Code of Ethical Standards

October 6, 2021

BJMP-LSO MEMORANDUM CIRCULAR NO. 125

 

1.0 REFERENCES

A. Article XI, Section 1 and Article II Section 27, the 1987 Constitution of the Republic of the Philippines; and

B. Republic Act No. 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees.

2.0 BACKGROUND/RATIONALE

The Bureau of Jail Management and Penology (BJMP) was created under RA 6975 (as amended by RA 9263) as a line bureau of the Department of the Interior and Local Government (DILG). It has direct supervision and control over all district, city, and municipal Jails, catering mostly to Persons Deprived of Liberty (PDL) awaiting trial or the disposition of their cases, and those classified as district, city, and municipal prisoners serving sentence after being convicted with final judgment.

By virtue of RA 9263, an act professionalizing the BJMP, jail personnel shall be developed in promoting jail administration guided by the principle that a public office is a public trust and all public servants must at all times be accountable to the people. They shall serve with utmost responsibility, integrity, morality, loyalty and efficiency with due respect to human rights as enshrined in the 1987 Constitution of the Republic of the Philippines and International Covenant on managing PDL and their dignity as hallmarks of a democratic society. They shall at all times bear faithful allegiance to the legitimate Government, support and uphold the Constitution, respect the duly constituted authorities, and be loyal to the jail service.

Corollary to the foregoing, the Office of the Honorable Ombudsman, in the pursuit of its bounded duty to eradicate graft and corruption in the government, has required government agencies to promulgate a Code of Conduct.

For the attainment of the foregoing, this Code of Ethical Standards and Customs and Traditions for BJMP Personnel is indispensable.

3.0 OBJECTIVES

3.1 To be the guide and parameter of every BJMP personnel, uniformed or non-uniformed, in the conduct of one's official duties and dealings with the public;

3.2 To serve as a criterion of one's personal life while in the government service; and

3.3 To instill to all BJMP personnel the core values of love of the Almighty, respect for authority, selfless love and service for people, respect for human beings and the sanctity of marriage, responsible dominion and stewardship over material things and truthfulness.

4.0 SCOPE

This Memorandum Circular (MC) shall be applicable to all BJMP personnel, both uniformed and non-uniformed.

5.0 DEFINITION OF TERMS

For purposes of these guidelines, the following terms are defined:

5.1 Code of Ethics — is a set of principles of conduct within an organization that guide decision making and behavior.

5.2 Code of Conduct and Ethical Standards — for public officials and employees, to be at all times discharge their duties with utmost responsibility, integrity, competence, and loyalty, act with patriotism and justice, lead modest lives, and uphold the time-honored principle of public office being a public trust.

5.3 Ethics — refers to a professional code of conduct for those who work in and for the government. Government ethics identifies what are the correct behaviors an employee must do in a given situation. It also establishes rules of conduct for public officials to follow.

5.4 Morals — a lesson, especially one concerning what is right and prudent, that can be derived from a story, a piece of information, or an experience.

5.5 Public Office — is the right, authority or duty created and conferred by law, by which, for a given period, either fixed by law or enduring at the pleasure of the appointing power, an individual is invested with some sovereign power of government to be exercised by him/her for the benefit of the public (Fernandez vs. Sto. Tomas, G.R. No. 116418, March 7, 1995).

5.6 Values — a person's principles or standards of behavior.

5.7 Virtue — behavior showing high moral standards.

6.0 GENERAL GUIDELINES

The following are the guidelines for the implementation of Ethical Standards of the BJMP personnel:

A. CORE VALUES

A.1 JAIL OFFICER'S CREED

a.1.1. I believe in the Almighty, the Supreme Being, a Great Provider, and the Creator of all humankind.

a.1.2. I believe that respect for authority is a duty. I respect and uphold the Constitution, the laws of the land and the applicable rules and regulations. I recognize the legitimacy and authority of the BJMP leadership and will follow and obey legal orders of my superior officers.

a.1.3. I believe in selfless love and service to people. Toward this end, I commit myself to the service of my fellowmen over and above my personal convenience.

a.1.4. I believe in the sanctity of marriage and respect for the individual rights. I shall set the example of decency and morality and shall have high regard for family life and chastity.

a.1.5. I inhibit myself from ostentatious display of my property. I shall protect the environment and conserve nature to maintain ecological balance. I shall respect private and public properties and prevent others from destroying them.

a.1.6. I believe in the wisdom of truthfulness. I must be trustworthy and shall speak the truth at all times as required by my profession. I shall likewise submit myself to censorship or corrections on any misconduct.

A.2 BJMP STAND ON BASIC ISSUES

a.2.1. BJMP Image — The image of any organization affects the esprit de corps, morale and welfare of its members and their sense of pride. Therefore, all members of the BJMP shall conduct themselves in a manner that would not place the BJMP in a bad light, live in accordance with this Code's core values, and possess virtues of honor, integrity, valor, justice, humility, charity and loyalty to the jail service.

a.2.2. Career Management, the key to professionalism — The proper implementation of the program towards personnel professionalization will bring about stringent policy and strict implementation of human resource development system compatible with the equitable distribution of recruitment, fair promotion, rationalized approach in assignment, skills development grant of reward and award and decent living upon retirement.

a.2.3. Jail Management and Leadership — The effectiveness of jail service is reflective of the managerial capabilities and competent leadership of the men and women who manage the BJMP organization. It is therefore a "must" that these attributes be the primary basis for consideration in the selection of personnel for recruitment, promotion and deployment purposes.

a.2.4. Equality in the Service — There shall be judicious and equitable distribution of opportunity to prove one's worth in the jail service. The problem on inequity through class orientation and factionalism, both real and perceived, premised on favored assignment, inequitable opportunity for training, unfair granting of promotion, and untimely awarding and/or recognition of achievements will create an atmosphere of demoralization. The result is inefficiency and lack of teamwork to the detriment of the organization. It is only fitting and proper therefore for the BJMP leadership to timely address these situations once perceived. The civilian character of the organization requires adherence to the rule on the merit and fitness system and to dissociate the above process from class orientation and factionalism.

a.2.5. Delicadeza — in accordance with the requirements of honor and integrity of the BJMP, all members must have the moral courage to sacrifice in keeping with the time-honored principle of "delicadeza." It is the sense of knowing what is proper when one is in a position of power, authority and trust.

a.2.6. Lifestyle — the BJMP shall endeavor to promote a lifestyle for every member of the organization that is acceptable and respectable in the eyes of the public. Further, its members should set example to the subordinates and follow good examples from the superiors. They must be free from greed, corruption and exploitation. The public expects a BJMP personnel to live a simple, yet credible and dignified life.

a.2.7. Political Patronage — all BJMP members must inhibit themselves from soliciting favors from politicians in matters pertaining to assignment, awards, training and promotion. A violation of this creed will subject the personnel to administrative sanctions.

a.2.8. Human Rights — all BJMP members must respect and protect human dignity, inalienable rights of a person to life, liberty and property.

B. FIDELITY TO DUTY

B.1. STANDARDS OF JAIL SERVICE PROFESSIONALISM — all BJMP members shall perform their duties with excellence, competence, integrity, intelligence and expertise in the application of specialized skill and technical knowledge.

B.2. PROFESSIONAL CONDUCT — all personnel should observe the following professional conduct:

b.2.1. COMMITMENT TO DEMOCRACY — all BJMP members commit themselves to the democratic way of life and values and maintain the principle of public accountability. They shall at all times uphold the laws of the land and be loyal to their country, people and organization over and above loyalty to any person or organization.

b.2.2. NON-PARTISANSHIP — all members of the BJMP shall provide services to everyone without discrimination regardless of party affiliation in accordance with existing laws and regulations.

b.2.3. PHYSICAL FITNESS AND HEALTH — all members of the BJMP shall strive to be physically and mentally fit and in good health at all times. Towards this end, they shall undergo regular physical exercises and annual medical examination.

b.2.4. PROPER CARE AND USE OF PUBLIC PROPERTY — all members of the BJMP shall be responsible for the security, proper care and use of public properties issued to them and/or deposited under their care and custody. Unauthorized use of public property for personal, family, friend or relative's convenience or gain of one's families, friends, or relatives is strictly prohibited.

b.2.5. DISCIPLINE — all members of the BJMP shall conduct themselves at all times in keeping with the rules and regulations of the organization.

b.2.6. LOYALTY — above all, BJMP members must be loyal to the Constitution, their organization and the jails services as manifested by their loyalty to their superiors, peers and subordinates as well.

b.2.7. OBEDIENCE TO SUPERIORS — all BJMP members shall obey lawful orders and be courteous to superior officers and other proper authorities within the Chain of Command.

b.2.8. COURTESY — all members, even superior officers, must show politeness in one's attitude and behavior toward others.

b.2.9. COMMAND RESPONSIBILITY — in accordance with the Doctrine of Command and Responsibility, immediate supervisors shall be responsible for the effective supervision, control and direction of their subordinates and shall see to it that all government resources shall be managed, expended or utilized in accordance with laws and regulations and safeguarded against losses through illegal or improper disposition.

B.3. ETHICAL STANDARDS — In the performance of duty, BJMP personnel shall adhere to and observe the following ethical standards:

b.3.1. MORALITY — all BJMP members shall adhere to high standards of morality and decency and shall set good examples for others to follow. Hence, among others, they shall be faithful to their spouses and refrain from having any illicit relationship and in no instance during their term of office shall they be involved as owners, operators, managers or investors in any house of ill-repute, intoxication, illegal gambling den or other places devoted to vices; nor shall they patronize such places.

b.3.2. JUDICIOUS USE OF AUTHORITY — BJMP members shall exercise proper and legitimate use of authority in the performance of their duty and in no case shall it be used to exact favors from PDL, their families and visitors, nor such favors given in exchange for special or extravagant privileges.

b.3.3. INTEGRITY — BJMP members shall not allow themselves to commit corrupt and dishonest practices such as allowing PDL to escape or giving them special treatment for a fee or for whatever consideration.

b.3.4. JUSTICE — BJMP members shall strive constantly to respect the rights of others so that they can fulfill their duties and exercise their rights as human beings in whatever role or capacity and see to it that others do likewise.

b.3.5. HUMILITY — all BJMP members shall recognize the fact that they are public servants and not masters of the people towards this end, they shall 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.

b.3.6. ORDERLINESS — BJMP members shall follow logical procedures in accomplishing tasks assigned to them to minimize waste in the use of time, resources and effort.

b.3.7. PERSEVERANCE — once a decision is made, all BJMP members shall take legitimate means to achieve the goal even in the face of internal or external difficulties, and despite adversities which might weaken their resolve in the course of time.

C. CONFIDENTIALITY

All BJMP personnel shall guard the confidentiality of classified information as determined by the Bureau against unauthorized disclosure, including confidential aspects of official business, special orders, communications and other documents, roster or any position thereof, contents of jail records, identities of persons who may have given their information in confidence.

D. CONFLICT OF INTEREST

D.1. COMMITMENT TO PUBLIC INTEREST — members of BJMP shall always uphold public interest over and above personal interest. In the event of an apparent conflict between personal interest and official duties, e.g., wherever a personnel feels that in the performance of his/her official duties, a conflict may arise involving his/her family or friend, the BJMP personnel must put public interest first. If the personnel cannot, in conscience, perform the foregoing standard of public service, he/she must disclose such conflict to his/her superior officers and inhibit himself/herself from performing the official duty required of him/her.

D.2. DEVOTION TO DUTY — all BJMP personnel shall perform their duties with dedication, thoroughness, efficiency, enthusiasm, determination, transparency and manifest concern for the public's welfare, and shall refrain from engaging in any activity which will conflict with their duties as public servants.

E. OUTSIDE EMPLOYMENT

The BJMP personnel should be aware that a day's working time consists of eight (8) hours but is also cognizant of the fact that due to the nature of his/her duties, his/her actual working hours may be required at any period of the day or night. Furthermore, a BJMP personnel must be willing to render more than eight (8) hours work in the exigency of service without thought of additional remuneration. In view of the foregoing, BJMP personnel cannot accept outside regular employment, except when the services are occasional, allowed by law and not inconsistent with one's duties and responsibilities.

F. RELATION WITH THE PUBLIC

F.1. RESPECT FOR HUMAN RIGHTS — in the performance of duty, BJMP members shall respect and protect human dignity and uphold the human rights of persons. No member shall inflict, instigate or tolerate extra-judicial killings, arbitrary arrests, any act of torture or other cruel, inhuman or degrading treatment or punishment, and shall not invoke superior orders or exceptional circumstances such as a state-of-war, a threat to national security, internal political instability or any public emergency as a justification for committing such human rights violations.

F.2. SOCIAL AWARENESS — all BJMP members and their immediate family members shall be encouraged to actively get involved in religious, social and civic activities to enhance the image of the organization without affecting their official duties.

F.3. CONSERVATION OF NATURAL RESOURCES — all members of the BJMP 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.

7.0 SPECIFIC GUIDELINES/PROCEDURES

7.1 FOUNDATION — All BJMP members in the performance of their duties shall fully abide by this Code. This Code is anchored on divine and moral precepts, The 1987 Constitution of the Republic of the Philippines, relevant provisions of the Revised Penal Code, RA 6713 (Code of Conduct and Ethical Standards of Public Officials and Employees), RA 3019 (Anti-Graft and Corrupt Practices Act), RA 6975 (DILG Act of 1990), RA 9263 (BFP and BJMP Professionalization Act of 2004) and other related laws.

7.2 COMMITMENT — In order to ensure commitment to this Code by the members of the BJMP, the following shall be observed:

7.2.1. All BJMP members shall take upon themselves that the intent and spirit of this Code are honoured and upheld all times.

7.2.2. The Command Group, Directors, Chiefs and Heads of Offices Regional Directors, Jail Provincial Administrator's, Wardens and other key officials in the field shall set the example and be responsible in the observance of this Code.

7.2.3. The BJMP Chaplaincy Service Office, while setting the examples, shall actively participate in the internalization and institutionalization of this Code.

7.2.4. All members of the BJMP shall take an oath that they shall commit themselves to this Code. The oath of commitment shall be done upon entry into the BJMP, upon promotion to the next higher rank, and upon assumption to office/position.

7.3 PROPAGATION AND DEVELOPMENT — Propagation and Development of this Code is a Bureau-wide policy and its implementation is a command responsibility of BJMP offices at all levels.

7.3.1. The Code shall be internalized by all members and institutionalized in the BJMP. It will be a part of the curricula of all BJMP academic courses during NJMPTI training and will be integrated in moral value programs conducted through regular BJMP information and education activities.

7.3.2. There shall be a continuous appraisal and study on the effectiveness of this Code consistent with the growth and dynamics of performance standards and professionalization of the BJMP.

7.3.3. The BJMP Chaplaincy Service shall assist the Internal Audit Unit (IAU) in the internalization and institutionalization of this Code. Likewise, it shall be the duty of the National Executive Senior Jail Officer (NESJO), Regional Executive Senior Jail Officer (RESJO), and Unit Executive Senior Jail Officer (UESJO) of every office and jail unit to guide all Jail Officers in the internalization and institutionalization of this Code.

7.3.4. Any BJMP personnel found violating this Code shall be charged with corresponding criminal or administrative case before the proper authority.

8.0 MISCELLANEOUS

There shall be a sustained effort to improve the Code in the following areas:

8.1 Strengthen and reinvigorate activities on historical recordings and interpretations of contemporary events.

8.2 The BJMP shall be so structured to reinforce values and standards of this Code.

8.3 In case of conflict in the practice of customs and traditions on one hand and in the performance of duties on the other, the latter shall prevail.

8.4. The BJMP members shall be morally and duty bound to advise fellow members to refrain from violating this Code.

8.5 In case where erring BJMP members are found to be incorrigible, proper report shall be made to the appropriate authority.

9.0 SEPARABILITY CLAUSE

If any provisions of this Code or the application of such provision to any person or circumstances is declared invalid, the remainder of this Code or the application thereof to other persons or circumstances shall not be affected by such declaration.

10.0 PENALTY CLAUSE AND ADMINISTRATIVE SANCTIONS

The penalties for the commission of acts/practices in violation of this Code shall be in accordance with the Revised Penal Code, R.A. 6713, R.A. 3019 and other special laws. For acts or omissions which merely require administrative sanctions, primarily, the applicable punishments as provided for by the rules and regulations promulgated by the Civil Service Commission and the 2017 Comprehensive BJMP Disciplinary Machinery, as amended shall be applied.

11.0 EFFECTIVITY

These guidelines shall take effect fifteen (15) days from the filing thereof with the U.P. Law Center — Office of the National Administrative Register in accordance with Sections 3 and 4, Chapter II, Book VII of Executive Order No. 292 otherwise known as the "Administrative Code of 1987."

Prepared By:

(SGD.) ATTY. MICHAEL ANGELO M. CACERESJail Superintendent

Reviewed By:

(SGD.) DENNIS U. ROCAMORA, CESEJail Chief Superintendent

Approved By:

(SGD.) ALLAN S. IRAL, CESEJail Director

ATTACHMENT

PLEDGE OF A BJMP PERSONNEL

I will love and serve God, my country and my people;

The Jail Officer's Pledge should be recited during the following occasions:

1. Flag raising and flag retreat ceremonies, jointly with the Pledge of Allegiance to the Flag (Panunumpa sa Watawat).

2. BJMP Training/course opening and closing ceremonies.

3. Seminars on moral values internalization.

4. Other Ceremonies.

Pledge of Commitment

I Pledge of Commitment should be recited during original appointment and/or promotion.