WHAT IS SEXUAL HARASSMENT?
It 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.
2 WHAT IS THE POLICY OF THE STATE ON SEXUAL HARASSMENT?
Sexual harassment, which has been declared unlawful in the workplace, training and
education environments, will not be tolerated as it violates the dignity and human rights of
a person.
3 WHAT IS THE PRESENT LAW ON SEXUAL HARASSMENT?
R.A. 7877, an “Act Declaring Sexual Harassment Unlawful in the Employment, Education
or Training Environment, and for other purposes” was approved on February 14, 1995
and became effective on March 5, 1995, fifteen (15) days after its publication in the
Malaya and Times Journal on February 18, It is known as “The Anti-Sexual Harassment
Act of 1995”.
4 WHAT IS CIVIL SERVICE COMMISSION (CSC) RESOLUTION NO. 01-0940?
It is known as the Administrative Disciplinary Rules on Sexual Harassment [Link]
IS THE EFFECT OF CSC RESOLUTION NO TO PRIOR ISSUANCES OF THE CSC
AND THE DEPARTMENT OF LABOR AND EMPLOYMENT?It supersedes or repeals
prior CSC issuances such as MC No. 19, s and CSC Res DOLE Administrative Order
No. 250, s has to be amended accordingly or replaced altogether, in consonance with the
changes made in the new CSC Rules on Sexual Harassment.
5 WHERE CAN SEXUAL HARASSMENT BE COMMITTED UNDER THE
PROVISIONS OF CSC RESOLUTION NO. 01-0940?
Sexual harassment may take place:in the premises of the workplace or office or of the
school or training institution;in any place where the parties were found, as a result of
work or education or training responsibilities or relations;at work or education- or training-
related social functions;while on official business outside the office or school or training
institution or during work or school or training-related travel;at official conferences, fora,
symposia or training sessions; orby telephone, cellular phone, fax machine or electronic
mail.
6 WHEN IS SEXUAL HARASSMENT COMMITTED IN THE EMPLOYMENT OR
WORK-RELATED ENVIRONMENT?
Work-related sexual harassment is committed when:the submission to or rejection of the
act or series of acts is used as basis for any employment decision (including but not
limited to, matters related to hiring, promotion, raises in salary, job security, benefits and
any other personnel action) affecting the applicant/employee; orthe 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; orthe 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 ward of
the person complained of.
7 WHEN IS SEXUAL HARASSMENT COMMITTED IN AN EDUCATION OR TRAINING
ENVIRONMENT?
Education or training related sexual harassment is committed when:the submission to or
rejection of the act or series of acts is used 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; orthe 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; orthe act or series of acts might reasonably be 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.
8 WHEN IS A GOVERNMENT OFFICIAL/EMPLOYEE LIABLE FOR SEXUAL
HARASSMENT?
A government official or employee, regardless of sex, is liable for sexual harassment
when he/she:directly participates in the execution of any act of sexual harassment as
defined by the Administrative Disciplinary Rules on Sexual Harassment Cases;induces or
directs another or others to commit sexual harassment as defined by these
Rules;cooperates in the commission of sexual harassment by another through an act
without which the sexual harassment would not have been accomplished; orcooperates
in the commission of sexual harassment by another through previous or simultaneous
acts.
9 WHAT ARE THE FORMS OF SEXUAL HARASSMENT?
1. Physicala. Malicious touchingb. Overt sexual advancesc. Gestures with lewd
insinuation2. Verbal, such as but not limited to, requests or demands for sexual favors,
and luring remarks;3. Use of objects, pictures or graphics, letters or written notes with
sexual underpinnings; or4. Other forms analogous to the foregoing.
10 WHAT ARE THE FUNCTIONS OF THE COMMITTEE ON DECORUM AND
INVESTIGATION (CODI) IN SEXUAL HARASSMENT CASES?The CODI shall:Receive
complaints of sexual harassment;Investigate sexual harassment complaints in
accordance with the prescribed procedure;Submit a report of its findings with the
corresponding recommendation to the disciplining authority for decision; andLead in the
conduct of discussions about sexual harassment within the agency or institution to
increase understanding and prevent incidents of sexual harassment.
11 WHAT IS THE COMPOSITION OF THE CODI?
At least one (1) representative each from:In a work-related environment:the
managementthe accredited union (if any)the first level employeesiv. the second level
employees2. In an educational/training institution:the administratorthe trainers, teachers,
instructors, professors or coachesthe students or traineesThe term of office of the
members of the CODI shall not be more than two (2) years.
12 AT THE PRE-FILING STAGE, WHAT ASSISTANCE CAN THE AGENCY PROVIDE
TO AN ALLEGED VICTIM OF SEXUAL HARASSMENT?The agency may adopt
mechanism to provide assistance to an alleged victim of sexual harassment which may
include:counseling;referral to an agency offering professional help; andadvice or options
available before the filing of the complaint.
13 WHAT ARE THE STANDARD PROCEDURAL REQUIREMENTS IN HANDLING A
SEXUAL HARASSMENT CASE?
1. When can a complaint for sexual harassment be filed? Anytime.2. With whom can a
complaint file a complaint for sexual harassment be filed? With the disciplining authority
of the office/ agency; or with the Committee on Decorum and Investigation (CODI).Upon
receipt of the complaint, the disciplining authority of the office/agency shall transmit the
same to the CODI, if there is any. In the absence of a CODI, the head of office/agency
shall cause the creation of a CODI in accordance with the law and rules and transmit the
complaint to said Committee.
14 3. WHAT ARE THE REQUIREMENTS FOR A COMPLAINT
[Link] ARE THE REQUIREMENTS FOR A COMPLAINT? It must be in writing, signed
and sworn to by the complainant, and contains the following: Full name and address of
the complainant; Full name, address, and position of the respondent; A brief statement of
the relevant facts; Residence, in support of the complaint, if any; and 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.4. ARE COMPLAINTS SENT
THRU TELEGRAM, RADIOGRAM, ELECTRONIC MAIL OR SIMILAR MEANS
CONSIDERED AS FILED? YES, if the requirements provided in Section 12 (b) of
Resolution No are complied with. In the absence of the said requirements, the complaint
is considered non-filed. Complainant has to be notified to comply within ten (10) days
from receipt of the notice for compliance.5. SHALL THE WITHDRAWAL OF THE
COMPLAINT AT ANY STAGE OF THE PROCEEDINGS PRECLUDE THE CODI FROM
PROCEEDING WITH THE INVESTIGATION? When 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, the CODI can proceed with the investigation.
15 WHAT WILL BE THE ACTION OF THE CODI ON THE COMPLAINT?
COUNTER-AFFIDAVIT/COMMENT OF PERSON COMPLAINED OF - Upon receipt of a
complaint that is sufficient in form and substance, the CODI 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 to the complainant; otherwise, the Counter-
Affidavit/ Comment shall be considered as not [Link] INVESTIGATION -
The CODI shall conduct a preliminary investigation which shall involve 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-
affidavitsFORMAL CHARGE - Upon receipt of the counter-affidavit/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. Strict confidentiality of the
proceedings during preliminary investigation by the CODI shall be exercised.
16 WHAT SHALL BE THE DURATION OF THE PRELIMINARY INVESTIGATION?
The preliminary investigation shall commence not later than five (5) days from receipt of
the complaint by the CODI. It shall be terminated within fifteen (15) working days
[Link] WILL THE CODI SUBMIT ITS INVESTIGATION REPORT ON THE
PRELIMINARY INVESTIGATION?The CODI shall submit the Investigation Report and
the complete records of the case to the disciplining authority within five (5) working days
from the termination of the preliminary [Link] WILL BE THE ACTION OF
THE DISCIPLINING AUTHORITY AFTER PRELIMINARY INVESTIGATION?Within three
(3) working days from receipt of the investigation report, the disciplining authority shall
issue a formal charge if a prima facie case is established during the investigation. If a
prima facie case is not established during the investigation, the complaint shall be
dismissed within three (3) working days from receipt of the investigation report.
17 WHAT ARE THE CONTENTS OF THE FORMAL CHARGE?
A specification of the charge/s;A brief statement of material or relevant facts;Certified true
copies of the documentary evidence, if any;Sworn statement covering the testimony of
witness/es;A directive to answer the charge/s in writing under oath in not less than
seventy-two (72) 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 charges; andA
notice that he/she is entitled to be assisted by a counsel of his/her choice.
18 CAN THE RESPONDENT SUBMIT ADDITIONAL EVIDENCE/S AFTER THE
PRELIMINARY INVESTIGATION?
Yes, even if he has already submitted his/her comment/s and counter affidavits during
the preliminary [Link] WILL BE THE CONTENT OF THE ANSWER OF
THE RESPONDENT?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/s, sworn statements covering testimonies of witnesses, if any, in
support of respondent's case. It shall also include a statement indicating whether he/she
elects a formal investigation. The answer must be filed within seventy-two (72) hours
from receipt [Link] WILL BE THE EFFECT IF RESPONDENT FAILS OR
REFUSES TO ANSWER WITHIN THE 72 HOURS REQUIREMENT?It shall be
considered a waiver of respondent’s right to answer and a formal investigation may
commence.
19 WHEN CAN PREVENTIVE SUSPENSION BE APPLIED?
Preventive suspension CAN BE APPLIED UPON PETITION OF THE COMPLAINANT
OR MOTU PROPIO UPON THE RECOMMENDATION OF THE CODI AFTER THE
SERVICE OF THE FORMAL CHARGE to the respondent. The proper disciplining
authority may order the preventive suspension during the formal investigation, if there are
reasons to believe that the person complained of is probably guilty of the charges which
would warrant his/her removal from the [Link] IS THE PURPOSE OF THE
PREVENTIVE SUSPENSION?An order of preventive suspension may be issued to
temporarily remove the respondent from the scene of his/her malfeasance or
misfeasance and to preclude the possibility of his/her exerting undue influence or
pressure on the witnesses against his/her tampering of documentary evidence on file
with this [Link] LONG IS THE PERIOD OF PREVENTIVE SUSPENSION?
Preventive suspension for an administrative case shall not be more than ninety (90) days
unless otherwise provided by a special law.
20 WHEN CAN A FORMAL INVESTIGATION BE CONDUCTED? BY WHOM?
If the CODI deems that a formal investigation is necessary to decide the case judiciously,
it shall conduct an investigation not earlier than five (5) days nor later than ten (10) days
from receipt of the respondent’s answer. It shall be finished within thirty (30) days from
the issuance of the formal charge or the receipt of the answer unless the disciplining
authority extends the [Link] IS THE PRE-HEARING CONFERENCE?The pre-
hearing conference may be conducted by the CODI at the commencement of the formal
investigation to agree on matter/s that would expedite the hearing. The hearing proper
and the order of presentation of evidence/s is governed by Sections 26 to 35 of the
Administrative Disciplinary Rules on Sexual Harassment Cases of the CSC.
21 WHEN IS THE FORMAL INVESTIGATION REPORT SUBMITTED? TO WHOM?
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 CODI to the disciplining authority together with the complete
records of the case. Within thirty (30) days from receipt of the investigation report, the
disciplining authority shall render his/her decision on the [Link] IS A DECISION
ON A SEXUAL HARASSMENT CASE BY THE DISCIPLINING AUTHORITY FINAL AND
EXECUTORY?The decision of the disciplining authority is final and executory when the
penalty of suspension is not more than thirty (30) days or a fine of not more than the
equivalent of thirty (30) days salary is imposed. (1 MONTH SUSPENSION)
22 WHAT ARE THE REMEDIES AFTER A DECISION?
Motion for reconsideration by the adverse party .Appeal to the Civil Service Commission
(CSC) if penalty imposed exceeds thirty (30) days suspension or fine exceeding the
equivalent of thirty (30) days salary. The appeal may be initially appealed to the
department head (for decisions rendered by the bureau or office head that are
appealable to the CSC) .Petition for review with the CSC by a complainant for a decision
of a disciplining authority dismissing a complaint for lack of prima facie case .Petition for
review with the Court of Appeals on a decision made by the CSC .Petition for certiorari in
the proper court by the aggrieved party.
23 WHAT IS THE CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT?
Sexual Harassment is classified as:Grave Offensesunwanted touching of private parts of
the body (genitalia, buttocks, and breast);sexual assault;malicious touching;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; andother
analogous cases.
24 2. Less Grave Offensesunwanted touching or brushing against a victim’s
body;pinching not falling under grave offenses;derogatory or degrading remarks or
innuendoes directed toward the members of one sex or one’s sexual orientation or used
to describe a person;verbal abuse or threats with sexual overtones; andother analogous
cases.
25 3. Light Offensessurreptitiously looking or stealing a look at a person’s private part or
worn undergarments;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;malicious
leering or ogling;the display of sexually offensive pictures, materials or graffiti;unwelcome
inquiries or comments about a person’s sex life;unwelcome sexual flirtation, advances,
propositions;making offensive hand or body gestures at an employee;persistent
unwanted attention with sexual overtones;unwelcome phone calls with sexual overtones
causing discomfort, embarrassment, offense or insult to the receiver; andother analogous
cases.
26 The head of the agency who fails to act on the complaint 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 [Link] person found guilty of sexual
harassment shall, after the investigation, be meted the penalty corresponding to the
gravity of the offense
27 WHAT ARE THE PENALTIES FOR OFFENSES OF SEXUAL HARASSMENT?
1. Grave offenses - Dismissal2. Less grave offenses1st offense - Fine or suspension for
more than thirty (30) days but not exceeding six (6) months2nd offense - Dismissal3.
Light offenses1st offense - Reprimand2nd offense - Fine or suspension not exceeding
thirty (30) days3rd offense - Dismissal
