Rules on Administrative Sexual Harassment Cases

Legal policy and implementing authority

The Rules recognize that sexual harassment violates dignity and defeats the right to a humane, just, and safe work environment, impairing morale and efficiency and violating the fitness and merit principle in the civil service.
The Rules are issued to implement the requirement under Section 4(a) of Republic Act No. 7877 that every employer or head of agency promulgate rules for investigation procedures and administrative sanctions.
The Rules conform to the procedural and substantive framework of CSC Resolution No. 01-0940 on administrative sexual harassment disciplinary rules, particularly for administrative offenses in government workplaces.
Section 87 of the Philippine Foreign Service Act of 1991 empowers the Secretary of Foreign Affairs to issue rules to implement the Act and related laws.

Definitions and key terms

Section 3 defines “DEPARTMENT” as the Department of Foreign Affairs.
Section 3 defines “PRESIDENT” as the President of the Philippines.
Section 3 defines “SECRETARY” as the Secretary of Foreign Affairs.
Section 3 defines “BFSA” as the Board of Foreign Service Administration.
Section 3 defines “CODI” as the Committee on Decorum and Investigation.
Section 3 defines “OPAS” as the Office of Personnel and Administrative Services.
Section 3 defines “DISCIPLINING AUTHORITY” as:
- the President for officers with rank Foreign Service Officer IV and higher; and
- the Secretary for all other personnel referred into Section 2, Rule I.
Section 3 defines “RESPONDENT” as the person formally charged by the BFSA, and “PERSON COMPLAINED OF” as the person subject of a complaint but not yet formally charged by the BFSA.

Scope of the administrative offense

Section 6 defines administrative sexual harassment as an act or series of acts involving any unwelcome sexual advance, request or demand for sexual favor, or other verbal or physical behavior of a sexual nature committed by an officer or employee in a work-related or education/training-related environment of the person complained of.
Section 6(a) specifies when work-related administrative sexual harassment is committed where the act or series of acts:
1. is used as a basis for any employment decision affecting the applicant/employee; or
2. has the purpose or effect of interfering with work performance or creating an intimidating, hostile, or offensive environment; or
3. might reasonably be expected to cause discrimination, insecurity, discomfort, offense, or humiliation to a complainant who may be a co-employee, applicant, customer, or ward.
Section 6(b) specifies when education/training-related administrative sexual harassment is committed where the complainant is under the offender’s actual or constructive care, custody, supervision, or entrusted education/training/apprenticeship/internship/tutorship, including when the act or series of acts:
1. is used as a basis for decisions affecting the complainant, including grading, honors, scholarship, stipend/allowance, or benefits/privilege/consideration; or
2. interferes with performance or creates an intimidating, hostile, or offensive academic environment; or
3. might reasonably be expected to cause discrimination, insecurity, discomfort, offense, or humiliation to a trainee/apprentice/intern/tutee/ward.
Section 7 states that administrative sexual harassment may take place in: the Home Office, any RCO, FSP, or Honorary Consulates; any place the parties are found due to work or education/training responsibilities; work/education/training-related social functions; while on official business outside those places or during work/school/training-related travel; official conferences/fora/symposia/training sessions; or by telephone, cellular phone, fax machine, or electronic mail.

CODI mechanisms and filing rules

Section 10 requires creation of a Committee on Decorum and Investigation (CODI) in the Home Office and in the RCOs, and wherever practicable in FSPs and Honorary Consulates.
Section 10 tasks the CODI to:
- receive complaints;
- investigate in accordance with the Rules;
- submit findings and recommendation to the BFSA, which then submits a recommendation to the Secretary for decision (and for cases involving FSO IV and higher, the Secretary does not decide and instead submits recommendation to the President for decision);
- lead agency discussions to prevent incidents;
- recommend measures to expedite investigation and adjudication;
- lead formulation and implementation of deterrence improvements using portions of the GAD Program budget; and
- formulate internal administrative rules within 30 calendar days from formation, subject to Secretary approval within 10 days from submission.
Section 11 provides the Home Office CODI composition, including:
- Chair: Director, OLA Investigation and Prosecution Division (unless the complainant or respondent is a Chief of Mission, in which case the Chair is the Assistant Secretary of OLA);
- Vice-Chair: Director of OPAS-PMD;
- members including the Department GAD focal person, representatives from DFAPA, DFARFA, and UNIFORS, and a representative from an attached agency when the complainant or person complained of is personnel of that attached agency.
Section 11 requires disqualification of any CODI member who is the complainant or person complained of in the case; the Secretary appoints a replacement.
Section 4 authorizes filing of required affidavits, counter-affidavits, motions, petitions, appeals, or pleadings personally, by registered mail, or through the diplomatic pouch if the filer is assigned abroad.
Section 4 deems filing date as: receipt by proper office (personal), date of mailing shown by post office stamp or registry receipt (registered mail), or date submitted to person in charge at Post for pouch inclusion (diplomatic pouch).
Section 5 governs time computation: exclude the day the act/event occurs; include the day of performance; if the last day falls on a Saturday, Sunday, or legal holiday, time runs until the next working day.

Investigation and adjudication procedure

Section 12 directs GAD to adopt mechanisms to assist an alleged victim before complaint filing, including counseling, referral to professional help, and advice on options.
Section 14(a) allows filing during office hours with either the Office of the Secretary, OPAS, or the CODI with jurisdiction over the person complained of.
Section 14(a) requires immediate transmission to the proper CODI if the complaint is received by the Office of the Secretary or OPAS.
Section 14(b) requires the complaint be written, signed, and sworn, and contain: full name/address/position of complainant; full name/address/position of respondent; brief statement of relevant facts; evidence if any; and certification of non-forum shopping.
Section 14(b) mandates dismissal by the CODI immediately if any required element is missing, but the dismissal is without prejudice to re-filing.
Section 14(c) treats telegram/radiogram/e-mail or similar submissions as not filed unless the complainant complies with Section 14(b) within three (3) days from receipt of notice for compliance.
Section 14(d) permits continued investigation despite withdrawal if there is obvious truth or merit or documentary/direct evidence of guilt; a CODI dismissal is treated as decision on the merits and with prejudice.
Section 15 requires the CODI, within three (3) days from receipt of a sufficient complaint, to require the respondent to file a Counter-Affidavit/Comment under oath within three (3) days, furnishing a copy to the complainant; otherwise, it is treated as not filed.
Section 16 requires a Preliminary Investigation within three (3) days from receipt of the Counter-Affidavit/Comment to determine whether a prima facie case exists.
Section 16 characterizes preliminary investigation as ex parte examination of records/documents, with parties allowed to submit additional affidavits; parties may be summoned for conference for clarificatory questions.
Section 16 requires strict confidentiality for CODI proceedings during the preliminary investigation.
Section 17 mandates termination of the preliminary investigation within 15 working days after commencement.
Section 18(a) requires the CODI to submit the Preliminary Investigation Report and complete case records to the BFSA within three (3) working days from termination; if a prima facie case is found, the CODI attaches a draft Formal Charge.
Section 18(b) requires BFSA to deliberate and decide at the next regular or special meeting after CODI submission.
Section 18(c) requires formal charge issuance by BFSA during that meeting if prima facie case exists, with a copy furnished to CODI; otherwise, the complaint is dismissed by BFSA during that meeting.
Section 19 requires the Formal Charge to include: specification of charges; brief relevant facts; certified true copies of documentary evidence (if any); sworn witness statements (if any); directive to answer in writing under oath within not more than three (3) days from receipt; advice on whether respondent elects formal investigation; and notice of right to counsel.
Section 19 prohibits CODI/BFSA from entertaining requests for clarification, bills of particulars, or motions to dismiss designed to delay; such pleadings are treated as part of respondent’s answer within the remaining period.
Section 20 requires the Answer be written and under oath, specific, containing material facts and applicable laws, evidence, sworn witness statements, and a statement on election for formal investigation; it must be submitted to CODI with copies to BFSA and complainant, or it is deemed not filed.
Section 21 treats failure/refusal to file the Answer within three (3) days from receipt of Formal Charge (without justifiable cause) as waiver of the right to answer, allowing formal investigation to commence.
Section 22 allows preventive suspension upon petition of complainant or motu proprio upon CODI/BFSA recommendation, at any time after service of Formal Charge, by the disciplining authority when there are reasons to believe the respondent is probably guilty warranting removal.
Section 22 authorizes preventive suspension to remove the respondent from the scene to preclude undue influence on witnesses and tampering with documentary evidence; it also authorizes reassignment in lieu of preventive suspension for the same purposes.
Section 23 provides that if the case is not finally decided within 90 days from preventive suspension (unless otherwise provided by special law), the respondent is automatically reinstated; delays due to respondent’s fault/negligence/petition are excluded from the 90-day count, and preventive suspension is deferred/ interrupted if respondent is on approved leave.
Section 24 grants the respondent a motion for reconsideration within 15 days from receipt of preventive suspension order; filing within the period stays execution is governed by Section 44 on motions for reconsideration (see remedies), and under Section 24 the timely grant entitles automatic reinstatement without loss of seniority and with all salaries/benefits due during nullified preventive suspension.
Section 24 allows appeal to the Civil Service Commission of preventive suspension orders issued by the Secretary within 15 days from receipt.
Section 25 requires CODI to conduct formal investigation even if respondent does not request, if CODI deems necessary for a judicious decision.
Section 25 sets timing: formal investigation held not earlier than 5 days nor later than 10 days from receipt of respondent’s Answer; it must be finished within 30 calendar days from commencement.
Section 26 authorizes CODI at commencement to hold a pre-hearing conference to: stipulate facts; simplify issues; identify/mark evidence; waive objections on admissibility; limit number and names of witnesses; set subsequent hearing dates; and address other matters for prompt resolution.
Section 26 allows submission of position papers/memoranda based on pre-hearing conference results without further hearing, and requires CODI to inform respondent of the right to counsel.
Section 27 requires continuous hearing on scheduled dates; if no pre-hearing conference is conducted, parties receive notice of at least 5 days before first hearing with time/date/place and later schedules; only 3 postponements are allowed upon oral or written request.
Section 27 provides that failure to appear despite due notice results in ex parte investigation and deemed waiver of right to be present and submit evidence.
Section 28 requires CODI to note appearances; if respondent appears without counsel, CODI deems waiver of counsel right; CODI must place witnesses under oath and take name, address, civil status, age, and place of employment before testimony.
Section 29 requires any representative/appearing counsel to manifest appearance and state full name and exact address for service; pleadings or appearances not complying are not recognized.
Section 30 sets the order of hearing: complainant presents evidence first; then respondent evidence; then rebuttal/sur-rebuttal; witness examination follows direct, cross, re-direct, and re-cross; sworn witness statement properly affirmed before CODI constitutes direct testimony.
Section 30 allows objections to evidence and requires parties’ memoranda submission no later than 5 days after termination of investigation; failure to submit within period waives memorandum.
Section 31 requires CODI to resolve all objections and accept all evidence deemed material and relevant.
Section 32 requires marking documents: complainant’s exhibits by letters (A, B, C); respondent’s exhibits by numbers (1, 2, 3); all become part of complete records.
Section 33 allows a party to request subpoena issuance for attendance/production at least 3 days before the scheduled hearing.
Section 34 empowers CODI to issue subpoena ad testificandum and subpoena duces tecum.
Section 35 requires that formal investigation proceedings be recorded by shorthand, stenotype, or other method.
Section 36 provides that pendency of an administrative sexual harassment case does not disqualify respondent for promotion or claiming personnel benefits; an officer/employee is considered “pending” only when BFSA has issued a formal charge.
Section 37 requires the CODI, within 15 days after formal investigation conclusion, to submit to BFSA a report with: narration of material facts established; findings; evidence supporting findings; recommendations; and complete records attached, with a draft decision included.
Section 37 requires that if no formal investigation occurred, CODI still submits within 15 days from receipt of respondent’s Answer a report and recommendation based on existing records and evidence.
Section 37 requires CODI to attach a draft decision and to bind/arrange records chronologically, paginate, and secure them with a table of contents; the transmittal officer is responsible for loss or suppression of pages.
Section 37 requires BFSA deliberation and decision on CODI recommendation at the next regular or special meeting after receipt of the report.
Section 38 differentiates decision routing:
- For cases involving officers with rank FSO IV and higher, BFSA submits recommendation to the Secretary within 5 days from BFSA meeting; BFSA includes entire records and a draft recommendation to the President; the Secretary submits a recommendation to the President within 15 days from receipt; the President renders final decision observing Office of the President rules.
- For other personnel, BFSA submits recommendation to the Secretary within 5 days, including entire records and a draft decision for consideration; the Secretary decides within 30 days from receipt of BFSA recommendation.
Section 39 provides finality: a decision by the disciplining authority is final and executory 15 days after receipt by the party adversely affected if no motion for reconsideration or appeal is filed.

Remedies, appeals, and due process effects

Section 40 allows any party to file a motion for reconsideration with the disciplining authority who rendered the decision within 15 days from receipt.
Section 41 limits grounds for reconsideration to:
- discovery of new and material evidence the respondent could not with reasonable diligence have discovered and produced during the material investigation that materially affects the decision;
- decision not supported by evidence on record; or
- errors of law or prejudicially prejudicial irregularities.
Section 42 permits only one motion for reconsideration.
Section 43 requires the Secretary to decide the motion for reconsideration within 15 days from receipt.
Section 44 provides that filing a motion for reconsideration within the 15-day period stays execution of the decision sought to be reconsidered.
Section 45 allows decisions rendered by the Secretary to be appealed to the Civil Service Commission within 15 days from receipt.
Section 45 requires an appeal notice with an appeal memorandum filed with the CSC, with copy furnished to the Secretary, and requires the Secretary to submit complete records and a comment within 15 days to the CSC; CSC rules must be strictly observed.
Section 46 governs remand due to due process violation: if CSC remands to the Secretary for further investigation, the Secretary, through CODI, must finish investigation within 3 calendar months from receipt of CSC records unless delayed due to respondent fault/negligence/petition or CSC grants extension in meritorious cases.
Section 46 provides that periods of delay due to respondent fault/negligence/petition are excluded from computation of the prescribed period.
Section 46 treats executed decisions of the Secretary as preventive suspension during the remand period for further investigation.
Section 46 provides that if the Secretary fails to decide within the period, the CSC vacates and sets aside the appealed decision and declares the person complained of exonerated.
Section 46 further provides that if the person complained of is on or deemed on preventive suspension, reinstatement is immediate without loss of seniority rights, salaries, and benefits.
Section 47 makes President and CSC decisions appealable to the Court of Appeals under Rule 43 of the 1997 Rules of Court.
Section 48 states that appeal does not stay execution; if penalty is suspension or removal and respondent wins the appeal, respondent is considered as having been under preventive suspension during the pendency.

Classification of offenses and penalties

Section 49 classifies administrative sexual harassment as grave, less grave, or light offenses.
Section 49(A) defines grave offenses to 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 travel/favorable working conditions or assignments/passing grade/honors or scholarships/benefits or stipend or allowance; and other analogous cases.
Section 49(B) defines less grave offenses to include: unwanted touching or brushing against a victim’s body; pinching not falling under grave offenses; derogatory or degrading remarks or innuendoes directed toward members of one sex or one’s sexual orientation or used to describe a person; verbal abuse or threats with sexual overtones; and other analogous cases.
Section 49(C) defines light offenses to include: surreptitiously looking or stealing a look at private parts or worn undergarments; sexist/smutty jokes or sending them via text, electronic mail or similar means causing embarrassment or offense after being advised they are offensive or embarrassing, or even without advice where by nature clearly embarrassing, offensive, or vulgar; malicious leering or ogling; displaying sexual offensive pictures/materials or graffiti; unwelcome inquiries or comments about sex life; unwelcome sexual flirtation/advances/propositions; 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; and other analogous cases.
Section 52 sets penalty ranges:
- For light offenses:
  - 1st offense: Reprimand;
  - 2nd offense: Fine or suspension not exceeding 30 days;
  - 3rd offense: Dismissal.
- For less grave offenses:
  - 1st offense: Fine or suspension not less than 30 days and not exceeding 6 months;
  - 2nd offense: Dismissal.
- For grave offenses:
  - 1st offense: Fine or suspension of 6 months to 1 year;
  - 2nd offense: Dismissal.
Section 51 requires that once found guilty, the penalty corresponds to the gravity and seriousness of the offense.
Section 51 (two or more charges/counts) provides that if the respondent is found guilty of two or more charges/counts, the penalty corresponds to the most serious charge or count, and the others are aggravating circumstances.
Section 50 creates administrative liability for inaction: the Secretary, Assistant Secretary for Personnel and Administrative Services, or the CODI chairman and members who fail to act within 15 days from receipt of a properly filed complaint may be charged with Neglect of Duty.
Section 52 applies the listed penalty scheme by offense gravity and number of offenses.

Department duties, forum shopping, and prescription

Section 53 requires OPAS, in coordination with GAD and the Foreign Service Institute (FSI) to develop education and training programs for Department officials/employees and CODI members to increase understanding, prevent occurrence, and ensure proper investigation, prosecution, and resolution.
Section 54 imposes forum-shopping control: under the same ultimate facts, filing a complaint under these Rules precludes filing another administrative complaint under any other law.
Section 55 provides prescription: administrative sexual harassment prescribes within 3 years from its commission.

Repeal and separability effects

Section 56 repeals or modifies any rules, regulations, or other issuances or parts inconsistent with these Rules.
Section 57 provides the effectivity rule: 15 days after publication in the Official Gazette and deposit in the National Administrative Register.