Title
PSHS IRR of R.A. 7877 on Sexual Harassment
Law
Pshs Implementing Rules And Regulations (irr) Of R.a. No. 7877, February 6, 2002
Decision Date
Feb 6, 2002
The Implementing Rules and Regulations (IRR) of Republic Act No. 7877 for the Philippine Science High School (PSHS) System aims to prevent and address sexual harassment within the PSHS community, providing guidelines for reporting, investigation, and penalties, while emphasizing the importance of treating each other with dignity and respect.
implementing rules and regulations
sexual harassment
reporting guidelines

Legal basis and policy commitment

  • These IRR implement Republic Act No. 7877 within PSHS campus premises and the PSHS System’s jurisdiction.
  • The PSHS System values the dignity of every individual and enhances the development of human resources.
  • The PSHS System guarantees full respect for human rights and upholds the dignity of teachers, staff, employees, applicants for employment, students, and those undergoing training, instruction, or education.
  • The PSHS System commits to provide a teaching-learning-working environment free from all forms of sexual harassment.

Definitions and PSHS coverage

  • These IRR cover all school officials, teachers, staff, employees of agents of the school under a contract, and students within the jurisdiction of the PSHS System.
  • These IRR cover all applicants for a teaching or administrative position and all applicants for admission as students, after receipt of the application by the campus.
  • The term “PSHS System” includes the Office of the Executive Director, the PSHS Main Campus in Diliman, and six (6) regional campuses: PSHS Nueva Vizcaya, PSHS Camarines Sur, PSHS Western Visayas, PSHS Eastern Visayas, PSHS Northern Mindanao, and PSHS Central Mindanao.
  • The term “Student” means any person enrolled in the four-year secondary course at the PSHS System, including participants in short-term training courses, seminars, workshops, review programs, contests, or competitions conducted by any PSHS campus on or off campus.
  • The term “Employee/staff” means any person holding an appointment or designation in any unit of the PSHS System, including contractual employees and employees of agents of the school under a Contract assigned at a particular PSHS campus.
  • The term “Faculty/teacher” means any teacher of the PSHS System regardless of rank, including guidance counselors, librarians, research assistants, and trainers/coaches, specialists, consultants, and speakers invited during seminars, workshops, training, and the like.

What constitutes sexual harassment

  • Sexual harassment under these IRR is committed by a school official, teacher, staff, coach, trainer, employee of an agent under contract, or any other person.
  • The perpetrator must have authority, influence, or moral ascendancy over the object in any aspect of academic or administrative work in any PSHS campus, classroom, office, or unit.
  • The perpetrator commits sexual harassment when the person demands, requests, or otherwise requires any sexual favor from the other, regardless of acceptance by the object.
  • These IRR also impose liability on any person who directs or induces another to commit sexual harassment.
  • These IRR also impose liability on any person who cooperates in the commission such that sexual harassment would not have been committed without that cooperation.
  • In a work-related environment, sexual harassment is committed when any of the following occurs:
    • The sexual favor is made as a condition for hiring/employment/re-employment.
    • The sexual favor is made as a condition for favorable compensation, promotion, or other terms, conditions, or privileges.
    • Refusal results in limiting, segregating, or classifying a faculty/teacher/staff in a way that discriminates, deprives, diminishes employment opportunities, or adversely affects employment.
    • The acts impair the teacher’s/staff’s rights or privileges under existing Civil Service laws, rules, and regulations.
    • The acts result in an intimidating, hostile, or offensive environment for the teacher or staff.
  • In the school or training environment, sexual harassment is committed when any of the following occurs:
    • It is committed against a student, tutee, trainee, or one under the offender’s care, custody, supervision, or advisorship.
    • It is committed against a person whose education, training, apprenticeship, or tutorship is entrusted to the offender.
    • Sexual favor is made a condition to the giving of a passing or high grade, granting of honors and scholarships, or the payment of a stipend, allowance, or other benefits, privileges, or considerations.
    • The sexual advances result in an intimidating, hostile, or offensive environment for the student, trainee, or apprentice.
  • Sexual harassment under these IRR includes peer relationships, including faculty-faculty, employee-employees, and student-student relations.
  • Sexual harassment under these IRR also includes harassment of teachers or employees by students.
  • These IRR recognize forms of sexual harassment including:
    • Physical: malicious touching, overt sexual advances, and gestures and lewd insinuations.
    • Verbal: requests or demands for sexual favors and lurid remarks.
    • Use of objects, pictures or graphics, letters, written notes, texts via cellular phones with sexual underpinnings.
    • Other forms analogous to the foregoing.

Duties of Executive/Campus leadership

  • The Executive Director/Campus Director must prevent or deter the commission of sexual harassment acts.
  • The Executive Director/Campus Director must ensure settlement, prosecution, or resolution of sexual harassment acts in accordance with the procedures in these IRR.

Decorum and investigation committee

  • A Committee on Decorum and Investigation (CDI) is created in each PSHS System campus under the office of the Campus Director.
  • The CDI is composed of:
    • A Division Chief or Academic Chief representative of Administration as Chairperson.
    • A supervisor/area coordinator or unit head.
    • A union member, if any.
    • A rank and file faculty member.
    • A rank and file staff member.
  • The Chairperson and members serve a term of two (2) years.
  • The CDI must disseminate the rules, regulations, and procedures across the PSHS community to increase understanding and prevent incidents of sexual harassment.
  • The CDI must receive and act on reports and complaints of sexual harassment.
  • The CDI must provide support measures to victims of sexual harassment.
  • The CDI must conduct the preliminary investigation of sexual harassment cases.
  • The CDI must conduct the formal investigation once formal charges are filed by the Campus Director.
  • The CDI must submit a report of its findings to the Campus Director.

Sexual harassment procedures and timelines

Informal procedure

  • The informal procedure is PSHS action through the CDI that does not involve formal investigation or the filing of formal charges.
  • Informal measures may consist of counseling, providing information, referral to an agency offering professional help, advice on available options, and other means of support.
  • The aggrieved party or any witness who discovers sexual harassment must report the incident/act in writing to the CDI or to any school official, faculty, or staff who must endorse it to the CDI.
  • Endorsement must be done within twenty-four (24) hours from receipt of the report.
  • The aggrieved party must be interviewed by the CDI and, when necessary, referred to the Guidance Center or an agency offering professional help for counseling and assistance.
  • After consultation with concerned persons, the CDI must recommend measures to prevent repetition of the incident.
  • The CDI must document incidents handled informally to determine whether patterns of sexual harassment are present.
  • If the situation requires formal charges, the formal procedure rules must be followed.

Formal investigation

  • A complaint may be filed directly with the CDI or with the Campus Director, who must endorse it to the CDI within 24 hours from receipt.
  • The complaint must be in writing, signed, and sworn to by the complainant.
  • The complaint must contain:
    • Full name and address of the complainant.
    • Full name, address, and position of the respondent.
    • Specification of the charge(s).
    • Brief statement of relevant and material facts.
    • Evidence, in the form of affidavits of witnesses, if any.
    • Certification of non-forum shopping.
  • If any required item is absent, the complaint must be dismissed without prejudice to refiling.
  • If the complaint is not under oath, the complainant must be summoned by the Committee to swear to the truth of the allegations.
  • Withdrawal of the complaint at any stage does not preclude the CDI from proceeding with the investigation.
  • The CDI must notify the respondent in writing of the sexual harassment charge.
  • If the complaint is sufficient in form and substance, the CDI must require the respondent to file a Counter-Affidavit/Comment under oath within three (3) working days from receipt of notice.
  • The respondent must furnish a copy of the counter-affidavit/comment to the complainant; otherwise, it is considered as not filed.
  • Within five (5) working days from receipt of counter-affidavit/comments, the CDI must conduct a preliminary investigation by examining all documents ex parte.
  • The preliminary investigation must be terminated fifteen (15) working days thereafter.
  • Within five (5) working days from termination of the preliminary investigation, the CDI must submit its Investigation Report and complete records to the Campus Director.
  • If a prima facie case exists after preliminary investigation, the Campus Director must issue formal charge within three (3) working days from receipt of the Investigation Report.
  • If no prima facie case exists, the complaint must be dismissed within the same three (3) working days period.
  • The formal charge must contain:
    • Specific charge(s).
    • Brief statement of material or relevant facts with certified true copies of documentary evidence, if any.
    • Sworn statements covering witness testimony.
    • A directive to answer charges in writing under oath within 72 hours from receipt.
    • Advice to indicate in the Answer whether the respondent elects or does not elect a formal investigation.
    • Notice that the respondent is entitled to be assisted by counsel.
  • The Answer must be in writing, signed and sworn to by the respondent, with copies furnished to the complainant and supported by documentary evidence including affidavits of witnesses.
  • The respondent must be given not less than 72 hours after receipt of the complaint to file an Answer, unless a different period is given.
  • The respondent must indicate in the Answer whether or not the respondent elects a formal investigation.
  • Failure of the respondent to file an Answer or to appear in the investigation is construed as a waiver to present evidence.
  • Preventive suspension may be ordered by the Board of Trustees (BOT) through the Executive Director, upon recommendation of the CDI and Campus Director, during pendency where evidence of guilt is strong.
  • A motion for reconsideration of the preventive suspension order may be filed with the BOT, or the order may be appealed before the Civil Service Commission within fifteen (15) days from receipt.
  • If the case is not finally decided within ninety (90) days from the date of suspension, the respondent must be automatically reinstated.
  • The CDI may conduct a prehearing conference where parties may agree on:
    • Stipulation of facts.
    • Simplification of issues.
    • Identification/marking of evidence.
    • Number of names of witnesses.
    • Dates of hearings.
    • Other matters aiding prompt and just resolution.
  • Parties may submit position papers or memoranda.
  • The case may be submitted for resolution without further hearing.
  • If further hearing is required, the CDI must conduct a hearing not earlier than five (5) working days and not later than ten (10) working days from receipt of respondent’s Answer or complainant’s reply, if any.
  • The hearing must be concluded within thirty (30) days from filing of the charges.
  • The CDI must submit its report and recommendations to the Campus Director within fifteen (15) days from conclusion of the hearing.
  • The Campus Director must render a decision within thirty (30) days from receipt of the CDI report.
  • A decision is final and executory when the penalty imposed is a suspension of not more than thirty (30) days or a fine not exceeding thirty (30) days salary.
  • A Motion for Reconsideration may be filed with the Campus Director within fifteen (15) days from receipt of the decision.
  • Only one (1) Motion for Reconsideration is entertained.
  • The Motion for Reconsideration must be based on:
    • New evidence discovered.
    • The decision not supported by the evidence on record.
    • Errors of law or irregularities committed prejudicial to the movant’s interest.
  • An appeal may be filed by the respondent with the BOT through the Executive Director within fifteen (15) days from receipt of the Campus Director’s decision.
  • Appeals must follow CSC rules on administrative cases.

Administrative penalties and negligence consequence

  • Acts of sexual harassment are punishable as light, less grave, or grave offenses:
    • Light offenses:
      • 1st offense: Reprimand.
      • 2nd offense: Fine or Suspension not exceeding thirty (30) days.
      • 3rd offense: Dismissal.
    • Less grave offenses:
      • 1st offense: Fine or Suspension not less than thirty (30) days and not exceeding six (6) months.
      • 2nd offense: Dismissal.
    • Grave offenses:
      • Dismissal.
  • When a respondent is found guilty of two or more charges, the highest penalty corresponding to the most serious charge must be imposed, and other charges must be counted as aggravating circumstances.
  • The Head of Agency who fails to act within fifteen (15) days from receipt of any properly filed sexual harassment complaint against an employee must be charged with Neglect of Duty.

Proper decorum guidelines

  • School officials, faculty, and staff must treat one another with dignity and respect.
  • Employees must avoid telling green jokes in the classroom and other public places.
  • Employees must avoid using language with sexual overtones.
  • All employees must adhere to the agency dress code while on school premises.
  • Students must be in proper and complete uniform at all times.
  • Employees and students must observe prudence by avoiding talking and being left alone with the opposite sex in abandoned, secluded, and unlighted places.
  • Employees and students must avoid body language or acts that convey or invite sexual meanings or interpretations.
  • Dormitory rooms must be strictly off-limits to students of the opposite sex.

Special provisions and related actions

  • After filing of a formal charge as an administrative case, the victim is not precluded from instituting a separate and independent civil action for damages and other affirmative relief in any court or tribunal against the respondent.
  • Administrative sanctions do not bar filing of a criminal action and prosecution in proper courts for acts of sexual harassment.
  • Penalties for violating R.A. 7877 are:
    • Imprisonment of not less than one (1) month nor more than six (6) months, or
    • A fine of not less than PHP 10,000.00 nor more than PHP 20,000.00, or
    • Both such fine and imprisonment at the discretion of the court.
  • The Campus Director is solidarily liable for damages arising from acts of sexual harassment in the campus if formally informed of such acts by the offended party and no immediate action is taken thereon.
  • Actions arising from violation of Republic Act No. 7877 prescribe in three (3) years.
  • Campus Directors must submit an annual report to the Executive Director on implementation of these rules and regulations together with an evaluation at the end of each school year.
  • Rules IX, X and XI of CSC Resolution No. 01-0940 are adopted as part of these IRR.
  • All other provisions of CSC Resolution No. 01-0940 apply suppletorily to these IRR.
  • In cases where these IRR overlap with the law and CSC rules, the law, CSC rules, and PSHS System disciplinary rules prevail.
  • For student offenders, the PSHS System Code of Conduct applies suppletorily to these IRR.
  • For offenders who are employees of agents of the school under contract:
    • They must be proceeded against criminally or civilly.
    • The employee complained of must be placed under preventive suspension by the employer upon filing of the complaint.

Effect, adoption mechanics, and executory structure

  • These IRR bind the PSHS System in implementing Republic Act No. 7877 within PSHS campus premises and jurisdiction.
  • Decisions by the Campus Director become final and executory under the penalty-limited conditions stated in the procedure section.
  • The IRR are implemented through campus CDI processes, Campus Director decisions, and BOT/Civil Service Commission procedural remedies.
  • The IRR take effect upon approval and publication in campus school organs and filing certified copies with the UP Law Center.

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