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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.
(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.
(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.
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.
ii. Overt sexual advances;
iii. Gestures with lewd insinuation.
(c) Use of objects, pictures or graphics, letters or writing notes with sexual underpinnings;
(d) Other forms analogous to the forgoing.
(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.
(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;
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.
Section 12. Complaint.
(b) The
complaint
must be in writing, signed and sworn to by the complainant. It shall
contain
the following:
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.
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 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:
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.
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:
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.
b. Cross-examination by the opponent;
c. Re-direct examination by the opponent;
d. Re-cross examination by the opponent.
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.
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:
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 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:
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.
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.
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.
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.
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.
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:
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.
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.
Quezon City,
May 21, 2001.
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