Question & AnswerQ&A (CSC MEMORANDUM CIRCULAR NO. 30)
Republic Act 7877 declares sexual harassment unlawful in the employment, education, or training environment and provides for the prevention, investigation, and administrative sanctions for such acts.
The Civil Service Commission (CSC) has exclusive jurisdiction over sexual harassment cases involving its officials and employees, and its decisions are final and appealable only to the Court of Appeals.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical behavior of a sexual nature that causes discrimination, discomfort, offense, or humiliation, or is used as a condition of employment or basis for employment decisions, or creates a hostile work environment.
Acts include demands for sexual favors as conditions for employment or benefits, harassment against trainees, actions that limit or discriminate employees due to refusal of sexual favors, and behavior creating intimidating or hostile environments, occurring in offices, work-related functions, or through communication devices.
Forms include physical acts such as malicious touching and overt advances, verbal requests or demands for sexual favors, and the use of objects, pictures, or written notes with sexual content that create a hostile or offensive environment.
Any official or employee regardless of sex with authority, influence, or moral ascendancy, or who directs, induces, or cooperates in acts of sexual harassment in the Commission can be held liable.
The Committee receives complaints, investigates sexual harassment cases, conducts hearings, recommends actions, promotes awareness, and recommends measures to expedite case adjudication.
Complaints must be under oath with supporting affidavits. A preliminary investigation is conducted with affidavits and clarificatory questions. If a prima facie case exists, a formal charge is filed, followed by formal investigation and hearings within specific time frames.
Penalties vary by gravity: light offenses may result in reprimand, fines, or suspension; less grave offenses may involve demotion, fines, or longer suspensions; grave offenses may lead to demotion, heavy fines, suspension for one year, or dismissal.
Complaints must be filed within three (3) years from the commission of the sexual harassment act, or else the complaint is deemed prescribed and cannot be pursued.