QuestionsQuestions (CSC MEMORANDUM CIRCULAR NO. 30)
R.A. 7877 was approved on February 14, 1995 and took effect on March 5, 1995, i.e., fifteen (15) days after complete publication on February 18, 1995 in two national newspapers.
All officials and employees in the Commission, including the Career Executive Service Board (CESB), regional and field offices, whether in career or non-career service, and holding positions under permanent or temporary status.
The CSC, as the disciplining authority over its officials and employees, has exclusive jurisdiction over acts/omissions constituting sexual harassment. Its decision is final and appealable only to the Court of Appeals.
It must be an act or series of unwelcome sexual advances/requests or other verbal or physical behavior of a sexual nature, made directly/indirectly/impliedly, under circumstances such as: (1) it reasonably may cause discrimination/insecurity/discomfort/offense/humiliation; (2) submission is a condition of employment; (3) submission/rejection affects employment decisions; or (4) it interferes with work performance or creates an intimidating/hostile/offensive work environment.
In the office; anywhere else as a result of work responsibilities or employment relations; at office-related social functions; while on official business outside the office or during work-related travel; at official conferences/fora/symposia or training sessions; and via telephone/cellular phone/fax/email.
Quid pro quo involves sexual harassment where submission/rejection is made a condition of employment or used as basis for employment decisions (including promotions, salary increases, benefits, job security). Hostile work environment involves behavior that interferes with work performance or creates intimidating, hostile, or offensive environment.
Physical (e.g., physical contact/malicious touching, overt sexual advances, unwelcome improper or unnecessary gestures of a sexual nature, lewd insinuations), verbal (requests/demands for sexual favors or lurid remarks), and use of objects/pictures/letters/written notes with sexual underpinnings creating a hostile/offensive/intimidating work or training environment.
Any official having authority, influence, or moral ascendancy over another person; and any official or employee, regardless of sex, shall similarly be held liable when they direct/induce another (principal by induction) or cooperate indispensably without which the harassment would not have been committed (principal by indispensable cooperation).
Prevent/deter acts through awareness campaigns and education/research; implement procedures for resolution/prosecution/adjudication; create a Committee on Decorum and Investigation; furnish copies of the rules to officers/employees and post copies in conspicuous workplace locations.
Receive complaints, file formal charges, investigate and conduct hearings consistent with CSC Uniform Rules; submit a confidential report with findings/recommendation; conduct meetings to increase understanding and prevent incidents; recommend measures to expedite investigation/adjudication. Local committees investigate and submit directly to CSC.
The member must inhibit himself/herself from deliberations of the committee.
Central: Chairman (Director appointed for 1 year), CSC Focal Point on Women and Development, President CSC Employee Association (or a representative elected), and employees in Second and First Levels. Local: Regional Director as Chairman, EQUAD, representative of Employee Association, and employees in Second and First Levels.
The complaint must be under oath and supported by the Affidavit of the offended party. No action on anonymous complaints, and no civil servant is required to answer/comment on an anonymous complaint.
Upon receipt of a sufficient complaint, the head of office must transmit it to the Committee on Decorum and Investigation within five (5) days.
The Committee conducts preliminary investigation where parties submit affidavits/counter-affidavits and witnesses’ affidavits. Failure of respondent to submit counter-affidavit is waiver. Parties/witnesses must affirm signatures and truthfulness; no cross-examination is allowed, but the hearing officer may ask clarificatory questions. Failure to affirm renders affidavits without evidentiary value. The hearing officer records clarificatory questions and answers in handwritten records.
Preliminary investigation starts not later than five (5) days from receipt by the Central/Local Committee and ends not later than ten (10) days thereafter. The report and complete records must be submitted within five (5) days from termination of the preliminary investigation.
Respondent has at least seventy-two (72) hours from receipt of the formal charge to submit an answer under oath, with affidavits of witnesses and other evidence. Respondent must be informed of the right to assistance of counsel of his/her choice.
Formal investigation is held after answer filed or period to file answer has expired, and completed within thirty (30) days from service of formal charge unless extended by the Commission in meritorious cases. Even if respondent did not elect formal investigation, it shall still be conducted if the case cannot be judiciously resolved without it. If respondent fails/refuses to file answer, the right is deemed waived and formal investigation may commence.
Postponements are not allowed except in meritorious cases, and no party may be granted more than two (2) postponements. Notice of at least five (5) days is required for the first scheduled hearing; afterward, schedules must be strictly followed without further notice. If respondent fails/refuses to appear, the investigation proceeds ex parte and respondent is deemed to waive the right to be present and submit evidence in his/her favor.
Three (3) years from the commission of the violation, otherwise the action is deemed prescribed.