QuestionsQuestions (Republic Act No. 6702)
It is based on Republic Act No. 7877 (Anti-Sexual Harassment Act) and on CSC Resolution No. 01-0940, which defines the administrative offense and prescribes the standard procedure for administrative investigation, prosecution, and resolution of sexual harassment cases in the public sector.
It applies to all PNP personnel holding any level position and regardless of status (uniformed or non-uniformed).
Sexual harassment 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 in a work-related, training, or education environment, regardless of whether the perpetrator has authority/influence/moral ascendancy, and regardless of whether the demand/request is accepted.
When: (a) submission to or rejection of the acts is used as a basis for employment decisions; (b) the acts have the purpose/effect of interfering with work performance or creating an intimidating/hostile/offensive work environment; or (c) the acts might reasonably be expected to cause discrimination, insecurity, discomfort, offense, or humiliation to a complainant (including co-employee, applicant, customer, or ward).
When committed against one under the offender’s actual/constructive care, custody, supervision, or whose education/training/apprenticeship/internship/tutorship is entrusted to or provided by the offender, and it involves: (a) submission/rejection used as basis for decisions (grades/honors/scholarships/stipends/benefits); (b) interference with performance or creation of an intimidating/hostile/offensive academic environment; or (c) acts reasonably expected to cause discrimination, insecurity, discomfort, offense, or humiliation to the trainee/apprentice/intern/tutee/ward.
In the workplace/office; in any place where parties are found due to work/education/training relations; at work/education/training-related social functions; while on official business outside the office or during work/training-related travel; at official conferences/symposia/training sessions; and by telephone/cellular phone/fax/electronic mail.
Physical (malicious touching, overt sexual advances, gestures with lewd insinuations); Verbal (requests/demands for sexual favors, offensive remarks about sex/sexuality); Use of objects/pictures/graphics/letters/written notes with sexual underpinnings; and other analogous forms.
Any PNP personnel who directly participates; induces or directs another; cooperates by an act without which the harassment would not be accomplished; or cooperates by previous or simultaneous acts.
CODI receives complaints; investigates in accordance with the prescribed procedure; submits findings and recommendations to the disciplining authority; leads discussions to increase understanding/prevent incidents; and finds ways to create an environment free of stresses and threats of sexual harassment.
The member is disqualified from being a CODI member in that case.
The complaint must be written, signed, and sworn; it must state: (1) complainant’s full name and address; (2) respondent’s full name, address, and position; (3) brief statement of relevant facts; (4) evidence (if any); and (5) a certification of non-forum shopping.
If any required formality is missing, the complaint is dismissed without prejudice to refiling. Complaints sent by telegram/radiogram/e-mail/similar means are considered non-filed unless the complainant complies with the requirements within 10 days from receipt of notice.
Withdrawal does not preclude CODI from proceeding with investigation where there is obvious truth/merit or where documentary/direct evidence can prove guilt; if withdrawn despite obvious merit, the complainant may be charged for dereliction of duty or contempt.
The respondent must submit a Counter-Affidavit/Comment under oath within 3 days from receipt of notice, with copy furnished to the complainant; otherwise it is considered not filed.
Preliminary investigation must commence no later than 5 days from receipt by CODI and must be terminated within 15 working days thereafter.
If a prima facie case exists, the disciplining authority issues a formal charge within 3 working days from receipt of the Investigation Report. If none, the complaint is dismissed within the same period.
If not finally decided within 90 days from preventive suspension, the respondent is automatically reinstated (excluding delay due to respondent’s fault/negligence/petition). Maternity/paternity leave defers/interrupts the preventive suspension until leave is fully enjoyed.
Grave includes unwanted touching of private parts, sexual assault, malicious touching, and requesting sexual favor in exchange for employment/travel/working conditions/grades/honors/scholarship/stipend/payment. Less grave includes unwanted touching/brushing, pinching not under grave, derogatory/degrading remarks with sexual innuendo toward sex/sexual orientation, and verbal abuse/threats with sexual overtones. Light includes surreptitious looking/stealing a look, telling sexist/smutty jokes or sending them after being advised or when clearly embarrassing/offensive, malicious leering/ogling, display of sexually offensive pictures/materials/graffiti, unwelcome inquiries/comments about sex life, unwelcome sexual flirtation/advances/propositions, making offensive hand/body gestures, persistent unwanted attention with sexual overtones, unwelcome phone calls with sexual overtones causing discomfort, embarrassment, offense, or insult, and analogous acts.
Light: 1st reprimand; 2nd fine or suspension not exceeding 30 days; 3rd dismissal. Less grave: 1st fine or suspension not less than 30 days and not exceeding 6 months; 2nd dismissal. Grave: dismissal. If multiple charges/counts exist, penalty corresponds to most serious count, with others as aggravating.