”

The elements essential in the commission of the crime are:

a. The public officer has financial or pecuniary interest in a business, contract or transaction;

b. In connection with which he intervenes in his official capacity.

Concurrency of both elements is necessary. The absence of one will not warrant conviction.

What Section 3(h) of the Anti-Graft Law contemplates is the actual intervention in the
transaction in which one has financial or pecuniary interest in order that liability may attach. The law
aims to prevent the dominant influence use of authority and power. (Trieste, Sr. v. Sandiganbayan,
G.R. 70332-43, 13 Nov. 86)

PENAL PROVISION OF RA 3019

Any public officer or private person committing any of the unlawful acts or omissions
enumerated above shall be punished with imprisonment for not less than six years and one month
nor more than fifteen 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. (Sec. 9(a), RA 3019)

RECOVERY BY COMPLAINANT

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.

PAYMENT OF BACK SALARIES

Section 13, Republic Act No. 3019 provides: Any incumbent public officer against whom nay
criminal prosecution under a valid information under this Act or under Title 7, Book II of the Revised
Penal Code or for any offense involving fraud upon the government or public funds or property
whether as a simple or as a complex offense and 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 the salaries and benefits which he failed to receive during suspension,
unless in the meantime administrative proceedings have been filed against him.

In the event that such convicted officer, who may have already been separated from the
service, has already received such benefits, he shall be liable to restitute the same to the
Government.

Thus, an employee is entitled to the payment of back salaries and other unpaid benefits during
his suspension as a consequence of the filing of the criminal cases against him from which all cases
he was acquitted on grounds of reasonable doubt. (Macadangdang v. Sandiganbayan, G.R. 75440-
43, 10 May 90)

MISCELLANEOUS PROVISIONS OF RA 3019

A. Competent Court - Until otherwise provided by law, all prosecutions under RA 3019 shall be
within the original jurisdiction of the Sandiganbayan. (As amended by BP Blg. 195, March 16,
1982)

B. Prescription of offenses - All offenses punishable under RA 3019 shall prescribe in fifteen
years.

C. 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 RA 3019 or under the provisions of the Revised Penal Code on bribery.

PREVENTIVE SUSPENSION

While preventive suspension of a public officer charged with violating Section 3(e) of Republic
Act 3019 (Anti-Graft and Corrupt Practices Act) may be justified, nevertheless, the preventive
suspension for an unreasonable length of time of the Sandiganbayan of a public officer is an
unconstitutional application of the Anti-Graft law and raises a due process question. For even if
thereafter he were acquitted, in the meanwhile his right to hold office had been nullified. Indefinite
preventive suspension of a public official also violated the “equal protection clause” and shortens the
official’s term of office. The policy of the law mandated by the Constitution frowns at a suspension of
indefinite duration. (Layno Sr. v. Sandiganbayan, G.R. 65848, 24 May 85)

LIMITED PREVENTIVE SUSPENSION

 A preventive suspension of public officer under Section 13 of Republic Act 3019 should be
limited to the ninety (90) days.

Petitioners plea for a temporary restraining order is denied, preventive suspension pendente
lite being automatic under Section 13 of the Anti-Graft Law. It is the indefinite preventive suspension
of the public official that constitutes an unconstitutional application of the Anti-Graft Act. Such
preventive suspension is now limited to only ninety (90) days.

Should the purposes behind preventive suspensions such as preventing the abuse of the
prerogative of the office, intimidation of witnesses, etc., become manifest, the trial court is not bereft
of remedies or sanctions. The petitioner may still be suspended but for specifically expressed reasons
and not from an automatic application of Section 13 of the Anti-Graft and Corrupt Practices Act.
(Deloso v. Sandiganbayan, G.R. 86899-903, 15 May 89)

PROHIBITED ACTS UNDER RA 6713

The following also constitute prohibited acts and transactions of any public official and
employee and are declared to be unlawful under Section 7 of Republic Act No. 6713.

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:

 Own, control, manage or accept employment as officer, employee, consultant, broker,

agent trustee or nominee in any private enterprise regulated, supervised or licensed by
their office unless expressly allowed by law;

 Engage in the private practice of their profession unless authorized by the Constitution or
law, provided that such practice will not conflict or tend to conflict with their official
functions; or

 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 year after resignation, retirement,
or separation from public office, except in the case of those engage in the private practice of their
profession. 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.

ADMINISTRATIVE SANCTIONS

The following are administrative sanctions for government officials and employees, who
engage in prohibited business and pecuniary interest as provided under the Civil Service Rules:

 Directly or indirectly having financial and material interest in any transaction requiring the
approval of his office. Financial and material interest is defined as pecuniary or proprietary
interest by which a person will gain or lose something. (1st Offense, Suspension for six months
and one day to one year; 2nd Offense, Dismissal)
  Owning, controlling, managing or accepting employment as officer, employee, consultant,
counsel, broker, agent, trustee, or nominee in any private enterprise regulated, supervised or
licensed by his office, unless expressly allowed by law (1st Offense, Suspension for six months
and one day to one year; 2nd Offense, Dismissal).

 Recommending any person to any position in a private enterprise which has a regular or
pending official transaction with his office, unless such recommendation or referral is
mandated by law, or international agreements, commitment and obligation or as part of the
function of his office. (1st Offense, Suspension for one month and one day to six months; 2nd
Offense, Dismissal).

PENAL PROVISION OF RA 6713

 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 RA
6713 shall be punished with a fine not exceeding the equivalent of six months salary or
suspension not exceeding one 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
Sections 7 of RA 6713 shall be punishable with imprisonment not exceeding five years, or a
fine not exceeding five thousand pesos or both, and in the discretion of the court of competent
jurisdiction, disqualification to hold public office.

 Any violation 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.

 Private individuals who participate in conspiracy as co-principals, accomplices or accessories,

with public officials or employees, in violation of RA 6713, shall be subject to the same penal
liabilities as the public officials or employees and shall be tried jointly with them. The

REVISED PENAL CODE PROVISIONS

The following penalties are provided in the Revised Penal Code for public officers who violate
articles 213, 214 and 215 of the said Code:

 The penalty of imprisonment of not less than two years, four months and one day, or a fine
ranging from 200 to 10,000 pesos, or both, shall be imposed upon any public officer who, in his
official capacity, in dealing with any person with regard to furnishing supplies, the making of
contracts, or the adjustment or settlement of accounts relating to public property or funds, shall
enter into an agreement with any interested party or speculator or make use of any other
scheme, to defraud the Government.

 The penalty of a imprisonment of not less than two months and one day, or a fine ranging from
200 to 1,000 pesos, or both, shall be imposed upon a public officer who, directly or indirectly,
shall become interested in any contract or business which it is his official duty to intervene.

This provision is applicable to experts, arbitrators and private accountants who, in like manner,
shall take part in any contract or transaction connected with the estate or property in the appraisal,
distribution or adjudication of which they shall have acted, and to the guardians and executors with
respect to the property belonging to their wards or estate.
  The penalty of imprisonment of not less than six months and one day or a fine ranging from
200 to 1,000 pesos, or both, shall be imposed upon any appointive public officer who, during
his incumbency, shall directly or indirectly become interested in any transaction of exchange or
speculation within the territory subject to his jurisdiction.

III – 6. Prohibition Against Solicitation Activities

NAPOLCOM MEMO CIRCULAR NO. 91-009

WHEREAS, the National Police Commission has been receiving information on the unauthorized
solicitation activities of some members of the Philippine National Police (PNP) nationwide through
any of the following means, to wit:
 Selling raffle tickets;

 Sponsoring benefit shows or athletic tournaments;

 Soliciting patronage by advertisements to support a journal or magazine publication;

 Officially endorsing a charitable project sponsored by private or civic organizations; and

 Other activities of similar nature or import.

WHEREAS, a closer look into the matter showed that in many cases, these activities have been
carried out by some policemen upon orders of their commanders who also cannot refuse the onerous
impositions of soliciting politicians and other influential or pressure groups without displeasing them,
and thus unnecessarily put at stake their police career or standing in the organization;

WHEREAS, the subordinate members of the PNP to whom the burdens are usually shifted, more
often than not, are forced by necessity to seek assistance from business groups or enterprising
individuals who may just be too willing to accommodate in anticipation of some future favors from the
police, notably the gambling lords and maintainers/operators of illegal business establishments;

WHEREAS, such fund-raising practices, if allowed to continue unchecked and unabated, even for
seemingly laudable purposes favorable to the police or other deserving institutions or individuals, may
only compromise the police and unduly prejudice the image of the entire PNP.

WHEREAS, to preserve the integrity of the Philippine National Police, particularly at the incipient
stage of its new organization, this Commission hereby prohibits all members of the PNP to engage in
any form of solicitation activity unless so AUTHORIZED and APPROVED by the NATIONAL POLICE
COMMISSION subject to the observance of existing regulations on the matter. Violation of this
Circular shall be considered as sufficient ground for the administrative prosecution of erring PNP
members.

AMENDMENT TO CIRCULAR NO. 91-009

WHEREAS, under Memo Circular No. 91-009 dated 4 October 1991, the members of the PNP
are prohibited from engaging in any form is solicitation activity unless AUTHORIZED and
APPROVED by the National Police Commission;
 WHEREAS, this Commission takes cognizance of certain charitable projects necessitating the
generation of funds which have been authorized by law;

WHEREAS, upon representation of the PNP, it appears that its members are expected to
actively support these authorized undertakings;

WHEREAS, by virtue of the authority already granted by law to these activities, this
Commission hereby Resolves, as it is hereby RESOLVED, to AMEND the dispositive portion of
Memo Circular No. 91-009 dated 4 October 1991 by treating these authorized charitable undertakings
as EXCEPTIONS thereto.

To preclude any possible abuse in their implementation, the following guidelines are hereby
prescribed for information and notation of the Commission:
 The PNP shall give notice to the Commission of its intended solicitation activity attaching
thereto the legal basis for its exemption under MC No. 91-009;

 The notice shall include a listing of prospective donors and the number of tickets to be
distributed;

 Strict compliance of the terms of the activity as enjoined by the law shall be observed; and

 After the activity, the PNP shall submit a disbursement report specifying in detail how the
funds were generated for accountability purposes.

III – 7. Prohibition Against Acceptance of Gifts

PROHIBITION ON SOLICITATION OR ACCEPTANCE OF GIFTS

Under the Code of Conduct and Ethical Standards for Public Officials and employees (R.A.
6713), public officials and employees are prohibited from soliciting or accepting directly or indirectly,
any gift, gratuity, favor entertainment, load 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 government, the Philippine Congress consents to –

 The acceptance and retention by a public official or employee of a gift of nominal value
rendered and received as a souvenir or mark of courtesy;

 The acceptance by a public official or employee of a gift in the nature of a scholarship or

fellowship grant or medical treatment; or

 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) or 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 is mandated to prescribed such regulations as may be necessary to carry
out the purpose of this law, including pertinent reporting and disclosure requirements.

Nothing in R.A. 6713 shall be construed to restrict or prohibit any educational, scientific or
cultural exchange programs subject to national security requirements.

DEFINITION OF TERMS

 “Gifts” refers to a thing or a right disposed of gratuitously, or any act of 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 is
anticipation of or in exchange for a favor from a public official or employee.

 “Receiving any gift” includes the act of accepting, directly or indirectly, a gift from a person
other than a member of his family or relative as defined in R.A. 6713, 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. 0

EXCEPTION FROM GRAFT AND CORRUPT PRACTICE

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, are excepted from the provisions
of the Graft and Corrupt Practices Act (RA 3019). The Rules Implementing RA 6713 provides that the
prohibition on receiving gifts does not include:

 Unsolicited gift of nominal or insignificant value not given in anticipation of, or in exchange for,
a favor from a public official or employee or given after the transaction is completed or service
is rendered. As to what is a gift of nominal value will depend on the circumstances of each
case taking into account the salary of the official or employee, the frequency or infrequency of
the giving, the expectation of benefits, and other similar factors.

 A gift from a member of his family or relative as defined in the Code on the occasion of a family
celebration, and without any expectation of pecuniary gain or benefit.

 Nominal donations from persons with no regular, pending, or expected transactions with the
department, office or agency with which the official or employee is connected, and without any
expectation of pecuniary gain or benefit.

 Donations coming from private organizations whether local or foreign, which are considered
and accepted as humanitarian and altruistic in purpose and mission.

 Donations from government to government entities.

CORRUPT PRACTICES UNDER RA 3019

The following acts constitute corrupt practices of any public officer and are declared unlawful
under Section 3(b,c) of Republic Act No. 3019:

 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.

 Directly or indirectly requesting or receiving any gifts, 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 13 of RA 3019 on Suspension and loss of benefits of the public officer concerned .

ELEMENTS OF THE OFFENSE

Section 3(b) of Republic Act 3019, otherwise known as the Anti-Graft and Corrupt Practices
Act, enumerates the corrupt practices of any public officer which are declared unlawful, as among
others: “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 party, wherein the public officer in his official capacity has to intervene
under the law.”

The elements of the offense are that: It must be committed by (a) a public officer; (b) who
requested and who received a gift, present, etc.; (c) the gift, present, etc. was for the benefit of said
public officer; (d) said public officer requested and/or received the gift, present, etc., in connection
with a contract or transaction with the government; and (e) said officer has the right to intervene in
such contract or transaction in his/her official capacity under the law.

In a prosecution under Section 3(b) of Republic Act 3019, the value of the gift, money or
present, etc. is immaterial nor is it determinative of the guilt or innocence of the accused or the
penalty to be imposed. What is penalized is the receipt of any gift, present, share, percentage or
benefit by a public officer in connection with a contract or transaction with the Government, wherein
the public officer has to intervene in his official capacity. (Mejia v. Pamaran, G.R. 56741-42, 15 April
88)

PUNISHABLE ACTS UNDER PD 46

Presidential Decree no. 46 makes it also punishable for any public official or employee,
whether of the national or local governments, to receive, directly or indirectly, and for private persons
to give, or offer to give, any gift, present or other valuable thing is given by reason of his official
position, regardless of whether or not the same is for past favor or favors or the giver hopes or
expects to receive a favor or better treatment in the future from the public official or employee
concerned in the discharge of his official functions. Included within the prohibition is the throwing of
parties or entertainments in honor of the official or employees or his immediate relatives.

PENAL PROVISION OF PD 46

For violation of PD 46, the penalty of imprisonment for not less than one year nor more than
five years and perpetual disqualification from public office shall be imposed. The official or employee
concerned shall likewise be subject to administrative disciplinary action and, if found guilty, shall be
meted out the penalty of suspension or removal, depending on the seriousness of the offense.

PROHIBITION ON PRIVATE INDIVIDUAL

 It is also 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. (Sec. 4, RA 3019)

FAMILY AND PERSONAL RELATION

Family relation includes the spouse or relative by consanguinity or affinity in the third civil
degree. The word “close personal relation” includes close personal friendship, social and fraternal
connections, and professional employment all giving rise to intimacy which assures free access to
such public officer.

PROHIBITION OF OFFICIAL OR EMPLOYEE

It shall be improper for an officer or employee to make a donation or present any gift of
substantial value to an official to whom he is subordinate or to solicit or receive a contribution from
other officers or employees in the Government service for the making of such donation or gift. It shall
likewise be improper for any official to accept any donation or gift as aforesaid offered or presented to
him by any person or persons in the Government service subordinate to himself. (Sec. 688, Revised
Adm. Code)

ADMINISTRATIVE SANCTIONS

 The penalty of dismissal is meted by the Civil Service Law to public officials and employees for
receiving for personal use of a fee, gift or other valuable thing in the course of official duties or
in connection therewith when such fee, gift or other valuable thing is given by any person in the
hope or expectation of receiving a favor or better treatment than that accorded to other
persons or committing acts punishable under the anti-graft laws.

 Dismissal is also the penalty for soliciting or accepting directly or indirectly, any gift, gratuity,
favor, entertainment, loan or anything of monetary value which in the course of his official
duties or in connection with any operation being regulated by, or any transaction which may be
affected by the functions of his office. The propriety or impropriety of the foregoing shall be
determined by its value, kinship, or relationship between giver and receiver and the motivation.
A thing of monetary value is one which is evidently or manifestly excessive by its very nature.

BRIBERY

The corruption of public officials by gifts of money, favors or property; the receiving or offering
of any undue reward, by or to any person whose ordinary profession or business related to the
administration of public justice, in order to influence his behavior and incline him to act contrary to his
duty and the known rules of honesty and integrity. It now applies to persons in almost all official
positions, as well as to the giving or taking of a reward in connection with voting at public elections.
To constitute the offense it is not necessary that the person sought to be bribed should even have a
right to vote at all. Even an attempt to bribe is a criminal offense.

A contact procured by bribery is of course void. Merely paying one in an official position for his
time, and loss occasioned in his own business from attending a meeting in order to vote in favor of a
contract with the one paying for such loss of time, etc. will vitiate the contract, unless at least, such
vote, was not necessary to the passage of the resolution awarding the contract. (Philippine Legal
Encyclopedia, p. 95)

DIRECT BRIBERY

Any public officer who shall agree to perform an act constituting a crime, in connection with the
performance of his official duties, in consideration of any offer, promise, gift or present received by
such officer, personally or through the mediation of another, shall suffer the penalty of imprisonment
of not less than six years and one day and a fine of not less than three times the value of the gift, in
addition to the penalty corresponding to the crime agreed upon, if the same shall have been
committed.

If the gift was accepted by the officer in consideration of the execution of an act which does not
constitute a crime, and the officer executed said act, he shall suffer the same penalty provided in the
preceding paragraph; and if said act shall not have been accomplished, the officer shall suffer the
penalties of imprisonment of not less than two years, four months and one day and a fine of not less
than twice the value of such gift.

In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the
penalty of special temporary disqualification.

The provisions contained in the preceding paragraphs shall be made applicable to assessors,
arbitrators, appraisal and claim commissioners, experts or any other persons performing public
duties. (As amended by BP Blg. 871, approved May 29, 1985)

ELEMENTS OF DIRECT BRIBERY

The crime of direct bribery as defined in Article 210 of the Revised Penal Code consists of the
following elements (1) that the accused is a public officer; (2) that he received directly or through
another some gift or present, offer or promise; (3) that such gift, present or promise has been given in
consideration of his commission of some crime, or any act not constituting a crime, or to refrain from
doing something which it is his official duty to do, and (4) that the crime or act relates to the exercise
of his functions as a public officer. (Manipon, Jr. v. Sandiganbayan, G.R. 58889, 31 July 86)

INDIRECT BRIBERY

The penalties of imprisonment of not less than two years, for months but not exceeding four
months and one day, suspension and public censure shall be imposed upon any public officer who
shall accept gifts offered to him by reason of his office. (As amended by BP Blg. 871, approved May
29, 1985)

ELEMENTS OF INDIRECT BRIBERY

The essential ingredient of indirect bribery as defined in Article 211 of the Revised Penal Code
is that the public officer concerned must have accepted the gift or material consideration. There must
be a clear intention on the part of the public officer to take the gift so offered and consider the same
as his own property from the one, such as putting away the gift for safekeeping or pocketing the
same. Mere physical receipt unaccompanied by any other sign, circumstance or act to show such
acceptance is not sufficient to lead the court to conclude that the crime of indirect bribery has been
committed. To hold otherwise will encourage unscrupulous individuals to frame up public officers by
simply putting within their physical custody some gift money or other property. (Formilleza v.
Sandiganbayan, G.R. 75160, 18 March 88)

CORRUPTION OF PUBLIC OFFICIALS

The same penalties imposed upon the officer corrupted, except those of disqualification and
suspension, shall be imposed upon any person who shall have made the offers or promises or given
the gifts or presents as described in the preceding articles. (Art. 212, RPC)

IMMUNITY TO BRIBE GIVERS

It has been virtually impossible to secure the conviction and removal of dishonest public
servants owing to the lack of witnesses. The bribe or gift givers are always reluctant to testify against
the corrupt public officials and employees concerned for fear of being indicted and convicted
themselves of bribery and corruption. It is better by far and more socially desirable, as well as just,
that the bribe or gift giver be granted immunity from prosecution so that he may freely testify as to the
official corruption, than that the official who receives the bribe or gift should be allowed to go free,
insolently remaining in public office, and continuing with his service and the public interest. With this
premise, Presidential Decree No. 749 was signed into law.

PERSON WHO GIVES INFORMATION

Any person who voluntarily gives information about any violation of Articles 210, 211 and 212
of the Revised Penal Code penalizing abuse or dishonesty on the part of the public officials
concerned; and other laws, rules and regulations punishing acts of graft, corruption and other forms
of official abuse; and who willingly testifies against any public official or employee for such violation
shall be exempt from prosecution or punishment for the offense with reference to which his
information and testimony were given, and may plead or prove the giving of such information and
testimony in bar of such prosecution. (Sec. 1, Presidential Decree 749)

IMMUNITY TO INFORMANT

The immunity may be enjoyed even in cases where the information and testimony are given
against a person who is not a public but who is a principal, or accomplice, or accessory in the
commission of any of the above-mentioned violations. This immunity may also be enjoyed by such
informant or witness notwithstanding that he offered or gave the bribe or gift to the public official or his
accomplice for such gift or bribe giving provided, that the following conditions concur:

 The information must refer to consummated violations of any of the above-mentioned

provisions of law, rules and regulations;

 The information and testimony are necessary for the conviction of the accused public officer;

 Such information and testimony are not yet in the possession of the State;

 The informant or witness has not been previously convicted of a crime involving moral
turpitude.

FALSE TESTIMONY
 The immunity granted is declared null and void should it turn out subsequently that the
information and/or testimony is false and malicious or made only for the purpose of harassing,
molesting or in any way prejudicing the public officer denounced. In such a case, the public officer so
denounced shall be entitled to any action, civil or criminal, against said informant or witness.

PRELIMINARY INVESTIGATION

All preliminary investigations conducted by a prosecuting fiscal, judge or committee, and all
proceedings undertaken in connection therewith, shall be strictly confidential or private in order to
protect the reputation of the official under investigation in the event that the report proves to be
unfounded or no prima facie case is established. (Sec. 3, PD 749)

III – 8. Prohibition Against Partisan Political Activity

PROHIBITION AGAINST PARTISAN POLITICAL ACTIVITY

Section 2(b), Article IX-B of the 1987 Constitution which reads, thus:

“No officer or employee in the civil service shall engage, directly or indirectly, in any
electioneering or partisan political campaign.”

In relation thereto, Section 55, Chapter8, Subtitle A, Book V of Executive Order No. 292
(Administrative Code of 1987), reads:

“No officer or employee in the civil service including members of the Armed Forces, shall
engage directly or indirectly in any partisan political activity or take part in any election except to vote
nor shall he use his official authority or influence to coerce the political activity of any other person or
body. Nothing herein provided shall be understood to prevent any officer or employee from
expressing his views on current political problems or issues, or from mentioning the names of
candidates for public office whom he supports: Provided, That public officers and employees holding
political offices may take part in political and electoral activities but it shall be unlawful for them to
solicit contributions from their subordinates or subject them to any of the acts involving subordinates
prohibited in the Election Code.”

The aforequoted constitutional and legal provisions prohibit government officers and
employees from engaging in any electioneering or in partisan political activities or campaign. (CSC
Memo Cir. No. 02-92)

ELECTION CAMPAIGN

As defined under Section 79, Article X of the Omnibus Election Code of the Philippines (BP
881), the term “election campaign” and “partisan political activity” refers to an “act designed to
promote the election or defeat of a particular candidate or candidates to a public office which shall
include:
  Forming organizations, associations, clubs, committees or other groups of persons for the
purpose of soliciting votes and/or undertaking any campaign for or against a candidate.

 Holding political caucuses, conferences, meetings, rallies, parades, or other similar

assemblies, for the purpose of soliciting votes and/or undertaking any campaign or
propaganda for or against a candidate;

 Making speeches, announcements or commentaries, or holding interviews for or against the

election of any candidate for public office;

 Publishing or distributing campaign literature or materials designed to support or oppose the

election of any candidate; or

 Directly or indirectly soliciting votes, pledges or support for or against a candidate.

CAMPAIGN PERIOD

Distinguished from Election Period: Election Period shall be fixed by the Commission on
Elections in accordance with Section 6, Article XII(C) of the Constitution. The campaign period,
however, has been fixed so that it shall not be more than forty-five days immediately preceding the
election. Election period under Section 5 of Article XII-C of the Constitution extends even beyond the
day of the election itself, while the period, by reason of its nature and purpose, must necessarily be
before the election are held. (Peralta vs. Commission on Elections, 82 SCRA 30)

PARTISAN POLITICAL ACTIVITY

The following specific acts are likewise considered partisan political activities and are grounds
for disciplinary action, to wit;

 Being a delegate to any political convention or members of any political committee or

directorate or an officer of any political club or other similar political organization.

 Making speeches or publications to draw political support in behalf of any particular party or
candidate for public office.

 Soliciting or receiving contribution for political purposes, either directly or indirectly.

 Becoming publicly identified with the success of failure of any candidate or candidates.

RATIONAL BEHIND THE PROHIBITION

The rationale behind this policy of the aforequoted provisions of law is to ensure that civil
servants maintain strict neutrality based on consideration that such officers and employees should
primarily concern themselves with the efficient administration of the affairs of the government and
political should be left entirely to politicians. The principle of political neutrality for civil servants finds
its justifications in the desire to secure discipline and efficiency in the public service by doing away
with the spoils system. It may be mentioned that many government employees have been
accustomed to work for the candidacy of particular persons to ensure security of tenure or to get
reward in the form of appointments or promotions in government positions as spoils of victory. It is
therefore the considered view that public service “would be more truly devoted to the public welfare if
public servants were not over active politically. (De Leon, Textbook on the New Philippine
Constitution, p. 374, citing United Public Works vs. Mitchel, 330, US 100). Moreover, it may be stated
that the purpose of the probation against partisan political activity is likewise aimed to prevent
members of the civil service from using the resources of the government for the benefit of their
candidates and to insulate them from political retaliation from winning candidates whom they have
opposed or not supported. (Cruz, Philippine Political Law, p. 279)

EXPRESSING ONE’S OPINION

Prohibitive acts should be differentiated from the right of all citizens, including public officers
and employees to express their views on current political problems or issues or to mention the names
of candidates for public office whom they support or believe to have the best platform of government.
However, while expression of opinion may not necessarily constitute a violation of law or rules against
partisan political activity, there may be instances where the exercise of said right to express an
opinion or view, by its terms or term may escalate into an offensive and emotional discourses as to
invite criticisms or provoke hostile comments and disruptive reactions which actuations could be a
ground for disciplinary actions as “conduct prejudicial to the best interest of the service” under Section
46, paragraph (b) [27]. Chapter 7, subtitle A, Book V of Executive Order No. 292 (Administrative Code
of 1987)

POLITICALLY RELATED PROHIBITIONS

A. Detail Before Election

Except when the exigencies of the service require, an official or employee of the
government may not be ordered detailed or reassigned during the three-month period before any
local or national election, and if he believes that the order for his detail or reassignment is due to
harassment, coercion, intimidation, or other personal reasons, he may appeal the order to the
Commission. Until this is proven, however, the order is presumed to be in the interest of the
service and notwithstanding the appeal, the decision to detail or reassign him shall be executory,
but the commission may order deferment of suspension of the detail or reassignment ex parte.
(Teotico v. Agda, Sr., G.R. 87437, 29 May 90)

B. Contribution to Political Fund

No person in the Philippine Civil Service shall under obligation to contribute to a political
fund or to render any political service, nor shall he be removed or otherwise, prejudiced for
refusing to contribute or render any such service; and no officer or employee in the Philippine Civil
Service shall directly or indirectly solicit, collect, or receive from any other officer or employee, any
money or other valuable thing to be supplied to the promotion of any political object whatever. Any
person violating any provision hereof shall be removed from office or dismissed from the service
and shall be subject also to prosecution as provided by law. (Sec. 687, Revised Administrative
Code)

C. Political Patronage in Promotions

Promotions in the Civil Service Commission should always be made in the basis of
qualifications, including occupational competence, moral character, devotion to duty and not least
important, loyalty to the service. The last trait should always be given appropriate weight, to
reward the civil servant who has chosen to make his employment in the Government a lifetime
career in which he can expect advancement through the years for work well done. Political
patronage should not be necessary. His reward alone should be sufficient assurance that when a
higher position becomes vacant, he shall be seriously considered for the promotion and, if
 warranted, preferred to less devoted aspirants. (Teologo v. Civil Service Commission, G.R. 92103,
8 Nov. 90)

ADMINISTRATIVE SANCTION

The offense of engaging directly or indirectly in partisan political activities by one holding non-
political office is classified as a grave offense punishable by the penalty of DISMISSAL from the
service pursuant to CSC MC No. 30 s. 1989 (Guidelines in the Application of Penalties in
Administrative Cases).