Legal basis and related issuances
- This Circular is grounded on Republic Act No. 7877 (February 14, 1995), which declares sexual harassment unlawful in the employment, education, or training environment.
- This Circular implements CSC Resolution No. 01-0940 (May 21, 2001), which defines sexual harassment as an administrative offense and prescribes the standard procedure for administrative investigation, prosecution, and resolution in the public sector.
- This Circular revises the earlier PNP administrative framework referenced as Memo Circular No. 2006-019 dated September 05, 2006, which also addressed implementing rules and regulations of CSC Resolution No. 01-0940 on sexual harassment cases.
- Any inconsistent rules, regulations, or issuances are repealed or modified accordingly under the Circular’s repealing clause.
Policy and core objectives
- The PNP must institutionalize a system for resolving sexual harassment cases and the procedural steps for handling complaints.
- The PNP must facilitate the filing of appropriate charges against PNP personnel found to have committed sexual harassment.
- Sexual harassment is treated as a serious issue that must be addressed within the PNP organization.
Key definitions and covered acts
- Education or training-related sexual harassment is committed when the offender has actual or constructive care, custody, supervision, or responsibility over the complainant’s education/training/apprenticeship/internship, and any of the following occurs:
- Submission to or rejection of unwelcome acts is used as a basis for decisions affecting the complainant, including grades, honors, scholarship, stipend/allowance, or any benefit/privilege/consideration.
- The acts purposefully or effectively interfere with performance or create an intimidating, hostile, or offensive academic environment.
- The acts reasonably may be expected to cause discrimination, insecurity, discomfort, offense, or humiliation to a complainant who is a student, trainee, apprentice, or intern.
- Gender refers to personal characteristics, abilities, and interests culturally and socially assigned and constructed differently between the two sexes.
- Peer refers to a co-employee with the same position title or functionally related position at a comparable level within the same organizational unit, who may have direct or indirect working relationships with the peer.
- PNP personnel refers to both Uniformed and Non-Uniformed personnel of the PNP.
- Sexual harassment is an act or series of acts involving unwelcome sexual advances, requests or demands for sexual favor, or other verbal/physical sexual behavior committed by PNP personnel who have authority, influence, or moral ascendancy over another in a work-related, training, or education environment, regardless of whether the demand/request/requirement is accepted.
- Sexual harassment in workplace is any unwanted sexual attention made explicitly or implicitly a condition for favorable employment decisions, or that creates an intimidating, hostile, or offensive environment.
- Supervisor refers to the immediate and direct supervisor who assigns work, monitors, and evaluates performance under competent authority.
- Subordinate refers to the employee under the immediate or direct supervision of a superior.
- Student refers to PNP uniformed and non-uniformed personnel undergoing official training and schooling at specified PNP training and schooling institutions.
- Trainee/Recruit refers to persons undergoing basic training as Police Officer 1 entry level at PNP training schools.
- Work-related sexual harassment is committed when any of the following occurs:
- Submission to or rejection of unwelcome acts is used as a basis for employment decisions affecting the applicant/employee (including hiring, promotion, salary increases, job security, benefits, and other personnel actions).
- The acts purposefully or effectively interfere with work performance or create an intimidating, hostile, or offensive work environment.
- The acts reasonably may be expected to cause discrimination, insecurity, discomfort, offense, or humiliation to a complainant who may be a co-employee, applicant, recruit, student, customer, or ward.
Places and occasions where harassment occurs
- Sexual harassment can take place within the premises of the workplace or office or within the school or training institution.
- It can occur in any place where the parties were found due to work, education, or training responsibilities or relations.
- It can occur during work-related or education/training-related social functions.
- It can occur while on official business outside the office or school or during work or school/training-related travel.
- It can occur at official conferences, fora, symposia, or training sessions.
- It can occur through telephone, cellular phone, fax machine, text/SMS messages, or electronic mail.
Forms, liability, and committee structure (CODI)
- Illustrative forms include:
- Physical: malicious touching; overt sexual advances; gestures with lewd insinuations.
- Verbal: requests or demands for sexual favors; offensive remarks about sex or sexuality.
- Use of objects/visuals: objects, pictures/visual graphics, electronic images/notes, letters or written notes with sexual underpinnings.
- Other analogous forms.
- Any PNP personnel, regardless of gender, is liable for sexual harassment when the person:
- Directly participates in execution of the sexual harassment act.
- Induces or directs another to commit sexual harassment.
- Cooperates through an act without which the sexual harassment would not have been accomplished.
- Cooperates through previous or simultaneous acts.
- A Committee on Decorum and Investigation (CODI) shall be created in the National Headquarters, National Support Units, Regional, and Provincial/City Police Offices.
- The CODI must:
- Receive complaints of sexual harassment.
- Investigate sexual harassment complaints under the prescribed procedure.
- Submit findings and recommendations to the disciplining authority.
- Lead discussions to increase understanding, awareness, and prevention of sexual harassment.
- Conduct nationwide information campaigns for distribution to all Police Offices.
- Find ways and means to create an environment free of stresses and threats of sexual harassment.
- A CODI member shall be disqualified and inhibited when the member is the complainant or the person complained of in the case.
- CODI composition requires at least two (2) female members, and is specified by level (National Level, Directorial Staff, National Support Units, Regional Level, NCR District, City/Provincial Level), with named positions and a Secretariat head as indicated for each level.
- Municipal Police Stations may create their own CODI by duplicating the composition whenever applicable.
Pre-filing options and transfers after filing
- During the pre-filing standard operating procedures, the complainant has two (2) options:
- Approach the immediate supervisor/Head of Office, or go directly to the Women and Children Protection Center (WCPC) and the concerned Women and Children Protection Desks (WCPDs) for assistance that may include counseling, referral for professional help, and advice on options before filing a formal complaint.
- Go directly to the CODI for advice and assistance that includes counseling, referral for professional help, and advice on options before filing a formal complaint.
- Upon filing a complaint by the alleged victim, the harasser shall be immediately transferred to another office where the harasser cannot further intimidate the complainant unless the complainant requests the transfer to another office/unit.
Standard procedures from complaint to decision
- Complaint filing:
- A complaint may be filed at any time with the disciplining authorities of the PNP or with the CODI; upon receipt by the disciplining authority, it is transmitted to the CODI.
- The complaint must be in writing, signed, and sworn by the complainant.
- The complaint must contain the complainant’s full name and address; the respondent’s full name, address, and position; a brief statement of relevant facts and circumstances; evidence if any; and a certification of non-forum shopping.
- If any required element is missing, the complaint is dismissed without prejudice to re-filing.
- If the complaint is not under oath, the complainant must be summoned to swear as to the truth of the allegations.
- Complaints sent by telegram, radiogram, electronic mail, text messages, or similar means are considered non-filed unless the complainant complies with the formal requirements within ten (10) days from receipt of notice for compliance.
- Withdrawal at any stage does not preclude CODI from proceeding with investigation where there is obvious truth or merit, or where documentary or direct evidence can prove guilt.
- If the complainant withdraws despite obvious truth or merit, the complainant is charged correspondingly for dereliction of duty or contempt.
- Action on a sufficient complaint:
- Once the complaint is sufficient in form and substance, CODI requires the person complained of to submit a Counter-Affidavit/Comment under oath within three (3) days from receipt of notice, with a copy furnished to the complainant; otherwise, it is considered not filed.
- Preliminary investigation:
- CODI conducts a preliminary investigation involving ex-parte examination of documents submitted by both parties and documents readily available from other government offices.
- Parties are required to submit affidavits and counter-affidavits.
- CODI may recommend issuance of a formal charge if a prima facie case exists warranting it.
- Proceedings during preliminary investigation are held under strict confidentiality.
- Timeline for preliminary investigation:
- Preliminary investigation commences not later than five (5) days from receipt of the complaint by CODI and terminates within fifteen (15) working days thereafter.
- CODI submits the Investigation Report and complete records to the disciplining authority within five (5) working days from termination.
- Decision after preliminary investigation:
- If a prima facie case is established, the disciplining authority issues a formal charge within three (3) working days from receipt of the Investigation Report.
- If no prima facie case is established, the complaint is dismissed within the same period.
- Formal charge requirements:
- The formal charge must specify the charges; include a brief statement of material/relevant facts with certified true copies of documentary evidence if any; include sworn witness testimony statement; direct the respondent to answer in writing under oath within not less than seventy-two (72) hours from receipt; advise whether the respondent elects a formal investigation; and inform the respondent that the respondent is entitled to be assisted by counsel of choice.
- If the respondent submitted comments/counter-affidavits during preliminary investigation, the respondent is given opportunity to submit additional evidence.
- CODI does not act on motions to delay such as requests for clarification, bills of particulars, or motions to dismiss that are obviously designed to delay; if filed, they are considered part of the respondent’s answer filed within the remaining period.
- Answer requirements and failure:
- The answer must be written and under oath; it must be specific and contain material facts and applicable laws, documentary evidence, sworn witness testimony, and recorded conversation if any; and it must indicate whether the respondent elects a formal investigation.
- If the respondent fails or refuses to file an answer within seventy-two (72) hours from receipt of the formal charge without justifiable cause, the respondent waives the right to file an answer and formal investigation may commence.
- Preventive suspension:
- The proper disciplinary authority may order preventive suspension upon petition of the complainant or motu propio upon recommendation of CODI, at any time after service of the formal charge, if there are reasons to believe the respondent is probably guilty and warrants removal from service.
- Preventive suspension temporarily removes the respondent from current assignment/position to prevent undue influence or pressure on witnesses and to prevent tampering with documentary evidence.
- Preventive suspension automatically ends if the case is not finally decided within ninety (90) days from the date of preventive suspension, unless otherwise provided by special law.
- If the delay is due to the respondent’s fault, negligence, or petition, the delay period is not included in computing the ninety (90) calendar days.
- If the respondent is on paternity/maternity leave, preventive suspension is deferred or interrupted until the leave is fully enjoyed.
- Remedies for preventive suspension order:
- The respondent may file a motion for reconsideration with the disciplinary authority or appeal to the Civil Service Commission within fifteen (15) days from receipt.
- Formal investigation:
- CODI conducts formal investigation if necessary for a judicious decision.
- The formal investigation is held not earlier than five (5) days or later than ten (10) days from receipt of the respondent’s answer, and must be finished within thirty (30) days from issuance of the formal charge or receipt of the answer.
- Pre-hearing conference:
- CODI may conduct a pre-hearing conference at commencement of formal investigation for stipulation of facts; simplification of issues; identification and marking of evidence; waiver of objections on evidence admissibility; limiting the number and names of witnesses; setting hearing dates; and other matters aiding prompt resolution.
- Parties may submit position papers/memoranda and submit for resolution without further hearing based on the pre-hearing conference result.
- Hearing mechanics and postponements:
- Hearings follow CODI-set dates or dates agreed during pre-hearing conference.
- If no pre-hearing conference is conducted, parties, counsel, and witnesses must receive at least five (5) days notice before the first hearing, specifying time/date/place; subsequent schedules are followed strictly without further notice.
- Only three (3) postponements are allowed upon oral or written requests; further postponement requires a written request subject to CODI discretion.
- If the respondent fails to appear despite due notice, the investigation proceeds ex-parte; the respondent is deemed to have waived the right to be present and submit evidence in those hearings.
- Preliminary matters in hearing:
- CODI notes appearances and receives evidence for the complainant first.
- If the respondent appears without counsel, the respondent is deemed to waive the right to counsel.
- Before a witness testifies, CODI administers oath and records the witness’s name, address, civil status, age, place of employment.
- Appearance of counsel/representatives:
- Any representative must manifest appearance orally or in writing, stating full name and exact address for service; pleadings/appearances not complying are not recognized.
- Order of hearing and evidence handling:
- Hearing order: complainant presents evidence; respondent presents defense evidence; complainant presents rebuttal; respondent presents sub-rebuttal.
- Witness examination order: direct examination; cross-examination; re-direct examination; re-cross examination.
- A sworn statement of a properly identified witness affirmed before CODI constitutes direct testimony.
- After evidence presentation, parties formally offer evidence orally or in writing; objections may be made orally or in writing; parties may submit memoranda, with a period not beyond five (5) days after termination of the investigation; failure to submit within the period is a waiver.
- CODI resolves objections during the hearing; objections that cannot be ruled on are noted for inclusion in the memorandum for decision by the proper disciplinary authority.
- CODI admits all evidence deemed material and relevant; in case of doubt, CODI allows admission subject to objections.
- Marking and subpoenas:
- Documentary evidence are marked by letters (A, B, C, etc.) if presented by the complainant and by numbers (1, 2, 3, etc.) if presented by the respondent.
- A party seeking a witness or production of documents/things must request necessary subpoena at least three (3) days before the scheduled hearing.
- CODI may issue subpoena ad testificandum and subpoena duces tecum.
- Recording and investigation report:
- The formal investigation must be recorded by stenotype or other method.
- Within fifteen (15) days after conclusion of formal investigation, CODI submits a report with narration of material facts established, findings, evidence supporting findings, recommendation, and attaches complete records to the disciplinary authority.
- Complete records must be systematically and chronologically arranged, paged, and securely bound; a table of contents must be prepared; the person in charge of transmittal is responsible for loss or suppression of pages.
- Decision timing and finality:
- The disciplinary authority renders decision within thirty (30) days from receipt of the report of investigation.
- Decisions are final and executory when penalty imposed is suspension not more than thirty (30) days or fine not exceeding thirty (30) days salary by office/units’ heads.
- For heavier penalties (suspension exceeding thirty (30) days or fine exceeding thirty (30) days salary), the decision becomes final and executory after the reglementary period for motion for reconsideration or appeal lapses without such pleading.
Remedies after decision and appeals procedure
- The adversely affected party may file a motion for reconsideration with the same disciplinary authority within fifteen (15) days from receipt.
- A motion for reconsideration is deemed filed on the date stamped on the official copy by the proper receiving authority; if sent by mail, it is deemed filed on the postmark date shown on the envelope attached to the records.
- Grounds for reconsideration include newly discovered evidence materially affecting the decision; lack of evidentiary support; or errors of law or prejudicial irregularities.
- Only one (1) motion for reconsideration is entertained.
- Filing the motion for reconsideration within the fifteen (15) days period stays execution of the decision sought to be reconsidered.
- Appeals:
- Decisions imposing penalty exceeding thirty (30) days suspension or exceeding thirty (30) days salary may be appealed to the Civil Service Commission Proper within fifteen (15) days from receipt.
- When the decision is appealable to the Commission, it may be initially appealed to the Chief, PNP, and finally to the Civil Service Commission (except as stated in the rule).
- Pending appeal, the decision is executory except where the penalty is removal, in which case it is executory only after confirmation by the Chief, PNP.
- A notice of appeal with an appeal memorandum must be filed with the appellate authority, with copy furnished to the disciplining office.
- The disciplining office must submit records within fifteen (15) days, and the records must be systematically and chronologically arranged, paged, securely bound, and include comments.
- Appeal by mail is deemed filed on the postmark date; personal delivery is deemed filed on the date stamped by the proper office.
- To perfect an appeal, the appellant must submit within fifteen (15) days: (1) notice of appeal stating decision date and receipt date; (2) three (3) copies of appeal memorandum with grounds, with certified true copy of the decision and certified copies of supporting documents/evidence; (3) proof of service on disciplining office; (4) proof of payment of appeal fee; and (5) a statement/certification of non-forum shopping.
- When the CSC remands for due process violations:
- The disciplinary authority must finish further investigation within three (3) calendar months from receipt of records from the CSC, unless delay is due to fault/negligence/petition of the person complained of or an extension is granted by the CSC in meritorious cases.
- The period of delay is not included in computing the prescribed period.
- Within fifteen (15) days from submission of the investigation report to the disciplinary authority, the disciplinary authority must decide; failure to decide results in CSC vacating and setting aside the appealed decision and declaring the person complained of exonerated; if under preventive suspension, immediate reinstatement follows.
- The Civil Service Regional/Field Office or the Office for Legal Affairs of the Civil Service Commission evaluates extension requests and may grant extension on meritorious grounds, guided by justice and fair play, with extension not exceeding twenty (20) days.
- The Regional/Field Director monitors implementation and submits a report to the Civil Service Commission.
- Petition for review: A party may elevate a Commission decision to the Court of Appeals by Petition for Review under Rule 43 of the 1997 Revised Rules of Court.
- Petition for certiorari: A verified petition for certiorari under Rule 65 of the Rules of Court is available when the disciplinary authority acted without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal and no plain, speedy, and adequate remedy in the ordinary course of law.
Classification and penalties for offenses
- Sexual harassment is classified as grave, less grave, and light offenses.
- Grave offenses include, among others:
- Unwanted touching of private parts (genitalia, buttocks, and breasts).
- Sexual assault.
- Malicious touching.
- Requesting sexual favor in exchange for employment, promotion, local or foreign travels, favorable working conditions or assignments, a passing grade, granting of honors, awards and scholarship, or grant of benefits or payment of stipend/allowance.
- Other analogous acts.
- Less grave offenses include, among others:
- Unwanted touching or brushing against a victim’s body.
- Pinching not falling under grave offenses.
- Derogatory or degrading remarks with innuendoes directed toward the members of one’s sex or one’s sexual orientation, or used to describe a person.
- Verbal abuse or threats with sexual overtones.
- Other analogous acts.
- Light offenses include:
- Surreptitiously looking or stealing a look at a person’s private part or worn undergarments.
- Telling sexist/smutty jokes or sending these through text, electronic mail, or similar means causing embarrassment or offense, after being advised they are offensive/embarrassing, or even without such advise when, by nature, clearly embarrassing, offensive, or vulgar.
- Malicious leering or ogling.
- Display of sexually offensive pictures, materials, or graffiti.
- Unwelcome inquiries or comments about a person’s sex life.
- Unwelcome sexual flirtation; advances; propositions.
- Making offensive hand or body gestures at an employee.
- Persistent unwanted attention with sexual overtones.
- Unwelcome phone calls with sexual overtones causing discomfort, embarrassment, offense, or insult.
- Other analogous acts.
- Administrative liabilities and penalty scales:
- The head of office/unit who fails to act within fifteen (15) days from receipt of any properly filed sexual harassment complaint against an employee in that office/unit is charged with Neglect of Duty.
- If found guilty, the respondent is meted the penalty corresponding to the gravity and seriousness of the offense.
- Penalties by gravity:
- 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 offense: Dismissal.
- If the respondent is found guilty of two or more charges/counts, the penalty imposed corresponds to the most serious charge/count, with the rest considered as aggravating circumstances.
Repeal and controlling effect
- All rules, regulations, and other issuances, or portions thereof, that are inconsistent with PNP Memorandum Circular No. 2010-001 are repealed or modified accordingly.