QuestionsQuestions (DFA DEPARTMENT ORDER NO. 05-02, JANUARY 31, 2002)
It establishes the Rules and Regulations on Administrative Sexual Harassment Cases in the Department of Foreign Affairs (DFA), defining the administrative offense and prescribing the standard procedure for investigation, prosecution, and resolution, including sanctions.
Section 4(a) of Republic Act No. 7877 (Anti-Sexual Harassment Act of 1995) mandates every employer/head of agency to promulgate rules and procedures for investigation and sanctions.
In the administrative offense, the requirement of authority, influence, or moral ascendancy of the offender under Section 5 of R.A. No. 7877 is not necessary; administrative sexual harassment is treated as a workplace/education/training administrative offense.
All DFA officers and employees in the Home Office, Regional Consular Offices (RCOs), and Foreign Service Posts (FSPs), including career and non-career personnel of any position level/status (permanent, temporary, casual, contractual), consultants, and detailed/seconded personnel; it also applies suppletorily to personnel of attached agencies/services.
No. They shall not be investigated or separated from the service unless there is an express written directive from the President.
An act or series of acts involving any unwelcome sexual advance, request or demand for a sexual favor, or other verbal/physical behavior of a sexual nature, committed by a DFA officer/employee in a work-related, training-related, or education-related environment of the person complained of.
It is work-related if: (1) submission to/rejection of the acts is used as a basis for employment decisions affecting the complainant; or (2) it interferes with work performance or creates an intimidating/hostile/offensive work environment; or (3) it may reasonably be expected to cause discrimination/insecurity/discomfort/offense/humiliation.
It involves a person under the offender’s actual/constructive care, custody, or supervision, or whose education/training/apprenticeship/internship/tutorship is entrusted to or provided by the offender—where (1) submission/rejection affects decisions (e.g., grades, honors, scholarships, stipends/benefits); or (2) it interferes with performance or creates a hostile/offensive academic environment; or (3) it may reasonably be expected to cause discrimination/insecurity/discomfort/offense/humiliation.
In the Home Office/RCO/FSP/honorary consulates; in places where parties are found due to work/education/training responsibilities; at work/education/training social functions; during official business/work or school travel; during conferences/symposia/training; and even by telephone/cellular phone/fax/e-mail.
Physical: malicious touching, overt sexual advances, gestures with lewd insinuation. Verbal: requests/demands for sexual favors and lurid remarks. Other: use of objects/pictures/graphics/letters or written notes with sexual underpinnings, or analogous acts.
Direct participation; inducing or directing others; cooperating through acts without which the harassment would not have been accomplished; or cooperating through previous/simultaneous acts.
CODI receives complaints, investigates, submits findings/recommendations to the BFSA, leads discussions to prevent incidents, recommends measures to expedite cases, and helps improve infrastructure using GAD funds; it is composed in the Home Office by specified officials (e.g., Chair from OLA Investigation and Prosecution Division with a special rule if the parties are Chiefs of Mission), plus GAD focal person and representatives from other units.
It must be written, signed, and sworn by the complainant, and include: complainant’s identifying details; respondent’s details; brief statement of relevant facts; evidence if any; and a certification of non-forum shopping. If missing any, it is dismissed immediately by CODI but without prejudice to re-filing.
Withdrawal does not preclude CODI from proceeding with the investigation if there is obvious truth/merit or documentary/direct evidence proving guilt. A CODI dismissal is treated as a decision on the merits and with prejudice.
After receiving a sufficient complaint, CODI requires a sworn counter-affidavit/comment within 3 days. Preliminary investigation commences within 3 days from receipt of the counter-affidavit/comment and must be terminated within 15 working days thereafter.
Grave includes unwanted touching of private parts, sexual assault, malicious touching, or requesting sexual favors in exchange for employment/benefits (etc.). Less grave includes unwanted touching/brushes, pinching not falling under grave, derogatory/degrading remarks with sexual overtones, or verbal abuse/threats with sexual overtones. Light includes surreptitiously looking/stealing a look at private parts/undergarments, sexist/smutty jokes or vulgar remarks (especially after being advised or inherently embarrassing), malicious leering/ogling, and unwelcome flirtation/advances/propositions, among others.
Within three (3) years from the commission of the offense.