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