Scope and Coverage
- Applies to all Philippine National Police (PNP) personnel regardless of rank or status.
- Details legal bases, principles, and procedures for resolving sexual harassment cases within PNP.
Objectives
- Recognizes all PNP personnel can be victims irrespective of age, sex, or status.
- Institution of a system for handling complaints and filing appropriate charges in sexual harassment cases.
Definitions
- PNP Personnel: Uniformed and Non-Uniformed members.
- Sexual Harassment: Unwelcome sexual advances or behavior in work/training environments, regardless of consent.
- Supervisor, Subordinate, Peer: Defined according to roles in organizational hierarchy.
Work-related and Education/Training-related Sexual Harassment
- Work-related harassment involves conditions affecting employment decisions, creating hostile work environments, or causing discomfort or offense.
- Education/training harassment involves influence over academic or training decisions or environments.
Places Where Sexual Harassment May Occur
- Workplace premises, educational/training institutions, work-related social functions.
- Official business or conferences, and through electronic communication.
Forms of Sexual Harassment
- Physical (e.g., malicious touching), verbal (e.g., requests for favors), use of objects or written materials.
Persons Liable
- Any PNP personnel who directly participates, induces, directs, or cooperates in sexual harassment acts.
Committee on Decorum and Investigation (CODI)
- Established at various PNP levels to receive, investigate complaints, submit findings, and promote preventive discussions.
- Specific compositions for National, Support, Regional, and Provincial levels.
Pre-Filing Procedures
- Includes victim assistance, counseling, and immediate transfer of complainant upon filing to prevent intimidation.
Standard Procedural Requirements
- Complaint must be written, sworn, include names, facts, evidence, and certification of non-forum shopping.
- Preliminary investigation conducted confidentially within 15 working days.
- Decision to issue formal charges or dismiss complaint based on prima facie case.
- Formal charge detailed with facts, evidence, directive to answer, and rights advisory.
- Procedures for answers, failure to answer, preventive suspension, hearing, subpoenas, evidence marking, and record keeping outlined.
Duration of Proceedings
- Preliminary investigation: starts within 5 days of complaint, ends within 15 working days.
- Formal investigation: conducted if necessary, finished within 30 days after charges or answer.
- Decisions on cases rendered within 30 days of investigative report.
Remedies and Appeals
- Motion for reconsideration within 15 days from receipt of decision.
- Appeal to CSC for penalties exceeding 30 days suspension or fines.
- Conditions for appeal perfection and fees specified.
- Petition for certiorari available if jurisdictional issues arise.
Classification of Sexual Harassment Offenses
- Grave offenses: e.g., sexual assault, unwanted touching of private parts, requests for sexual favors tied to benefits.
- Less grave offenses: e.g., unwanted brushing against body, sexual verbal abuse, derogatory remarks.
- Light offenses: e.g., ogling, sexist jokes, offensive gestures, unwelcome flirtation or calls.
Administrative Liabilities and Penalties
- Failure of office heads to act on complaints is neglect of duty.
- Penalties for light offenses: reprimand to dismissal on repeated offenses.
- Penalties for less grave: fines or suspension up to dismissal.
- Grave offenses result in dismissal.
- Multiple charges handled by imposing the penalty for the gravest offense.
Repealing Clause
- Inconsistent rules and regulations superseded by this circular.
Effectivity
- Takes effect 15 days after filing with the University of the Philippines Law Center per existing laws.