A
collection of Philippine laws, statutes and codesnot
included or cited in the
main indices
of
theChan Robles Virtual Law LibraryThis page features the full text ofADMINISTRATIVE
DISCIPLINARY RULES ON SEXUAL HARASSMENT CASESRESOLUTION
NO. 01-0940Republic
of the PhilippinesCIVIL
SERVICE
COMMISSION chanroblesvirtualawlibrary
RESOLUTION
NO. 01-0940
ADMINISTRATIVE
DISCIPLINARY RULES ON SEXUAL HARASSMENT CASES
WHEREAS,
Section 11, Article II of the 1987
Philippine Constitution provides that the State values the dignity
of every human person and guarantees full respect for human rights.
WHEREAS,
the Vienna Declaration and Programme of Action of the World Conference
on Human Rights (June 1993) and the Beijing Declaration and Platform
for
Action of the Fourth World Conference on Women (September 1995)
reaffirm
the equal rights and inherent human dignity of women and men, and
particularly
the human rights of women as an inalienable, integral and indivisible
part
of all human rights and fundamental freedoms.
WHEREAS,
the Philippines, with other States of the World, has reaffirmed,
through
the Vienna Declaration and Programme of Action and the Beijing
Declaration
and Platform for Action, its solemn commitment to fulfill its
obligations
to promote universal respect for, and observance and protection of all
human rights and fundamental freedoms for all in accordance with the
Charter
of the United
Nations,
other instruments relating to human rights, and international law;
WHEREAS,
the Vienna Declaration and Programme of Action stresses that all forms
of sexual harassment are incomparable with the dignity and worth of the
human person and must be eliminated by legal measures and through
national
action, while the Beijing Platform for Action specifically mandates
Governments
to “enact and/or reinforce penal, civil, labour and administrative
sanctions
in domestic legislation to punish and redress” violence against
women
including sexual harassment and “develop programmes and procedures
to
eliminate sexual harassment and other forms of violence against women
in
all educational institutions, workplaces and elsewhere;”
WHEREAS,
the Philippine Congress enacted on February 14, 1995, Republic
Act No. 7877, otherwise known as the “Anti-Sexual Harassment Act of
1995”,
which took effect on March 5, 1995 and declares unlawful sexual
harassment
against women and men in the employment, education and training
environment.
WHEREAS,
Section 4 (a) of Republic
Act No. 7877 mandates every employer or head of agency in the
public
and private sectors to promulgate rules and regulations prescribing the
procedure for the investigation of sexual harassment cases and the
administrative
sanctions therefor;
WHEREAS,
there is a need to devise uniform rules and regulations particularly in
the definition of the administrative offense of sexual harassment and
the
sanctions therefor, and the procedures for the administrative
investigation,
prosecution and adjudication of sexual harassment cases.
WHEREAS,
Section 3, Article IX (B) of the 1987
Constitution, Section 1 and Section 12 (19), Subtitle A, Title I of
Book V of the Administrative
Code of 1987 (Executive Order No. 292) and Section 4 (B), Republic
Act No. 6713, otherwise known as the “Code of Conduct and Ethical
Standards
for Public Officials and Employees,” empower the Civil Service
Commission,
as the central personnel agency of the Government, to adopt positive
measures
for the observance of substantive and procedural administrative
standards,
including standards for the personal conduct of government officials
and
employees, in order to promote morale, efficiency, integrity,
responsiveness
and progressiveness in the entire government bureaucracy;
WHEREAS,
Section 4 of Republic
Act NO. 6713 provides norms of personal conduct for public
officials
and employees to observe in the performance of official duties, and
specifically
directs that they shall act without discrimination against anyone, and
shall at all times respect the rights of others and refrain from doing
acts contrary to law, good morals, good customs, public policy, public
order, public safety and public interest;
WHEREAS,
sexual harassment violates the dignity of workers and their right to
humane,
just and safe work environment, defeats and impairs morale and
efficiency
in the workplace, and violates the merit and fitness principle in the
civil
service.
NOW, THEREFORE,
this Commission hereby promulgates these Rules and Regulations defining
the administrative offense of sexual harassment and prescribing the
standard
procedure for the administrative investigation and resolution of sexual
harassment cases in the public sector.
RULE I.TITLE
Section I.
These Rules shall be known as the "Administrative Disciplinary
Rules
on Sexual Harassment Cases."
RULE II.COVERAGE
Section 2.
These Rules shall apply to all officials and employees in government,
whether
in the career or non-career service and holding any level of position,
including Presidential appointees and elective officials, regardless of
status, in the national or local government, state colleges and
universities,
including government-owned or controlled corporations, with original
charters.
RULE
III.DEFINITION
Section 3.
For the purpose of these Rules, the administrative offense of sexual
harassment
is an act, or a series of acts, involving any unwelcome sexual advance,
request or demand for a sexual favor, or other verbal or physical
behavior
of a sexual nature, committed by a government employee or official in a
work-related, training or education related environment of the person
complained
of.
(a) Work
related
sexual harassment is committed under the following circumstances:chanroblesvirtuallawlibrary
(1)
submission
to or rejection of the act or series of acts is used as a basis for any
employment decision (including, but not limited to, matters related to
hiring, promotion, raise in salary, job security, benefits and any
other
personnel action) affecting the applicant/employee; or
(2) the
act
or series of acts have the purpose or effect of interfering with the
complainant’s
work performance, or creating an intimidating, hostile or offensive
work
environment; or
(3) the
act
or series of acts might reasonably be expected to cause discrimination,
insecurity, discomfort, offense or humiliation to a complainant who may
be a co-employee, applicant, customer, or word of the person complained
of.
(b) Education
or
training-related sexual harassment is committed against one who is
under
the actual or constructive care, custody or supervision of the
offender,
or against one whose education, training, apprenticeship, internship or
tutorship is directly or constructively entrusted to, or is provided
by,
the offender, when:chanroblesvirtuallawlibrary
(1)
submission
to or rejection of the act or series of acts as a basis for any
decision
affecting the complainant, including, but not limited to, the giving of
a grade, the granting of honors or a scholarship, the payment of a
stipend
or allowance, or the giving of any benefit, privilege or consideration.
(2) the
act
or series of acts have the purpose or effect of interfering with the
performance,
or creating an intimidating, hostile or offensive academic environment
of the complainant; or
(3) the
act
or series of acts might reasonably expected to cause discrimination,
insecurity,
discomfort, offense or humiliation to a complainant who may be a
trainee,
apprentice, intern, tutee or ward of the person complained of.
Section 4. Sexual
harassment may take place:chanroblesvirtuallawlibrary
1. in the
premises
of the workplace or office or of the school or training institution;
2. in any
place
where the parties were found as a result of work or education or
training
responsibilities or relations;
3. at work
or
education or training-related social functions;
4. while
on
official business outside the office or school or training institution
or during work or school or training-related travel;
5. at
official
conferences, fora, symposia or training sessions; or
6. by
telephone,
cellular phone, fax machine or electronic mail.
RULE IV.FORMS
OR
SEXUAL HARASSMENT
Section 5.
The following are illustrative forms of sexual harassment:chanroblesvirtuallawlibrary
(a) Physical
i.
Malicious
Touching;
ii.
Overt sexual
advances;
iii.
Gestures
with lewd insinuation.
(b) Verbal,
such
as but not limited to, requests or demands for sexual favors, and lurid
remarks;
(c) Use of
objects,
pictures or graphics, letters or writing notes with sexual
underpinnings;
(d) Other
forms
analogous to the forgoing.
RULE V.PERSONS
LIABLE FOR SEXUAL HARASSMENT
Section 6.
Any government official or employee, regardless of sex, is liable for
sexual
harassment when he/she:chanroblesvirtuallawlibrary
(a) directly
participates in the execution of any act of sexual harassment as
defined
by these Rules;
(b)
induces
or directs another or others to commit sexual harassment as defined by
these Rules;
(c)
cooperates
in the commission of sexual harassment by another through an act
without
which the sexual harassment would not have been accomplished;
(d)
cooperates
in the commission of sexual harassment by another through previous or
simultaneous
acts.
RULE VI.COMMITTEE
ON DECORUM AND INVESTIGATION OF SEXUAL HARASSMENT CASES
Section 7.
A Committee on Decorum and Investigation shall be created in all
national
or local agencies of the government, state colleges and universities,
including
government-owned or controlled corporations with original
charter.
The Committee shall perform the following functions:chanroblesvirtuallawlibrary
(a) Receive
complaints of sexual harassment;
(b)
Investigate
sexual harassment complaints in accordance with the prescribed
procedure;
(c) Submit
a
report of its findings with the corresponding recommendation to the
disciplining
authority for decision;
(d) Lead
in
the conduct of discussions about sexual harassment within the agency or
institution to increase understanding and prevent incidents of sexual
harassment;
Localized Committees
on Decorum and Investigation established in the regional or field
offices,
as the case may be, of the agency or institution shall have the same
functions
as stated above and shall submit the report of investigation with its
recommendation
directly to the disciplining authority.
When a member
of the Committee is the complainant or the person complained of in a
sexual
harassment case, he/she shall be disqualified from being a member of
the
Committee.
Section 8. Composition.
- In a work-related environment, a Committee on Decorum and
Investigation
shall be composed of at least one (1) representative each from the
management,
the accredited union, if any, the second level employees, and from the
first level employees, duly selected by the unit concerned.
In an educational
or training institution, the Committee shall be composed of at least
one
(1) representative from the administration, the trainers, teachers,
instructors,
professors or coaches, and students or trainees, as the case may be,
duly
selected by the level concerned.
Section 9. The
agency may formulate its own rules governing the term of office of its
members which should be more than two years, and other matters
pertaining
to the functions of the Committee not otherwise provided in these Rules.
RULE
VII.PRE-FILING
STANDARD OPERATING PROCEDURES IN ATTENDING TO VICTIMS OF SEXUAL
HARASSMENT
Section 10.
The Pre-filing Stage. – The agency may adopt mechanisms to
provide
assistance to an alleged victim of sexual harassment which may include
counseling, referral to an agency offering professional help, and
advice
on options available before the filing of the complaint.
RULE
VIII.STANDARD
PROCEDURAL REQUIREMENTS
Section 11.
The procedural rules provided hereunder are the standard requirements
in
handling a sexual harassment case.
Section 12.
Complaint.
(a) The
complaint
may be filed at any time with the disciplining authority of the office
or agency, or with the Committee on Decorum and Investigation.
Upon
receipt of the complaint by the disciplining authority of the office or
agency, the same shall be transmitted to the Committee on Decorum and
Investigation,
if there is any. In the absence of a Committee on Decorum and
Investigation,
the head office or agency shall immediately cause the creation of
Committee
on Decorum and Investigation in accordance with the law and rules, and
transmit the complaint to the Committee.
(b) The
complaint
must be in writing, signed and sworn to by the complainant. It shall
contain
the following:chanroblesvirtuallawlibrary
1. the full
name and address of the complainant;
2. the
full
name, address, and position of the respondent;
3. a
brief statement
of the relevant facts;
4.
evidence,
in support of the complainant, if any;
5. a
certification
of non-forum shopping.
In the
absence
of any one of the aforementioned requirements, the complaint shall be
dismissed
without prejudice to its refiling.
Where the
complaint
is not under oath, the complainant shall be summoned by the Committee
to
swear to the truth of the allegations in the complaint.
(c)
Complaints
sent by telegram, radiogram, electronic mail or similar means of
communication
shall be considered non-filed unless the complainant shall comply with
the requirements provided in Section 12(b) within ten (10) days from
receipt
of the notice for compliance.
(d)
Withdrawal
of the complaint at any stage of the proceedings shall not preclude the
Committee from proceeding with the investigation where there is obvious
truth or merit to the allegations in the complaint or where there is
documentary
or direct evidence that can prove the guilt of the person complained of.
Section 13. Action
on the Complaint. – Upon receipt of a complaint that is sufficient
in form and substance, the Committee on Decorum and Investigation shall
require the person complained of to submit a Counter-Affidavit/Comment
under oath within three (3) days from receipt of the notice, furnishing
a copy thereof to the complainant, otherwise the
Counter-Affidavit/Comment
shall be considered as not filed.
Section 14.
Preliminary Investigation. – A preliminary investigation shall
be
conducted by the Committee on Decorum and Investigation. The
investigation
involves the ex parte examination of documents submitted by
the
complainant and the person complained of, as well as documents readily
available from other government offices.
During the preliminary
investigation, the parties may submit affidavits and counter-affidavits.
Upon receipt
of the counter-affidavit or comment under oath, the Committee on
Decorum
and Investigation may now recommend whether a prima facie case
exists
to warrant the issuance of a formal charge.
During preliminary
investigation, proceedings before the Committee on Decorum and
Investigation
shall be held under strict confidentiality.
Section 15.
Duration of the Investigation. – A preliminary investigation
shall
commence not later than five (5) days from receipt of the complaint by
the Committee on Decorum and Investigation and shall be terminated
within
fifteen (15) working days thereafter.
Section 16.
Investigation Report. – Within five (5) working days from the
termination
of the preliminary investigation, the Committee on Decorum and
Investigation
shall submit the Investigation Report and the complete records of the
case
to the disciplining authority.
Section 17.
Decision or Resolution After Preliminary Investigation. – If a prima
facie case is established during the investigation, a formal
charge
shall be issued by the disciplining authority within three (3) working
days from receipt of the Investigation Report.
In the absence
of a prima facie case, the complaint shall be dismissed within
the
same period.
Section 18.
Formal Charge. – After finding a prima facie case, the
disciplining
authority shall formally charge the person complained of. The
formal
charge shall contain a specification of the charge(s), a brief
statement
of material or relevant facts, accompanied by certified true copies of
the documentary evidence, if any, sworn statements covering the
testimony
of witnesses, a directive to answer the charge(s) in writing under oath
in not less than seventy-two hours from receipt thereof, an advice for
the respondent to indicate in his/her answer whether or not he/she
elects
a formal investigation of the charge(s), and a notice that he/she is
entitled
to be assisted by a counsel of his/her choice.
If the respondent
has submitted his/her comment and counter-affidavits during the
preliminary
investigation, he/she shall be given the opportunity to submit
additional
evidence.
The Committee
on Decorum and Investigation shall not entertain requests for
clarification,
bills of particulars or motions to dismiss which are obviously designed
to delay the administrative proceeding. If any of these pleadings is
filed
by the respondent, the same shall be considered as part of his/her
answer
which he/she may file within the remaining period for filing the answer.
Section 19.
Answer. – The answer which must be in writing and under oath,
shall
be specific and shall contain material facts and applicable laws, if
any,
including documentary evidence, sworn statements covering testimonies
of
witnesses, if there be any, in support of respondent’s case. If shall
also
include a statement indicating whether he/she elects a formal
investigation.
Section 20.
Failure to File an Answer. – If the respondent fails or refuses
to file his/her answer to the formal charge within seventy-two (72)
hours
from receipt thereof without justifiable cause, he/she shall be
considered
to have waived his right thereto and formal investigation may commence.
Section 21.
Preventive Suspension. – Upon petition of the complainant or motu
proprio upon the recommendation of the Committee on Decorum and
Investigation,
at any time after the service of the Formal Charge to the respondent,
the
proper disciplining authority may order the preventive suspension of
the
respondent during the formal investigation, if there are reasons to
believe
that he/she is probably guilty of the charges which would warrant
his/her
removal from the service.
An order of
preventive suspension may be issued to temporarily remove the
respondent
from the scene of his/her misfeasance or malfeasance and to preclude
the
possibility of his/her exerting undue influence or pressure on the
witnesses
against him/her or tampering of documentary evidence on file with this
office.
Section 22.
Duration of Preventive Suspension. - When the administrative
case
against the respondent under preventive suspension is not finally
decided
by the disciplining authority within the period of ninety (90) days
after
the date of his/her preventive suspension, unless otherwise provided by
special law, he/she shall be automatically reinstated into the service:
Provided, that when the delay in the disposition of the case is
due to the fault, negligence or petition of the respondent, the period
of delay should not be included in the counting of the ninety (90)
calendar
days period of preventive suspension: Provided, further, That
should
the respondent be on paternity/maternity leave, said preventive
suspension
shall be deferred or interrupted until such time that said leave has
been
fully enjoyed.
Section 23.
Remedies from the Order of Prevention Suspension. – The
respondent
may file a motion for reconsideration with the disciplining authority
or
may elevate the same to the Civil Service Commission by way of an
appeal
within fifteen (15) days from receipt thereof.
Section 24.
Conduct of Formal Investigation. – Although the respondent does
not request a formal investigation, one shall nevertheless be conducted
by the Committee on Decorum and Investigation if it deems such
investigation
as necessary to decide the case judiciously.
The investigation
shall be held not earlier than five (5) days nor later than ten (10)
days
from receipt of the respondent’s answer. Said investigation shall
be finished within thirty (30) days from the issuance of the formal
charge
or the receipt of the answer unless the period is extended by the
disciplining
authority in meritorious cases.
Section 25.
Pre-hearing Conference. – At the commencement of the formal
investigation,
the Committee on Decorum and Investigation may conduct a pre-hearing
conference
for the parties to appear, consider and agree on any of the following:chanroblesvirtuallawlibrary
a.
stipulation
of facts;
b.
simplification
of issues;
c.
identification
and marking of evidence of the parties;
d. waiver
of
objections to admissibility of evidence;
e.
limiting
the number of witnesses, and their names;
f. dates
of
subsequent hearings; and
g. such
other
matters as may aid in the prompt and just resolution of the case.
The parties may
submit position paper/memoranda and submit the case for resolution
based
on the result of the pre-hearing conference without any need for
further
hearing.
Section 26.
Continuous Hearing Until Terminated; Postponement. – Hearings
hall
be conducted on the hearing dates set by the Committee on Decorum and
investigation
or as agreed upon during a pre-hearing conference.
Where no pre-hearing
conference is conducted, the parties, their counsels and witnesses, if
any, shall be given a notice of at least five (5) days before the first
scheduled hearing specifying the time, date and place of the said
hearing
and subsequent hearings. Thereafter, the schedule of hearings
previously
set shall be strictly followed without further notice. A party shall be
granted only three (3) postponements upon oral or written requests. A
further
postponement may be granted only upon written request and subject tot
the
discretion of the Committee on Decorum and investigation.
If the respondent
fails to appear during the scheduled hearings despite due notice, the
investigation
shall proceed ex-parte and the respondent is deemed to have
waived
his right to be present and to submit evidence in his favor during
those
hearings.
Section 27.
Preliminary Matters. – At the start of the hearing, the
Committee
on Decorum and Investigation shall note the appearances of the parties
and shall proceed with the reception of evidence for the complainant.
If the respondent
appears without the aid of a counsel, he/she shall be deemed to have
waived
his/her right to counsel.
Before taking
the testimony of a witness, the Committee on Decorum and Investigation
shall place him/her under oath and then take his/her name, address,
civil
status, age, and place of employment.
Section 28.
Appearance of Parties. – Any person representing any of the
parties
before any hearing or investigation shall manifest orally or in writing
his/her appearance for either the respondent or complainant, stating
his/her
full name and exact address where he/she can be served with notices and
other documents. Any pleading or appearance made without complying with
the above stated requirements shall not be recognized.
Section 29.
Order of Hearing. – Unless the Committee on Decorum and
Investigation
directs otherwise, the order of hearing shall be as follows:chanroblesvirtuallawlibrary
a. The
complainant
shall present evidence in support of the charge;
b. The
respondent
shall then offer evidence in support of his/her defense;
c. The
complainant
may then offer rebuttal evidence, and the respondent, sur-rebuttal
evidence.
Every witness may
be examined in the following order:chanroblesvirtuallawlibrary
a. Direct
examination
by the proponent;
b.
Cross-examination
by the opponent;
c.
Re-direct
examination by the opponent;
d.
Re-cross
examination by the opponent.
A sworn statement
of a witnesses, properly identified and affirmed by the witness before
the Committee on Decorum and Investigation shall constitute his/her
direct
testimony.
When the presentation
of evidence has been concluded, the parties shall formally offer their
evidence either orally or in writing and thereafter objections thereto
may also be made either orally or in writing. Thereafter, both parties
may be given time to submit their respective memorandum which in no
case
shall be beyond five (5) days after the termination of the
investigation.
Failure to submit the memorandum within the given period shall be
considered
a waiver thereof.
Section 30.
Objections. – All objections raised during the hearing shall be
resolved by the Committee on Decorum and Investigation. However,
objections
that cannot be ruled upon by the Committee shall be noted with the
information
that the same shall be included in the memorandum of the concerned
party
to be ruled upon by the proper disciplining authority.
The Committee
on Decorum and Investigation shall accept all evidence deemed material
and relevant to the case. In case of doubt, the Committee on
Decorum
and Investigation shall allow the admission of evidence subject to the
objection interposed against its admission.
Section 31.
Markings. – All documentary evidence or exhibits shall be
properly
marked by letters (A, B, C, etc.) if presented by the respondent. These
shall form part of the complete records of the case.
Section 32.
Request for Subpoena. – If a party desires the attendance of a
witness
or the production of documents of things, he/she shall make a request
for
the issuance of the necessary subpoena, at least three (3) days before
the scheduled hearing.
Section 33.
Issuance of Subpoena. – The Committee on Decorum and
Investigation
may issue subpoena ad testificandum to compel the attendance
of
witnesses and subpoena duces tecum for the production of
documents
or objects.
Section 34.
Records of Proceedings. – The proceedings of the formal
investigation
must be recorded either through shorthand or stenotype or by any other
method.
Section 35.
Effect of the Pendency of an Administrative Case. – The
pendency
of any administrative case shall not disqualify the respondent for
promotion
or from claming maternity/paternity benefits. For this purpose,
an
administrative case shall be construed as pending when the disciplining
authority has issued a formal charge.
Section 36.
Formal Investigation Report. – Within fifteen (15) days after
the
conclusion of the formal investigation, a report containing a narration
of the material facts established during the investigation, the
findings
and the evidence supporting said findings, as well as the
recommendations,
shall be submitted by the Committee on Decorum and Investigation to the
disciplining authority. The complete records of the case shall be
attached
to the Report of Investigation.
The complete
records shall be systematically and chronologically arranged, paged,
and
securely bound to prevent loss. A table of contents shall be prepared.
Whoever is in-charge of the transmittal of the complete records shall
be
held responsible for any loss or suppression of pages thereof.
Section 37.
When Case is Decided. – The disciplining authority shall render
his decision on the case within thirty (30) days from receipt of the
Report
on Investigation.
Section 38.
Finality of Decisions. – A decision rendered by heads of
agencies
where a penalty of suspension for not more than thirty (30) days or a
fine
in an amount not exceeding thirty (30) days salary is imposed, shall be
final and executory. However, if the penalty imposed is suspension
exceeding
thirty (30) days or a fine exceeding thirty (30) days salary, the same
shall be final and executory after the lapse of the reglementary period
for filing a motion for reconsideration or an appeal and no such
pleading
has been filed.
RULE IX.REMEDIES
AFTER A DECISION
Section 39.
Filing of Motion for Reconsideration. – The party adversely
affected
by the decision may file a motion for reconsideration with the
disciplining
authority who rendered the decision within fifteen (15) days from
receipt
thereof.
Section 40.
When Deemed Filed. – A motion for reconsideration shall be
deemed
filed on the date stamped on the official copy by the proper receiving
authority, and in case it was sent by mail, on the date shown by the
postmark
on the envelope which shall be attached to the records of the case.
Section 41.
Grounds for Motion for Reconsideration. – The motion for
reconsideration
shall be based on any of the following:chanroblesvirtuallawlibrary
a. New
evidence
has been discovered which materially affects the decision rendered; or
b. The
decision
is not supported by the evidence on record; or
c. Errors
of
law irregularities have been committed prejudicial to the interest of
the
movant.
Section 42. Limitation.
– Only one motion for reconsideration shall be entertained.
Section 43.
Effect of Filing. – The filing of a motion for reconsideration
within
the reglementary period of fifteen (15) days shall stay the execution
of
the decision sought to be reconsidered.
Section 44.
Filing of Appeals. – Decisions of heads of departments,
agencies,
provinces, cities, municipalities and other instrumentalities imposing
a penalty exceeding thirty (30) days suspension or fine in an amount
exceeding
thirty (30) days salary, may be appealed to the Commission Proper
within
a period of fifteen (15) days from receipt thereof.
In case the
decision rendered by a bureau or office head is appealable to the
Commission,
the same may be initially appealed to the department head and finally
to
the Commission Proper. Pending appeal, the same shall be executory
except
where the penalty is removal, in which case the same shall be executory
only after confirmation by the Secretary concerned.
A notice of
appeal including the appeal memorandum shall be filed with the
appellate
authority, copy furnished the disciplining office. The latter shall
submit
the records of the case, which shall be systematically and
chronologically
arranged, paged and securely bound to prevent loss with its comment,
within
fifteen (15) days, to the appellate authority.
Section 45.
When Deemed Filed. – An appeal sent by mail shall be deemed
filed
on the date shown by the postmark on the envelope which shall be
attached
to the records of the case and in the case of personal delivery, the
date
stamped thereon by the proper office.
Section 46.
Appeal Fee. – The appellant shall pay an appeal fee of Three
Hundred
Pesos (P300.00) and a copy of the receipt thereof shall be attached to
the appeal.
Section 47.
Perfection of an Appeal. – To perfect an appeal, the appellant
shall
within fifteen (15) days from receipt of the decision submit the
following:chanroblesvirtuallawlibrary
a. Notice of
appeal which shall specifically state the date of the decision appealed
from and the date of receipt thereof;
b. Three
(3)
copies of appeal containing the grounds relied upon for the appeal,
together
with the certified true copy of the decision, resolution or order
appealed
from, and certified copies of the documents or evidence;
c. Proof
of
service of a copy of the appeal memorandum to the disciplining office;
d. Proof
of
payment of the appeal fee; and
e. A
statement
or certification of non-forum shopping.
Failure to comply
with any of the above requirements within the reglementary period shall
be construed as failure to perfect an appeal and shall cause its
dismissal.
Section 48.
Effect of Filing. – An appeal shall not stop the decision from
being
executory, and in case the penalty is suspension or removal, the
respondent
shall considered as having been under preventive suspension during the
pendency of the appeal, in the event he wins the appeal.
Section 49.
When Case is Remanded for Violation of Respondent’s Right to Due
Process.
– If the case on appeal with the Commission Proper is remanded to
the
proper disciplining authority for further investigation, the said
disciplining
authority through the Committee on Decorum and Investigation shall
finish
the investigation within three (3) calendar months from the date of
receipt
of the records from the Commission, unless the investigation is delayed
due to the fault, negligence or petition of the person complained of,
or
an extension is granted by the Commission Proper in meritorious cases.
The period of delay shall not be included in the computation of the
prescribed
period.
Within fifteen
(15) days from the submission of the investigation report to the
disciplining
authority, it shall render its decision. If, at the end of said period,
the disciplining authority fails to decide the case, the Commission
Proper
shall vacate and set aside the appealed decision and declare the person
complained of exonerated of the charge. If the person complained of is
under preventive suspension, he shall be immediately reinstated.
The Civil Service
Regional Office or the Office for Legal Affairs of the Civil Service
Commission
shall evaluate requests for the extension of formal investigations and
grant the same on meritorious grounds. In disposing the requests,
said office shall be guided by the principles of justice and fair play,
provided, that the extension shall not be for more than twenty (20)
days.
For this purpose,
the Regional Director shall monitor the implementation of the CSC
Resolution
remanding the case to the proper disciplining authority for further
investigation
and submit a report to the Commission Proper.
Section 50.
Petition for Review. - A complainant may elevate the decision
of
the disciplining authority dismissing a complaint for lack of a prima
facie case before the Commission Proper through a Petition for
Review
within fifteen (15) days from the receipt of said decision.
Section 51.
Petition for Review with the Court of Appeals. – A party may
elevate
a decision of the Commission before the Court of Appeals by way of
Petition
for Review under Rule 43 of the 1997
Revised Rules of Court.
Section 52.
Petition for Certiorari. – When the disciplining authority has
acted
without or in excess of jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction and there is no appeal, nor
any plain, speedy and adequate remedy in the ordinary course of law, a
person aggrieved thereby may file a verified petition for certiorari in
the proper court under Rule 65 of the Rules
of Court.
RULE X.CLASSIFICATION
OF ACTS OF SEXUAL HARASSMENT
Section 53.
Sexual harassment is classified as grave, less grave and light
offenses.
A. Grave
Offenses
shall include, but are not limited to:chanroblesvirtuallawlibrary
1. unwanted
touching of private parts of the body (genitalia, buttocks and breast);
2.
sexual assault;
3.
malicious
touching;
4.
requesting
for sexual favor in exchange for employment, promotion, local or
foreign
travels, favorable working conditions or assignments, a passing grade,
the granting of honors or scholarship, or the grant of benefits or
payment
of a stipend or allowance, and
5. other
analogous
cases.
B. Less Grave
Offenses
shall include, but are not limited to:chanroblesvirtuallawlibrary
1. unwanted
touching or brushing against a victim’s body;
2.
pinching
not falling under grave offenses;
3.
derogatory
or degrading remarks or innuendoes directed toward the members of one
sex,
or one’s sexual orientation or used to describe a person;
4.
verbal abuse
with sexual overtones; and
5. other
analogous
cases.
C. The
following
shall be considered Light Offenses;
1.
surreptitiously
looking or staring a look of a person’s private part or worn
undergarments;
2.
telling sexist/smutty
jokes or sending these through text, electronic mail or other similar
means,
causing embarrassment or offense and carried out after the offender has
been advised that they are offensive or embarrassing or, even without
such
advise, when they are by their nature clearly embarrassing, offensive
or
vulgar;
3.
malicious
leering or ogling;
4. the
display
of sexually offensive pictures, materials or graffiti;
5.
unwelcome
inquiries or comments about a person’s sex life;
6.
unwelcome
sexual flirtation, advances, propositions;
7.
making offensive
hand or body gestures at an employee;
8.
persistent
unwanted attention with sexual overtones;
9.
unwelcome
phone calls with sexual overtones causing discomfort, embarrassment,
offense
or insult to the receiver; and
10.
other analogous
cases.
RULE XI.ADMINISTRATIVE
LIABILITIES
Section 54.
The head of office who fails to act within fifteen (15) days from
receipt
of any complaint for sexual harassment properly filed against any
employee
in that office shall be charged with Neglect of Duty.
Section 55.
Any person who is found guilty of sexual harassment shall, after the
investigation,
be meted the penalty corresponding to the gravity and seriousness of
the
offense.
Section 56.
The penalties for light, less grave, and grave offenses are as follows:chanroblesvirtuallawlibrary
A. For light
offenses:chanroblesvirtuallawlibrary
1st offense
– Reprimand
2nd offense
– Fine or suspension not exceeding thirty (30) days
3rd offense
– Dismissal
B. For less
grave
offenses:chanroblesvirtuallawlibrary
1st offense
– Fine or suspension of not less than thirty (30) days and not
exceeding
six (6) months
2nd offense
– Dismissal
C. For grave
offenses:
Dismissal
Section 57. If
the respondent is found guilty of two or more charges or counts, the
penalty
to be imposed should be that corresponding to the most serious charge
or
count and the rest shall be considered as aggravating circumstances.
RULE
XII.DUTY OF
THE AGENCIES OF THE GOVERNMENT
Section 58.
All national and local government agencies, state colleges and
universities,
including government-owned or controlled corporations with original
charter,
shall promulgate or modify their own rules and regulations in
conformity
with these Rules, in consultation with their employees, within six (6)
months from the effectivity of this Resolution.
Section 59.
All agencies of the government shall submit an authenticated copy of
their
rules and regulations on sexual harassment to the Commission for
approval
within one (1) month from the date of their promulgation. They shall
likewise
submit to the Commission a list of the members of their Committee on
Decorum
and investigation immediately after its composition.
Section 60.
All agencies of the government shall develop an education and training
program for their officials and employees and the members of their
Committee
on Decorum and Investigation to increase understanding about sexual
harassment,
prevent its occurrence, and ensure proper investigation, prosecution
and
resolution of sexual harassment cases.
Section 61.
The head of office who after six (6) months from the effectivity of
this
Resolution, fails to cause the promulgation or modification of the
agency’s
rules and regulations on sexual harassment in conformity with these
Rules,
shall be charged with Neglect of Duty.
RULE
XIII.DUTY OF
THE COMMISSION
Section 62.
The Commission, through its Field Offices, shall monitor the
implementation
of the directive to all government agencies to promulgate or modify, as
the case may be, their rules and regulations on sexual harassment, as
well
as the conduct of the training programs as provided in Sections 59 and
60.
Section 63.
In case a complaint alleging acts constituting sexual harassment as
defined
herein is filed with the Commission, the same shall be remanded to the
agency where the alleged offender is employed for appropriate action in
accordance with their own rules and regulations on sexual harassment.
Section 64.
The Civil Service Commission shall render technical assistance to
agencies
in the formulation of their rules and regulations on sexual harassment
and the development and implementation of an intervention and
prevention
program on sexual harassment.
RULE
XIV.CASES
DURING
THE INTERVENING PERIOD
Section 65.
During the period when the agency is still in the process of
promulgating
or modifying its own rules and regulations on sexual harassment, a
complaint
alleging acts constituting sexual harassment shall be administratively
prosecuted, resolved and adjudicated based on these Rules.
RULE XV.FORUM
SHOPPING
Section 66.
Under the same set of ultimate facts, the filing of a complaint based
on
an agency’s rules and regulations on sexual harassment shall preclude
the
filing of another administrative complaint under any other law.
RULE
XVI.REPEALING
CLAUSE
Section 67.
Rules and regulations and other issuances or parts thereof inconsistent
with the provisions of these Rules are hereby repealed or modified
accordingly.
RULE
XVII.EFFECTIVITY
CLAUSE
Section 68.
These Rules shall take effect fifteen (15) days after its publication
in
a newspaper of general circulation.
Quezon City,
May 21, 2001.
(Sgd.)
KARINA CONSTATINO-DAVIDChairman(Sgd.)
JOSE F. ERESTAIN, JR.Commissioner(Sgd.)
J. VLADEMAR V. VALMORESCommissionerAttested
by:chanroblesvirtuallawlibrary(Sgd.)
ARIEL G. RONQUILLODirector
III
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