Title
R.A. No. 7877 CSC Rules on Sexual Harassment
Law
Csc Memorandum Circular No. 30
Decision Date
Oct 10, 1995
The Implementing Rules and Regulations on the Anti-Sexual Harassment Act of 1995 provide guidelines for addressing and preventing sexual harassment in the Philippine Civil Service Commission, with penalties ranging from reprimand to dismissal for offenders.

Law Summary

Jurisdiction

  • The Civil Service Commission (CSC) has exclusive jurisdiction over sexual harassment complaints involving its officials and employees
  • CSC decisions on such cases are final but appealable to the Court of Appeals

Definition of Sexual Harassment

  • Consists of unwelcome sexual advances, requests for sexual favors, or sexually related verbal or physical conduct
  • Such acts can be explicit, implicit, direct, indirect, or implied
  • Includes conduct that:
    • causes discrimination, discomfort, embarrassment, or offense
    • is a condition for employment or benefits
    • affects employment decisions (promotion, salary, job security)
    • creates hostile, intimidating, or offensive work environment

Acts Constituting Sexual Harassment

  • Demand or request for sexual favor as condition for hiring, promotion, or employment benefits
  • Sexual harassment towards a trainee by a person in authority
  • Harassment resulting in discrimination, deprivation of opportunities, or hostile work conditions
  • Occurs in the office, work-related social functions, official travel, conferences, or through communication devices

Forms of Sexual Harassment

  • Physical: unwanted touching, lewd advances, suggestive gestures or expressions
  • Verbal: demands for sexual favors, lewd remarks
  • Use of objects, pictures, letters creating hostile or offensive work/training environment

Liability for Sexual Harassment

  • Officials or employees having authority or influence over others are liable regardless of gender
  • Liability extends to those who induce or cooperate in the act of harassment

Duties of the Commission

  • Conduct awareness campaigns and research on sexual harassment
  • Implement procedures for complaint resolution and prosecution
  • Establish Committee on Decorum and Investigation
  • Disseminate and post copies of the rules in offices or training venues

Committee on Decorum and Investigation

  • Created at central and regional levels to receive complaints, investigate, and conduct hearings
  • Composed of appointed officials and employee representatives
  • Investigations follow Uniform Rules of Administrative Procedure
  • Committee meetings designed to increase awareness and expedite case resolution
  • Members involved in a case must inhibit themselves from deliberations

Procedures for Sexual Harassment Cases

  • Complaints must be under oath and supported by affidavit
  • Anonymous complaints receive no action
  • Complaints transmitted to Committee within five days
  • Preliminary investigations with affidavits and clarificatory questions but no cross-examination
  • Investigation to be completed within ten days
  • Formal charges filed if prima facie case exists
  • Respondent given 72 hours to answer with supporting affidavits
  • Formal investigations to conclude within 30 days unless extended
  • No answer by respondent leads to formal investigation proceeding
  • Hearings scheduled with limited postponements; ex parte proceedings if respondent absent

Administrative Liabilities and Penalties

  • Penalties based on gravity: light, less grave, and grave offenses
  • Light: reprimand, fine or suspension (up to 30 days)
  • Less grave: transfer, demotion, fine or suspension (up to 8 months)
  • Grave: transfer, demotion, fine (6 months salary), suspension up to one year or dismissal
  • Heads of office neglecting to act on complaints may be charged with neglect of duty

Prescriptive Period for Filing Complaints

  • Complaints must be filed within three years from the commission of the act

Effect on Previous Issuances

  • Memorandum Circular No. 19, s.1994 applies supplementarily
  • Inconsistent rules and regulations repealed or modified
  • CSC empowered to amend or modify rules as necessary

Effectivity

  • Rules take effect immediately upon approval by the Commission

Classification of Sexual Harassment Offenses

  • Grave offenses: sexual assault, malicious touching, harassment by superiors
  • Less grave offenses: unwanted touching (not malicious), requests for sexual favors tied to employment conditions, derogatory remarks, verbal abuse
  • Light offenses: smutty jokes, leering, voyeurism, display of offensive materials, unwelcome flirting, offensive gestures, persistent unwanted contact post-relationship
  • Classification aids in proper penalty imposition based on offense seriousness

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