Question & AnswerQ&A (PNP MEMORANDUM CIRCULAR NO. 2010-001)
It applies to all personnel of the Philippine National Police holding any level of positions, including Presidential appointees regardless of status.
Sexual harassment is an act or series of acts involving any unwelcome sexual advances, requests or demands for sexual favors, or other verbal or physical behavior of a sexual nature committed by PNP personnel having authority, influence, or moral ascendancy over another in a work-related, training, or education environment.
The forms of sexual harassment include physical acts (such as malicious touching), verbal acts (such as offensive remarks or requests for sexual favors), use of objects or electronic images with sexual underpinnings, and other analogous behaviors.
Any PNP personnel regardless of gender who directly participates, induces, directs, or cooperates in the commission of sexual harassment is liable.
CODI receives complaints, investigates harassment cases, submits investigation reports and recommendations, conducts awareness discussions, information campaigns, and helps create an environment free from sexual harassment within the PNP.
The complainant may approach an immediate supervisor or the Women and Children Protection Center (WCPC) for assistance, or directly approach the CODI for advice and help before filing a formal complaint.
The complaint must be in writing, sworn to by the complainant, containing the full names and addresses of parties involved, a brief narrative of facts, evidence, and certification of non-forum shopping.
Light offenses: reprimand (1st), fine or suspension up to 30 days (2nd), dismissal (3rd). Less grave offenses: fine or suspension 30 days to 6 months (1st), dismissal (2nd). Grave offenses: dismissal for the first offense.
The disciplinary authority may impose preventive suspension during formal investigation if there is reason to believe the respondent is probably guilty and to prevent intimidation or tampering with evidence, for a maximum of 90 days.
The aggrieved party may file a motion for reconsideration within 15 days from receipt, and if necessary, appeal to the Civil Service Commission; further review may be sought through Petition for Review with the Court of Appeals or Petition for Certiorari to the proper court.