Question & AnswerQ&A (PNP CIRCULAR NO. 2006-19)
Republic Act No. 7877, known as the 'An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment and for Other Purposes,' defines sexual harassment as an administrative offense in the PNP based on the PNP Circular No. 2006-19 and CSC Resolution No. 01-0940.
The Circular applies to all personnel of the Philippine National Police holding any level of position and regardless of status, including both uniformed and non-uniformed members.
Sexual harassment is any unwelcome sexual advances, requests or demands for sexual favors, or other verbal or physical behavior of a sexual nature committed by PNP personnel in a work, training, or educational environment regardless of acceptance of the acts.
They include situations where submission to or rejection of sexual acts is used as a basis for employment decisions, acts that interfere with work performance or create hostile work environment, or acts that cause discrimination, discomfort, offense, or humiliation to complainants.
Sexual harassment can take place in the workplace, school, training institution, social functions related to work or education, official business or travel, conferences, and through electronic communication like telephone, fax, or email.
Physical forms include malicious touching, overt sexual advances, and lewd gestures. Verbal forms include requests or demands for sexual favors and offensive remarks about sex or sexuality.
Any PNP personnel regardless of sex who directly participates, induces or directs, or cooperates in the commission of sexual harassment acts are liable.
The Committee on Decorum and Investigation (CODI) created at the National Headquarters, National Support Units, Regional, and Provincial levels handles complaints, investigations, and recommendations on sexual harassment cases.
The steps include filing a written complaint, preliminary investigation by CODI, issuance of formal charges if prima facie case exists, formal investigation, preventive suspension if necessary, submission of investigation report, and decision by the disciplining authority.
Light offenses: reprimand for 1st offense, fine/suspension up to 30 days for 2nd, dismissal for 3rd. Less grave offenses: fine/suspension of not less than 30 days up to 6 months for 1st offense, dismissal for 2nd. Grave offenses: dismissal for any offense.
Preventive suspension temporarily removes the respondent from duty during investigation to prevent witness intimidation or evidence tampering. It lasts up to 90 days, after which the respondent must be reinstated unless delay is due to their fault.
Parties may file a motion for reconsideration within 15 days. Decisions with penalties over 30 days suspension or fines exceeding 30 days salary may be appealed to the Civil Service Commission. Further appeal may be made to the Court of Appeals.
Failure or refusal to file an answer within 72 hours without justifiable cause is considered a waiver of the right to answer, and formal investigation may proceed ex-parte.
Sexual harassment is classified as grave, less grave, and light offenses. Grave includes unwanted touching of private parts, sexual assault, and requests for sexual favor in exchange for benefits. Less grave includes unwanted touching not amounting to grave offenses and verbal abuse with sexual overtones. Light includes ogling, sending sexist jokes, unwelcome flirtation, and offensive gestures.
They must act on a properly filed complaint within 15 days; failure to do so may result in charges of Neglect of Duty.