Scope and Application
- Applies to all Philippine National Police (PNP) personnel holding any position level, including Presidential appointees, regardless of status.
- Covers sexual harassment within work, training, and education environments involving PNP personnel.
Objectives
- Institutionalize a clear system and procedural steps for resolving sexual harassment complaints within the PNP.
- Facilitate appropriate policy enforcement and filing of charges against personnel who commit sexual harassment.
Definitions
- Sexual harassment includes unwelcome advances, requests for sexual favors, or other verbal/physical sexual behavior by PNP personnel with authority or influence over another.
- Education or training-related and work-related sexual harassment consider interference with academic or work performance and hostile environment creation.
- Key terms defined include gender, peer, supervisor, subordinate, student, trainee, and PNP personnel.
Locations Where Sexual Harassment Can Occur
- Workplace or school premises.
- Work- or education-related social functions, official business outside the workplace, conferences, and via electronic communication like emails, texts, or calls.
Forms of Sexual Harassment
- Physical: malicious touching, overt advances, lewd gestures.
- Verbal: demands for sexual favors, offensive sexual remarks.
- Use of objects, images, or writings with sexual implications.
Liability for Sexual Harassment
- PNP personnel can be liable if they:
- Directly commit sexual harassment.
- Induce or direct others to commit it.
- Cooperate in commission through acts or omissions.
Committee on Decorum and Investigation (CODI)
- Established at multiple organizational levels within the PNP to:
- Receive, investigate, and report on sexual harassment complaints.
- Lead awareness campaigns and foster a harassment-free environment.
- Committee composition includes various PNP officials ensuring gender representation.
- Members involved in cases must inhibit themselves to avoid conflict of interest.
Pre-Filing Procedures for Victims
- Victims may seek assistance and counseling from immediate supervisors, Women and Children Protection Center/Desks, or CODI before formally filing complaints.
- Immediate transfer of the alleged harasser may be ordered to prevent intimidation.
Standard Procedural Requirements for Complaints
- Complaints must be written, sworn, containing names, facts, evidence, and certification against forum shopping.
- Complaints without requirements are dismissed without prejudice.
- Upon receipt, the respondent is required to submit a counter-affidavit.
- Preliminary investigation is confidential and must start within five days, finishing within fifteen working days.
- After investigation, findings are submitted to the disciplinary authority for formal charge or dismissal.
Formal Charge and Investigation Process
- Formal charges issued if prima facie evidence exists.
- Respondents can submit answers, additional evidence, and may waive rights to counsel if unrepresented.
- Preventive suspension may be imposed to prevent harassment during investigation, lasting up to 90 days unless extended or interrupted.
- Formal investigations involve hearings, evidence presentation, direct and cross-examinations, with procedures for subpoenas and records.
Hearing and Investigation Procedures
- Initial pre-hearing conference may simplify issues and agree on evidence and schedules.
- Hearings follow an established order of presenting evidence and witnesses.
- Delays and objections are managed to avoid procedural abuse.
- Evidence is properly marked and hearings recorded.
Decision and Resolution
- Investigation report submitted within 15 days post-investigation.
- Disciplinary authority must decide within 30 days after receipt.
- Decisions on minor penalties are final and executory; major penalties become final after appeal periods.
Remedies and Appeals
- Parties may file motions for reconsideration within 15 days citing new evidence, errors of fact or law.
- Appeals may be brought to the Civil Service Commission (CSC) and subsequently to the Court of Appeals.
- Procedures for filing, perfecting appeals, and handling remanded cases are clearly established.
Classification of Sexual Harassment Offenses
- Grave Offenses: highly serious acts such as sexual assault, malicious touching, or demands for sexual favors tied to benefits.
- Less Grave Offenses: unwanted touching, derogatory remarks, verbal abuse with sexual connotations.
- Light Offenses: ogling, offensive jokes, unwelcome flirtations, offensive gestures.
Administrative Liabilities and Penalties
- Failure to act on complaints constitutes neglect of duty.
- Penalties escalate from reprimand to dismissal depending on offense gravity and repetition:
- Light: reprimand, fine/suspension, dismissal.
- Less grave: fine/suspension, dismissal.
- Grave: dismissal.
- Multiple offenses lead to penalties appropriate to the most serious charge.
Repealing Clause
- All inconsistent rules and issuances are repealed or modified accordingly.
Effectivity
- Circular takes effect 15 days after filing with the University of the Philippines Law Center per Executive Order No. 292 provisions.