QuestionsQuestions (PNP MEMORANDUM CIRCULAR NO. 2010-001)
It provides the revised implementing rules and regulations for the PNP, based on RA 7877 (Anti-Sexual Harassment Act), and CSC Resolution No. 01-0940 (Re-Administrative Disciplinary Rules on Sexual Harassment Cases), with the objective of institutionalizing procedures and facilitating the filing of appropriate administrative charges against PNP personnel found to have committed sexual harassment.
It applies to all PNP personnel holding any level of position, including Presidential appointees regardless of status, including both uniformed and non-uniformed personnel.
It is an act or series of acts involving unwelcome sexual advances, requests, demands for sexual favor, or other verbal/physical behavior of a sexual nature, committed by PNP personnel who have authority, influence, or moral ascendancy over another, in a work-related, training, or education environment—regardless of whether the demand is accepted.
(1) When submission to or rejection of the act is used as a basis for employment decisions; (2) when the act interferes with work performance or creates an intimidating/hostile/offensive work environment; or (3) when it may reasonably be expected to cause discrimination, insecurity, discomfort, offense, or humiliation to the complainant (co-employee, applicant, recruit, student, customer, or ward).
It may occur within workplace/office or school/training premises; in any place where parties are found due to work or training responsibilities; at work/education/training social functions; during official business or work/training-related travel; at official conferences/symposia/training sessions; and through telephone/cellphone/fax/text/SMS/email.
Physical (e.g., malicious touching, overt sexual advances, lewd gestures), verbal (requests/demands for sexual favors and offensive sexual remarks), use of objects/visuals/electronic materials with sexual underpinnings, and other analogous acts.
Any PNP personnel who directly participates; induces or directs another to commit it; cooperates through acts without which it would not have been accomplished; or cooperates through previous or simultaneous acts.
CODI receives complaints, investigates according to procedure, submits findings and recommendations to the disciplining authority, conducts awareness/information drives, and helps create an environment free of sexual harassment stresses. It is composed as described by level (national, directorial staff, national support units, regional, NCR district, city/provincial), with at least two female members where applicable, and it includes a Secretariat and relevant offices (including legal service and WCPD/WCCD components).
The member must be disqualified and must inhibit themselves from being part of the committee handling the case.
The harasser shall be immediately transferred to another office where they cannot further intimidate the complainant, unless the complainant requests a different transfer arrangement.
(1) Approach the immediate supervisor/Head of Office or go directly to the Women and Children Protection Center (WCPC) and WCPDs for assistance (counseling/referral/advice); or (2) go directly to CODI for advice and assistance before filing the formal complaint.
The complaint must be in writing, signed and sworn to by the complainant, and must contain: complainant’s full name and address; respondent’s full name, address, and position; a brief statement of relevant facts; evidence if any; and a certification of non-forum shopping.
It shall be dismissed without prejudice to its refiling.
It must be submitted under oath within three (3) days from receipt of the notice; otherwise it is considered as not filed.
Preliminary investigation starts no later than five (5) days from receipt and is terminated within fifteen (15) working days thereafter. The CODI must submit the investigation report within five (5) working days from termination. If prima facie case exists, the disciplining authority issues formal charge within three (3) working days from receipt of the report; if none, the complaint is dismissed within the same period.
A prima facie case is an initial showing that the allegations, supported by submitted documents/affidavits, warrant proceeding to formal charges. If established, the disciplinary authority issues a formal charge; if absent, the complaint is dismissed.
It may be ordered upon petition of the complainant or motu proprio on CODI recommendation, any time after service of the formal charge, if there are reasons to believe the respondent is probably guilty and removal is warranted to prevent undue influence/witness tampering. If not finally decided within ninety (90) days after preventive suspension (unless delay is due to respondent’s fault/negligence/petition), the respondent is automatically reinstated.
Grave: dismissal. Less grave: 1st offense—fine or suspension not less than 30 days and not exceeding 6 months; 2nd offense—dismissal. Light: 1st offense—reprimand; 2nd offense—fine or suspension not exceeding 30 days; 3rd offense—dismissal.