PNP Rules on Sexual Harassment Cases

Legal basis and related issuances

The circular is anchored on Republic Act No. 7877 (February 14, 1995), titled “An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment and for Other Purposes”, which took effect on March 5, 1995.
The circular implements CSC Resolution No. 01-0940 (May 21, 2001), which promulgates rules defining the administrative offense of sexual harassment and prescribing the standard procedure for administrative investigation, prosecution, and resolution in the public sector.
The circular expressly covers the administrative disciplinary rules on sexual harassment cases for PNP personnel, including procedural handling.

Policy, purpose, and objectives

The circular requires that sexual harassment cases be treated seriously within the PNP disciplinary process.
The circular establishes a system to be followed when resolving sexual harassment cases and the procedural steps in handling complaints.
The circular mandates a policy to facilitate resolution and filing of appropriate charges against personnel found to have committed sexual harassment.

Definitions and key parties

PNP Personnel means uniformed and non-uniformed members of the PNP.
Sexual Harassment is an act or series of acts involving any unwelcome sexual advances, requests or demands for sexual favor, or other verbal or physical behavior of a sexual nature committed by PNP personnel, regardless of whether the perpetrator has authority, influence, or moral ascendancy, against another in a work-related, training, or education environment, regardless of whether the demand, request, or requirement is accepted.
Sexual Harassment in Workplace is any unwanted sexual attention made explicitly or implicitly a condition for favorable decisions affecting employment, or that creates an intimidating, hostile, or offensive environment.
Supervisor means the immediate and direct supervisor who, by virtue of position or authority given by a competent authority, assigns work, monitors, and evaluates performance.
Subordinate means an employee under the immediate or direct supervision of a superior.
Peer means a co-employee with the same position title or functionally related position of comparable level within the same organizational unit.

Scope, coverage, and where it occurs

The circular applies to all PNP personnel holding any level of position and regardless of status.
Sexual harassment can occur in the premises of the workplace or office or of the school or training institution.
Sexual harassment can occur in any place where the parties were found as a result of work, education, or training responsibilities or relations.
Sexual harassment can occur at work or education/training-related social functions.
Sexual harassment can occur while on official business outside the office or school, or during work/school or education/training-related travel.
Sexual harassment can occur at official conferences, symposia, or training sessions.
Sexual harassment can occur by use of telephone, cellular phone, fax machine, or electronic mail.

Forms, liability, and responsibility

Sexual harassment includes illustrative forms of physical, verbal, use of objects/graphics/letters, and other analogous conduct.
Physical forms include malicious touching, overt sexual advances, and gestures with lewd insinuations.
Verbal forms include requests or demands for sexual favors and offensive remarks about sex or sexuality.
Sexual harassment includes the use of objects, pictures, graphics, letters, or written notes with sexual underpinnings.
Liability extends to any PNP personnel, regardless of sex, who directly participates, induces or directs others, or cooperates in the commission through acts without which the harassment would not have been accomplished, or through previous or simultaneous acts.
Direct participation includes executing any act of sexual harassment as defined by the circular.
Inducement or direction includes causing another or others to commit sexual harassment.
Cooperation includes assisting through indispensable acts, or through acts made before or in tandem with the harassment.

Committee structure and pre-filing assistance

The circular creates a Committee on Decorum and Investigation (CODI) in National Headquarters, National Support Units, Regional, and Provincial offices.
The CODI must receive complaints, investigate, and submit a report of findings with recommendations to the disciplining authority for decision.
The CODI must lead discussions on sexual harassment to increase understanding and prevent incidents.
The CODI must find ways to create an environment free of stresses and threats of sexual harassment.
A CODI member is disqualified from serving when the member is either the complainant or the person complained of.
Each CODI serves a maximum of two (2) year term of office, subject to earlier separation, resignation, retirement, reassignment/designation/detailed transfer, or dismissal from the PNP.
The circular lists committee membership by level, including designated directors and officers at:
- National Level (e.g., Deputy Chief of Administration (TCDA) as Chairman, Director for Investigation and Detective Management (TDIDM) as Vice Chairman, and other members including legal and community relations functions, plus NUP representatives and a DIDM secretariat head).
- National Support Units (including a Deputy Director (DD) as Chairman and an identified investigation secretariat head).
- Regional Level (including a Dep Reg’l Director for Admin (DRDA) as Chairman and a Chief, Investigation Section as Head, Secretariat).
- Provincial Level (including a Dep Prov’l Director for Admin (DPDA) as Chairman and a Chief, Investigation Section as Head, Secretariat).

Pre-filing standard operating procedures

The PNP may provide assistance to an alleged victim before formal filing through counseling, referral for professional help, and advice on available options.
Upon filing by the alleged victim, the alleged victim must be immediately transferred to another office where the respondent(s) cannot further intimidate the victim.

Complaint filing and standard procedure

A complaint may be filed at any time with PNP disciplining authorities or with CODI.
Upon receipt by the disciplining authority, the complaint must be transmitted to the CODI.
The complaint must be written, signed, and sworn by the complainant.
The complaint must contain:
- the full name and address of the complainant;
- the full name, address, and position of the respondent;
- a brief statement of relevant facts;
- evidence in support if any;
- a certification of non-forum shopping.
If the complaint lacks any required element, it must be dismissed without prejudice to re-filing.
If the complaint is not under oath, the CODI must summon the complainant to swear to the truth of allegations.
Complaints sent by telegram, radiogram, electronic mail, or similar means are considered non-filed unless the complainant complies with filing requirements within ten (10) days from receipt of the notice for compliance.
Withdrawal of the complaint at any stage does not preclude the CODI from proceeding when there is obvious truth or merit, or when there is documentary or direct evidence of guilt.
When the complainant withdraws despite obvious truth or merit, the complainant must be charged for dereliction of duty or contempt.

Action on the complaint; preliminary investigation timeline

When the CODI receives a complaint sufficient in form and substance, it must require the respondent to submit a Counter-Affidavit/Comment under oath within three (3) days from receipt of notice; failure results in the counter-affidavit/comment being treated as not filed.
The CODI must conduct a preliminary investigation involving ex-parte examination of documents submitted by both parties and documents readily available from other government offices.
During preliminary investigation, parties may submit affidavits and counter-affidavits.
Upon receipt of the counter-affidavit/comment, CODI may recommend whether a prima facie case exists warranting formal charge.
Preliminary investigation proceedings must be held under strict confidentiality.
A preliminary investigation must commence not later than five (5) days from CODI receipt of the complaint and must be terminated within fifteen (15) working days thereafter.
Within five (5) working days from termination, the CODI must submit the Investigation Report and complete case records to the disciplining authority.
If a prima facie case exists, the disciplining authority must issue a formal charge within three (3) working days from receipt of the Investigation Report.
If there is no prima facie case, the complaint must be dismissed within the same period.

Formal charge requirements; defenses; confidentiality controls

After finding a prima facie case, the disciplining authority must formally charge the respondent with a specification containing:
- the specification of the charge(s);
- a brief statement of material or relevant facts, with certified true copies of documentary documents, if any;
- a sworn statement covering witness testimony;
- a directive to answer charges in writing under oath within not less than seventy-two hours from receipt;
- advice on whether the respondent elects a formal investigation;
- notice that the respondent is entitled to be assisted by counsel of choice.
If the respondent submitted comment and counter-affidavits during preliminary investigation, the respondent must be given opportunity to submit additional evidence.
Requests for clarification, bills of particulars, or motions to dismiss that are obviously designed to delay are not to be entertained; any such pleading must be treated as part of the respondent’s answer.
The case pendency does not disqualify the respondent from claiming maternity/paternity benefits.
An administrative case is considered pending when the disciplining authority has issued a formal charge.
The respondent’s answer must be written and under oath, must be specific, and must include:
- material facts and applicable laws (if any),
- documentary evidence,
- sworn witness statements (if any),
- a statement indicating whether the respondent elects formal investigation.
If the respondent fails or refuses to file an answer within seventy-two (72) hours from receipt of formal charge without justifiable cause, the respondent is deemed to have waived the right, and formal investigation may commence.

Preventive suspension; remedies

Preventive suspension may be ordered upon petition of the complainant or motu proprio upon CODI recommendation, at any time after service of the formal charge, during formal investigation, when there are reasons to believe the respondent is probably guilty and would warrant removal.
Preventive suspension serves to remove the respondent from the misfeasance/malfeasance scene and prevent undue influence on witnesses or tampering with documentary evidence.
If the case is not finally decided within ninety (90) days from the date of preventive suspension, the respondent must be automatically reinstated, unless special law provides otherwise.
Delay caused by the respondent’s fault, negligence, or petition is excluded from the ninety (90) calendar day computation.
If the respondent is on paternity/maternity leave, preventive suspension is deferred or interrupted until the leave is fully enjoyed.
The respondent may file:
- a motion for reconsideration with the disciplining authority; or
- an appeal to the Civil Service Commission,
  within fifteen (15) days from receipt of the preventive suspension order.

Formal investigation process

A formal investigation must be conducted by CODI when necessary to decide the case judiciously.
Formal investigation must be held not earlier than five (5) days nor later than ten (10) days from receipt of the respondent’s answer.
The formal investigation must be finished within thirty (30) days from issuance of the formal charge or receipt of the answer.
CODI may conduct a pre-hearing conference at commencement of formal investigation, for stipulation and issue simplification, evidence identification/marking, waiver of admissibility objections, limitation of witnesses, fixing hearing dates, and other prompt-resolution matters.
Parties may submit position papers/memoranda and submit the case for resolution based on pre-hearing results without further hearing.
Hearings must follow the scheduled hearing dates set by CODI or agreed in pre-hearing conference.
If no pre-hearing conference is conducted, the parties, counsel, and witnesses must receive notice of at least five (5) days before the first scheduled hearing, including time, date, and place; afterward, schedule must be strictly followed without further notice.
A party is entitled to only three (3) postponements on oral or written requests.
Further postponement may be granted only on written request, subject to CODI discretion.
If the respondent fails to appear during a scheduled hearing despite due notice, the investigation proceeds ex-parte, and the respondent is deemed to have waived the right to be present and to submit evidence in those hearings.

Hearing mechanics and evidence rules

CODI must note appearances at the start of the hearing and proceed with reception of evidence for the complainant.
If the respondent appears without counsel, the respondent is deemed to have waived the right to counsel.
Before receiving a witness testimony, CODI must place the witness under oath, and obtain the witness’s name, address, civil status, age, and place of employment.
Any representative of a party must manifest appearance by stating full name and exact address for service; pleadings or appearances not complying are not recognized.
Hearing order (unless CODI directs otherwise) requires:
- complainant presents evidence in support of charge,
- respondent offers evidence for defense,
- complainant presents rebuttal,
- respondent offers sub-rebuttal.
Witness examination follows:
- direct examination by the proponent,
- cross-examination by the proponent,
- re-direct by the proponent,
- re-cross by the proponent.
A sworn statement of a witness, properly identified and affirmed before CODI, constitutes direct testimony.
After evidence is concluded, parties must formally offer evidence orally or in writing; objections may be made orally or in writing.
Parties may submit memoranda, which must not be beyond five (5) days after termination of investigation; failure to submit within the period constitutes waiver.
CODI resolves objections raised during hearing; objections that cannot be ruled upon by CODI must be noted so they may be included in the concerned party’s memorandum for decision by the disciplining authority.
CODI accepts all evidence deemed material and relevant; if doubt exists, evidence is admitted subject to the objection.
Documentary exhibits are marked letters (A, B, C, etc.) for complainant evidence and numbers (1, 2, 3, etc.) for respondent evidence.
Parties seeking witness attendance or document/thing production must request subpoenas at least three (3) days before the scheduled hearing.
CODI may issue:
- subpoena ad testificandum for witness attendance, and
- subpoena duces tecum for production of documents or objects.
Formal investigation proceedings must be recorded through shorthand, stenotype, or any other method.

Investigation report and decision timelines

Within fifteen (15) days after conclusion of the formal investigation, CODI must submit a formal report to the disciplining authority containing narration of established material facts, findings, evidence supporting findings, and recommendations; complete records must be attached.
Complete records must be systematically and chronologically arranged, paged, and securely bound to prevent loss; the officer in charge of transmittal is responsible for any loss or suppression of pages.
The disciplining authority must render a decision within thirty (30) days from receipt of the Investigation Report.

Finality of decisions and appellate remedies

Decisions imposing a penalty of suspension for not more than thirty (30) days or a fine not exceeding thirty (30) days salary are final and executory.
If the penalty is suspension exceeding thirty (30) days or a fine exceeding thirty (30) days salary, the decision is final and executory after the lapse of the reglementary period for filing a motion for reconsideration or an appeal and no pleading has been filed.

Motion for reconsideration

A party adversely affected may file a motion for reconsideration with the disciplining authority within fifteen (15) days from receipt of the decision.
A motion for reconsideration is deemed filed on the date stamped on the official copy by the proper receiving authority, or if sent by mail, on the date shown by the postmark on the envelope attached to the case records.
Grounds include:
- new evidence materially affecting the decision,
- the decision not supported by evidence on record,
- errors of law or irregularities prejudicial to the movant.
Only one motion for reconsideration is allowed.
Filing a motion for reconsideration within the fifteen (15) day period stays execution of the decision sought to be reconsidered.

Appeals to Civil Service Commission (and intermediate appeal)

Decisions imposing penalties 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, the appeal may be initially made to the Chief, PNP, and then finally to the Civil Service Commission.
Pending appeal, the decision is executory except where the penalty is removal, in which case it becomes executory only after confirmation by the Chief, PNP.
A notice of appeal, with appeal memorandum, must be filed with the appellate authority and copies furnished the disciplining office.
The disciplining office must submit the complete records within fifteen (15) days to the appellate authority, with comments.
A valid appeal does not stop executory effect; if exonerated, the respondent must be considered as under preventive suspension during pendency if suspension or removal is involved.
Mail appeals are deemed filed on the postmark date shown on the envelope attached to the records, or the date stamped upon personal delivery.
The appellant must pay an appeal fee of Five Hundred Pesos (P500.00) and attach the CODV of receipt to the appeal.

Perfection requirements and dismissal

To perfect an appeal, within fifteen (15) days from receipt of the decision, the appellant must submit:
- a notice of appeal stating the decision date and date of receipt,
- three (3) copies of the appeal memorandum with grounds, with a certified true copy of the decision and certified copies of documents/evidence,
- proof of service on the disciplining office,
- proof of payment of the appeal fee,
- a statement/certification of non-forum shopping.
Failure to comply within the fifteen (15) day period results in dismissal for failure to perfect.

Remand and CSC review mechanisms

When a Civil Service Commission appeal results in remand for further investigation, CODI must finish the investigation within three (3) calendar months from CSC receipt of records, unless delayed by the respondent’s fault, negligence, or petition, or extended by CSC in meritorious cases.
The delay period is excluded from computation of the prescribed period.
The disciplining authority must render decision within fifteen (15) days from submission of the investigation report to the disciplining authority; if no decision is rendered within that period, the CSC must vacate and set aside the appealed decision and declare the person complained of exonerated.
If the person complained of is under preventive suspension, the person must be immediately reinstated upon CSC vacating the decision.
Requests for extension of formal investigation are evaluated by the Civil Service Regional/Field Office or the Office for Legal Affairs of the Civil Service Commission, guided by justice and fair play, and extensions are not for more than twenty (20) days.
A Regional/Field Director monitors implementation of CSC remand and submits a report to the Civil Service Commission.
A complainant may elevate dismissal for lack of a prima facie case before the Civil Service Commission Proper through a petition for review within fifteen (15) days from receipt of the dismissal decision.
A party may elevate a Commission decision to the Court of Appeals by a petition for review under Rule 43 of the 1987 Revised Rules of Court.
When the disciplining authority acts without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction and there is no appeal or plain, speedy, adequate remedy, an aggrieved person may file a verified petition for certiorari under Rule 65 of the Rules of Court.

Classification of offenses and penalties

The circular classifies sexual harassment as grave, less grave, and light offenses.

Grave offenses

Grave offenses include:
- unwanted touching of private parts (genitalia, buttocks, and breast),
- sexual assault,
- malicious touching,
- requesting sexual favor in exchange for employment, promotion, local or foreign travels, favorable working conditions or assignments, a passing grade, the granting of honors or scholarship, or the grant of benefit or payment of a stipend or allowance,
- other analogous cases.

Less grave offenses

Less grave offenses include:
- unwanted touching or brushing against a victim’s body,
- pinching not falling under grave offenses,
- derogatory or degrading remarks with innuendoes toward members of one sex or sexual orientation or used to describe a person,
- verbal abuse or threats with sexual overtones,
- other analogous cases.

Light offenses

Light offenses include:
- surreptitiously looking at a person’s private part or worn undergarments,
- telling sexist/smutty jokes or sending them through text, electronic mail or similar means causing embarrassment or offense after the offender is advised they are offensive or embarrassing, or even without such advise when clearly embarrassing/offensive/without the ability to be avoided due to nature,
- 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 or advances or 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 to the receiver,
- other analogous cases.

Penalty rules

The head of office/unit who fails to act within fifteen (15) days from receipt of any properly filed complaint shall be charged with Neglect of Duty.
If personnel is found guilty, penalties must correspond to the gravity and seriousness of the offense.
Penalties by classification are:
- 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 up to six (6) months
  - 2nd offense: Dismissal
- Grave offense: Dismissal
If the respondent is found guilty of two or more charges or counts, the penalty must be based on the most serious charge or count, and the rest must be considered aggravating circumstances.

Repeal and severability effects

All rules, regulations, and other issuances, or portions inconsistent with this circular are repealed or modified accordingly.