Policy and legal basis
- The State recognizes the dignity of every human being and the guarantee of full respect for human rights.
- Sexual harassment is treated as a violation of human rights that defeats and impairs morale and efficiency in the workplace.
- Sexual harassment is treated as a violation that violates the merit and fitness principle in the civil service.
- Sexual harassment is treated as creating or fostering a work environment that adversely affect productive performance.
- Section 4 of Republic Act No. 7877 requires each employer or head of agency to promulgate appropriate rules and regulations, in consultation with and jointly approved by employees through their duly designated representatives, prescribing procedures for investigation and administrative sanctions.
- The Civil Service Commission’s circular establishes rules and regulations prescribing procedures and guidelines for decorum and the creation of a Committee on Decorum and Investigation.
Coverage and persons covered
- These rules apply to all officials and employees in the Commission, including the Career Executive Service Board (CESB) and Regional and Field Offices.
- Coverage includes persons in both Career and Non-Career service.
- Coverage includes persons holding positions under permanent or temporary status.
- Liability extends to any official having authority, influence or moral ascendancy over another person in the Commission, and to employees, regardless of sex.
Jurisdiction and finality of decisions
- The Commission as the disciplining authority over its officials and employees exercises exclusive jurisdiction over acts and omissions that constitute sexual harassment under these rules.
- Decisions of the Commission are final and are appealable only to the Court of Appeals under Section 2.
Core definition and specific acts
- Sexual harassment is a form of misconduct involving an act or series of unwelcome sexual advances, requests for sexual favours, or other verbal or physical behavior of a sexual nature.
- Unwelcome sexual behavior constitutes sexual harassment when it might reasonably be expected to cause discrimination, insecurity, discomfort, offense or humiliation to another person or group.
- Unwelcome sexual behavior constitutes sexual harassment when submission is made a condition of employment.
- Unwelcome sexual behavior constitutes sexual harassment when submission to or rejection of the conduct is used as a basis for any employment decision, including matters of promotion, raise in salary, job security and benefits affecting the employee.
- Unwelcome sexual behavior constitutes sexual harassment when it has the purpose or effect of interfering with a person’s work performance, or creating and intimidating, hostile or offensive work environment.
Acts that constitute employment or work-related harassment
- Employment or Work-Related Sexual Harassment includes demanding, requesting, or requiring sexual favor:
- as a condition for hiring or employment, re-employment or continued employment; or
- in exchange for favorable compensation, terms or conditions of employment, promotion or privileges.
- It also includes demanding, requesting, or requiring sexual favor against one whose training is entrusted to the offender.
- It also includes situations where refusal to make such demand would limit, classify or segregate an employee so as to discriminate, deprive or diminish employment opportunities or otherwise adversely affect the employee.
- It also includes situations where the demand, request, or requirement would result in intimidating, hostile or offensive environment for the employee.
- Work or employment related sexual harassment may take place in:
- the office;
- anywhere else as a result of work responsibilities or employment relations;
- office related social functions;
- while on official business outside the office or during work-related travel;
- at official conferences, fora, symposia or training sessions;
- and through the telephone, cellular phone, fax machine, E-mail.
Forms and liable persons
Forms
- Sexual harassment acts may be physical (including physical contact or malicious touching), overt sexual advances, unwelcome improper or unnecessary gestures of sexual nature, and other suggestive expressions or lewd insinuations.
- Sexual harassment acts may be verbal, including requests or demands for sexual favors or lurid remarks.
- Sexual harassment acts may involve the use of objects, pictures, letters, or written notes with bold persuasive sexual under-pinnings that create a hostile, offensive, or intimidating work or training environment.
Persons liable
- Any official or employee regardless of sex is liable for sexual harassment when:
- the person directs or induces another to commit acts of sexual harassment (Principal by Induction); or
- the person cooperates in the commission of sexual harassment by another such that it would not have been committed without such cooperation (Principal by Indispensable Cooperation).
Commission duties and committee structure
Duty of the Commission
- The Commission must initiate measures to prevent or deter sexual harassment through an extensive awareness campaign or informal education, and through research and survey of data to determine the extent of the problem, profiles of harassers and victims, forms of sexual harassment, and its consequences.
- The Commission must implement the procedures for resolution, settlement, or prosecution and adjudication of sexual harassment cases provided in these rules.
- The Commission must create a Committee on Decorum and Investigation for sexual harassment cases.
- The Commission must furnish a copy of these rules and regulations to each officer and employee and must post a copy in two conspicuous locations in places of work or training.
Creation and functions of the committee
- A Committee on Decorum and Investigation must be created in the Commission and in each Regional Office, including the CESB.
- The Committee must:
- receive the complaint, file the formal charge, and investigate and conduct hearings under the Uniform Rules of Procedure in the Conduct of Administrative Investigation in the Civil Service Commission;
- submit a report of findings and recommendation to the Commission for final decision; and
- ensure the report is strictly confidential.
- The Committee must conduct meetings with officers, employees and trainees to increase understanding and prevent incidents.
- The Committee must recommend measures that will expedite investigation and adjudication.
- In the Regional Office, investigation and hearing authority must devolve upon the Local Committee, which submits findings and recommendation directly to the Commission.
- When a Committee member is a complainant or respondent, the member must inhibit from Committee deliberations.
Composition
- The Central Committee is composed of:
- a Chairman who is a Director appointed by the Commission for a term of one (1) year;
- the CSC Focal Point on Women and Development;
- the President CSC Employee Association, or, if absent, a representative elected by the General Assembly;
- an employee in the Second Level; and
- an employee in the First Level.
- The Local Committee is composed of:
- the Regional Director as Chairman;
- Equality Advocate (EQUAD) in the Regional Office;
- a representative of the Employee Association;
- an employee in the Second Level; and
- an employee in the First Level.
- Representatives of First and Second level employees in the Personnel Selection Board of the Commission elected in a general assembly must concurrently sit as Committee members.
Case filing and investigation procedure
Complaint requirements
- All complaints for sexual harassment must be under oath and must be supported by the Affidavit of the offended party under Section 10.
- Complaints must be investigated and disposed of in accordance with the Uniform Rules of Procedure in the Conduct of Administrative Investigation in the Civil Service Commission.
- No action must be taken on an anonymous complaint.
- No civil servant must be required to answer or comment on an anonymous complaint.
Referral to committee and filing of formal charge
- Upon receipt of a complaint sufficient in form and substance, the head of office must transmit it to the Committee within five (5) days.
- The Committees (Central and Local) have authority to file the formal charge.
- The Committee designates a hearing officer from among its members.
Preliminary investigation
- The Committee must conduct a preliminary investigation where both complainant and respondent submit:
- affidavits and counter-affidavits; and
- affidavits of witnesses.
- Failure of the respondent to submit a counter-affidavit must be construed as a waiver.
- During inquiry or proceedings, parties and witnesses must affirm the signature and the truthfulness of the statements contained in the documents.
- Cross-examination of witnesses is not allowed, but the hearing officer may ask clarificatory questions.
- Failure to affirm signatures and the contents of affidavits during preliminary investigation renders the affidavit without evidentiary value.
- The hearing officer must record clarificatory questions and answers in handwriting; these notes form part of the case records.
Investigation timelines
- Preliminary investigation must commence not later than five (5) days from receipt of the complaint by the Central or Local Committee.
- Preliminary investigation must be terminated not later than ten (10) days thereafter.
- Within five (5) days from termination of preliminary investigation, the investigating officer must submit the Report of Investigation and complete records to the Committee.
Formal charge and respondent’s answer
- When the Committee finds a prima facie case, it must formally charge the respondent.
- The respondent must receive copies of:
- the complaint,
- sworn statements, and
- other documents submitted by the complainant,
unless already received during preliminary investigation.
- The respondent must be given at least seventy-two (72) hours from receipt of the formal charge to submit:
- an answer under oath;
- affidavits of witnesses; and
- other evidence.
- The respondent must be informed of the right to assistance of a counsel of choice.
- If the respondent already submitted comment and counter-affidavits during preliminary investigation, the respondent must be given opportunity to submit additional evidence.
Formal investigation
- A formal investigation must be held after the respondent files the answer or after the period for filing an answer has expired.
- It must be completed within thirty (30) days from the date of service of the formal charge, unless extended by the Commission in meritorious cases.
- Even if the respondent does not elect a formal investigation, a formal investigation must still be conducted when evaluation of complaint, answer, and supporting documents cannot judiciously resolve the case without it.
Failure to file answer
- If the respondent fails or refuses to file an answer, the respondent is deemed to have waived the right to file an answer, and the formal investigation may commence.
Hearing management, postponement, and non-appearance
- Hearings must be conducted on hearing dates set by the hearing officer or as agreed during a pre-hearing conference.
- Postponements are not allowed except in meritorious cases, and a party must not be granted more than two (2) postponements.
- Parties, their counsel, and witnesses (if any) must receive notice at least (5) days before the first scheduled hearing specifying time, date, and place, and subsequent hearings.
- After the first notice, the hearing schedule must be strictly followed without further notice.
- If the respondent fails or refuses to appear, the investigation must proceed ex parte, and the respondent is deemed to have waived the right to be present and to submit evidence in that stage.
Administrative liabilities, penalties, and sanctions
Penalty imposition
- Any person found guilty of sexual harassment must be meted a penalty after investigation, corresponding to the gravity and seriousness of the offense.
Penalty schedule by offense gravity
- Light offenses may be punished by:
- Reprimand or fine or suspension not exceeding ten days; or
- Fine or suspension not exceeding twenty days; or
- Fine or suspension not exceeding thirty days at the discretion of the disciplining authority.
- Less grave offenses may be punished by:
- Transfer or demotion in rank or salary of one grade or fine or suspension not exceeding six months; or
- Fine not exceeding four (4) months or suspension not exceeding eight (8) months at the discretion of the disciplining authority.
- Grave offenses may be punished by:
- Transfer or demotion in rank or salary from two to three grades or a fine in an amount equivalent to six (6) months salary; or
- Suspension for one year; or
- Dismissal, at the discretion of the disciplining authority.
Failure of head of office to act
- The head of office who fails to act on any properly filed complaint for sexual harassment after being informed thereof against any employee must be charged with neglect of duty.
Prescriptive period
- Any complaint or action arising from violation of these rules must be filed within three (3) years from commission of the violation; otherwise, the action is deemed to have prescribed.
Effect on other issuances and amendment
- Memorandum Circular No. 19, series of 1994 of the Civil Service Commission applies suppletorily to these rules insofar as it is not inconsistent.
- Rules and regulations and other issuances or parts thereof inconsistent with these rules must be repealed or modified accordingly.
- The Civil Service Commission may amend or modify these rules as necessary.
Additional classification and penalty facilitation
- Grave or serious, less grave, and light offense categories must correspond to the rule-based elements of sexual harassment.
- Grave offenses include:
- unwanted touching of private parts or any other act or malicious touching;
- sexual assault; and
- acts of sexual harassment mentioned in Section 5 (a) and (b), Rule V committed by a superior officer or any person having moral ascendancy over the victim.
- Less grave offenses include, and the classification guidance covers examples such as requesting dates to public places or sexual favors in exchange for employment, promotion, local or foreign travels, favorable working conditions or assignments, or grant of benefits; pinching not falling under grave offenses; unnecessary touching or brushing; derogatory or degrading remarks or innuendos toward members of one sex or one sexual orientation or used to describe a person; and verbal abuse or threats.
- Light offenses include, and the classification guidance covers examples such as persistently telling sexist/smutty jokes; leering or ogling; voyeurism; display of sexually offensive pictures/materials/graffiti; unwelcome inquiries or comments about a person’s sex life; unwelcome sexual flirtation or propositions; making offensive hand/body gestures; and persistent unwanted contact or attention after the end of a romantic relationship.
- The classification guidance is intended to facilitate the imposition of the proper penalty depending on the gravity and seriousness of the act of sexual harassment.