REPUBLIC ACT NO.

7877
     
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN
THE EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND
FOR  OTHER PURPOSES.

  Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled: 

        SECTION 1. Title. - This Act shall be known as the "Anti-Sexual Harassment Act of
1995." 
  
      SECTION 2. Declaration of Policy. - The State shall value the dignity of every
individual, enhance the development of its human resources, guarantee full respect for
human rights, and uphold the dignity of workers, employees, applicants for employment,
students or those undergoing training, instruction or education. Towards this end, all
forms of sexual harassment in the employment, education or training environment are
hereby declared unlawful. 

      SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined. -

Work, education or  training-related sexual harassment is committed by an employer,
employee, manager, supervisor, agent of the employer, teacher, instructor, professor,
coach, trainor, or any other  person who, having authority, influence or moral
ascendancy  over another in a work or training or education environment, demands,
requests or otherwise requires any sexual favor  from the other, regardless of whether the
demand, request or  requirement for submission is accepted by the object of said Act. 
  
      (a) In a work-related or employment environment, sexual  harassment is committed
when:
      (1) The sexual favor is made as a condition in the hiring or  in the
employment, re-employment or continued employment  of said individual,
or in granting said individual favorable compensation, terms of conditions,
promotions, or privileges;  or the refusal to grant the sexual favor results in
limiting, segregating or classifying the employee which in any way  would
discriminate, deprive ordiminish employment opportunities or otherwise
adversely affect said employee;
     (2) The above acts would impair the employee's rights or  privileges
under existing labor laws; or 
      (3) The above acts would result in an intimidating, hostile,  or offensive
environment for the employee.
       (b) In an education or training environment, sexual harassment is committed:      
(1) Against one who is under the care, custody or supervision of the
offender;  
(2) Against one whose education, training, apprenticeship  or tutorship is
entrusted to the offender; 
(3) When the sexual favor is made a condition to the giving  of a passing
grade, or the granting of honors and scholarships,  or the payment of a
stipend, allowance or other benefits,  privileges, or consideration; or 
(4) When the sexual advances result in an intimidating, hostile or offensive
environment for the student, trainee or  apprentice.
      Any person who directs or induces another to commit any  act of sexual harassment as
herein defined, or who cooperates  in the commission thereof by another without which it
would  not have been committed, shall also be held liable under this  Act. 

    SECTION 4. Duty of the Employer or Head of Office  in a Work-related, Education or

Training Environment. - It shall be the duty of the employer or the head of the  work-
related, educational or training environment or institution, to prevent or deter the
commission of acts of sexual harassment and to provide the procedures for the
resolution,  settlement or prosecution of acts of sexual harassment. Towards this end, the
employer or head of office shall: 
 
      (a) Promulgate appropriate rules and regulations in consultation with and joint1y
approved by the employees or  students or trainees, through their duly designated
representatives, prescribing the procedure for the investigation of  sexual harassment
cases and the administrative sanctions therefor. 
  
      Administrative sanctions shall not be a bar to prosecution  in the proper courts for
unlawful acts of sexual harassment. 
  
       The said rules and regulations issued pursuant to this  subsection (a) shall include,
among others, guidelines on  proper decorum in the workplace and educational or
training institutions.  

      (b) Create a committee on decorum and investigation of  cases on sexual harassment.
The committee shall conduct  meetings, as the case may be, with officers and
employees,  teachers, instructors, professors, coaches, trainors, and students or trainees
to increase understanding and prevent  incidents of sexual harassment. It shall also
conduct the  investigation of alleged cases constituting sexual harassment. 

      In the case of a work-related environment, the committee  shall be composed of at

least one (1) representative each from  the management, the union, if any, the employees
from the  supervisory rank, and from the rank and file employees.

     In the case of the educational or training institution, the  committee shall be composed
of at least one (1) representative  from the administration, the trainors, instructors,
professors  or coaches and students or trainees, as the case may be. 
 
      The employer or head of office, educational or training  institution shall disseminate
or post a copy of this Act for the  information of all concerned. 
  
      SECTION 5. Liability of the Employer, Head of  Office, Educational or Training
Institution. -The employer or head of office, educational or training institution  shall be
solidarily liable for damages arising from the acts of   sexual harassment committed in
the employment, education or training environment if the employer or head of
office,  educational or training institution is informed of such acts by  the offended party
and no immediate action is taken. 
  
     SECTION 6. Independent Action for Damages. -  Nothing in this Act shall preclude
the victim of work, education or training-related sexual harassment from instituting
a  separate and independent action for damages and other affirmative relief. 
     SECTION 7. Penalties. - Any person who violates the   provisions of this Act shall,
upon conviction, be penalized by   imprisonment of not less than one (1) month nor more
than six (6) months, or a fine of not less than Ten thousand pesos  (P10,000) nor more
than Twenty thousand pesos (P20,000), or  both such fine and imprisonment at the
discretion of the court. 
 
      Any action arising from the violation of the provisions of  this Act shall prescribe in
three (3) years. 
  
   SECTION 8. Separability Clause. - If any portion or  provision of this Act is declared
void or unconstitutional, the  remaining portions or provisions hereof shall not be
affected  by such declaration. 
  
      SECTION 9. Repealing Clause. - All laws, decrees, orders, rules and regulations, other
issuances, or parts thereof  inconsistent with the provisions of this Act are hereby
repealed or modified accordingly. 
      SECTION 10. Effectivity Clause.- This Act shall take  effect fifteen (15) days after its
complete publication in at least  two (2) national newspapers of general circulation. 

 
 Republic of the Philippines
CIVIL SERVICE COMMISSION
 

  RESOLUTION NO. 01-0940

 
ADMINISTRATIVE DISCIPLINARY RULES ON SEXUAL HARASSMENT CASES
 
WHEREAS, Section 11, Article II of the 1987 Philippine Constitution provides
that the State values the dignity of every human person and guarantees full
respect for human rights.

WHEREAS, the Vienna Declaration and Programme of Action of the World

Conference on Human Rights (June 1993) and the Beijing Declaration and
Platform for Action of the Fourth World Conference on Women (September 1995)
reaffirm the equal rights and inherent human dignity of women and men, and
particularly the human rights of women as an inalienable, integral and
indivisible part of all human rights and fundamental freedoms.

WHEREAS, the Philippines, with other States of the World, has reaffirmed,
through the Vienna Declaration and Programme of Action and the Beijing
Declaration and Platform for Action, its solemn commitment to fulfill its
obligations to promote universal respect for, and observance and protection of
all human rights and fundamental freedoms for all in accordance with the
Charter of the United Nations, other instruments relating to human rights, and
international law;

WHEREAS, the Vienna Declaration and Programme of Action stresses that all
forms of sexual harassment are incomparable with the dignity and worth of the
human person and must be eliminated by legal measures and through national
action, while the Beijing Platform for Action specifically mandates Governments
to “enact and/or reinforce penal, civil, labour and administrative sanctions in
domestic legislation to punish and redress” violence against women including
sexual harassment and “develop programmes and procedures to eliminate sexual
harassment and other forms of violence against women in all educational
institutions, workplaces and elsewhere;”

WHEREAS, the Philippine Congress enacted on February 14, 1995, Republic Act

No. 7877, otherwise known as the “Anti-Sexual Harassment Act of 1995”, which
took effect on March 5, 1995 and declares unlawful sexual harassment against
women and men in the employment, education and training environment.

WHEREAS, Section 4 (a) of Republic Act No. 7877 mandates every employer or

head of agency in the public and private sectors to promulgate rules and
regulations prescribing the procedure for the investigation of sexual harassment
cases and the administrative sanctions therefor;
WHEREAS, there is a need to devise uniform rules and regulations particularly
in the definition of the administrative offense of sexual harassment and the
sanctions therefor, and the procedures for the administrative investigation,
prosecution and adjudication of sexual harassment cases.

WHEREAS, Section 3, Article IX (B) of the 1987 Constitution, Section 1 and

Section 12 (19), Subtitle A, Title I of Book V of the Administrative Code of 1987
(Executive Order No. 292) and Section 4 (B), Republic Act No. 6713, otherwise
known as the “Code of Conduct and Ethical Standards for Public Officials and
Employees,” empower the Civil Service Commission, as the central personnel
agency of the Government, to adopt positive measures for the observance of
substantive and procedural administrative standards, including standards for
the personal conduct of government officials and employees, in order to promote
morale, efficiency, integrity, responsiveness and progressiveness in the entire
government bureaucracy;

WHEREAS, Section 4 of Republic Act NO. 6713 provides norms of personal

conduct for public officials and employees to observe in the performance of
official duties, and specifically directs that they shall act without discrimination
against anyone, and shall at all times respect the rights of others and refrain
from doing acts contrary to law, good morals, good customs, public policy,
public order, public safety and public interest;

WHEREAS, sexual harassment violates the dignity of workers and their right to
humane, just and safe work environment, defeats and impairs morale and
efficiency in the workplace, and violates the merit and fitness principle in the
civil service.

NOW, THEREFORE, this Commission hereby promulgates these Rules and

Regulations defining the administrative offense of sexual harassment and
prescribing the standard procedure for the administrative investigation and
resolution of sexual harassment cases in the public sector. 
 

RULE I.
TITLE
  
Section I. These Rules shall be known as the "Administrative Disciplinary Rules
on Sexual Harassment Cases." 
 
RULE II.
COVERAGE
  
Section 2. These Rules shall apply to all officials and employees in government,
whether in the career or non-career service and holding any level of position,
including Presidential appointees and elective officials, regardless of status, in
the national or local government, state colleges and universities, including
government-owned or controlled corporations, with original charters. 
 
RULE III.
DEFINITION
  
Section 3. For the purpose of these Rules, the administrative offense of sexual
harassment is an act, or a series of acts, involving any unwelcome sexual
advance, request or demand for a sexual favor, or other verbal or physical
behavior of a sexual nature, committed by a government employee or official in a
work-related, training or education related environment of the person
complained of.
(a) Work related sexual harassment is committed under the following
circumstances: 
 
(1) submission to or rejection of the act or series of acts is used as a
basis for any employment decision (including, but not limited to,
matters related to hiring, promotion, raise in salary, job security,
benefits and any other personnel action) affecting the
applicant/employee; or

(2) the act or series of acts have the purpose or effect of interfering
with the complainant’s work performance, or creating an
intimidating, hostile or offensive work environment; or

(3) the act or series of acts might reasonably be expected to cause

discrimination, insecurity, discomfort, offense or humiliation to a
complainant who may be a co-employee, applicant, customer, or
word of the person complained of.

(b) Education or training-related sexual harassment is committed against

one who is under the actual or constructive care, custody or supervision
of the offender, or against one whose education, training, apprenticeship,
internship or tutorship is directly or constructively entrusted to, or is
provided by, the offender, when: 
 
(1) submission to or rejection of the act or series of acts as a basis
for any decision affecting the complainant, including, but not
limited to, the giving of a grade, the granting of honors or a
scholarship, the payment of a stipend or allowance, or the giving of
any benefit, privilege or consideration.

(2) the act or series of acts have the purpose or effect of interfering
with the performance, or creating an intimidating, hostile or
offensive academic environment of the complainant; or

(3) the act or series of acts might reasonably expected to cause

discrimination, insecurity, discomfort, offense or humiliation to a
complainant who may be a trainee, apprentice, intern, tutee or ward
of the person complained of.

Section 4. Sexual harassment may take place:

1. in the premises of the workplace or office or of the school or training
institution;
 2. in any place where the parties were found as a result of work or
education or training responsibilities or relations;

3. at work or education or training-related social functions;

4. while on official business outside the office or school or training

institution or during work or school or training-related travel;

5. at official conferences, fora, symposia or training sessions; or

6. by telephone, cellular phone, fax machine or electronic mail.

RULE IV.
FORMS OR SEXUAL HARASSMENT
  
Section 5. The following are illustrative forms of sexual harassment:
(a) Physical 
 
i. Malicious Touching;

ii. Overt sexual advances;

iii. Gestures with lewd insinuation.

(b) Verbal, such as but not limited to, requests or demands for sexual
favors, and lurid remarks;

(c) Use of objects, pictures or graphics, letters or writing notes with sexual
underpinnings;

(d) Other forms analogous to the forgoing.

RULE V.
PERSONS LIABLE FOR SEXUAL HARASSMENT
  
Section 6. Any government official or employee, regardless of sex, is liable for
sexual harassment when he/she:
(a) directly participates in the execution of any act of sexual harassment
as defined by these Rules;

(b) induces or directs another or others to commit sexual harassment as

defined by these Rules;

(c) cooperates in the commission of sexual harassment by another

through an act without which the sexual harassment would not have
been accomplished;

(d) cooperates in the commission of sexual harassment by another

through previous or simultaneous acts.

RULE VI.
 COMMITTEE ON DECORUM AND INVESTIGATION OF SEXUAL HARASSMENT
CASES
  
Section 7. A Committee on Decorum and Investigation shall be created in all
national or local agencies of the government, state colleges and universities,
including government-owned or controlled corporations with original charter. 
The Committee shall perform the following functions:
(a) Receive complaints of sexual harassment;

(b) Investigate sexual harassment complaints in accordance with the

prescribed procedure;

(c) Submit a report of its findings with the corresponding recommendation

to the disciplining authority for decision;

(d) Lead in the conduct of discussions about sexual harassment within

the agency or institution to increase understanding and prevent incidents
of sexual harassment;

Localized Committees on Decorum and Investigation established in the regional

or field offices, as the case may be, of the agency or institution shall have the
same functions as stated above and shall submit the report of investigation with
its recommendation directly to the disciplining authority.

When a member of the Committee is the complainant or the person complained

of in a sexual harassment case, he/she shall be disqualified from being a
member of the Committee.

Section 8. Composition. - In a work-related environment, a Committee on

Decorum and Investigation shall be composed of at least one (1) representative
each from the management, the accredited union, if any, the second level
employees, and from the first level employees, duly selected by the unit
concerned.

In an educational or training institution, the Committee shall be composed of at

least one (1) representative from the administration, the trainers, teachers,
instructors, professors or coaches, and students or trainees, as the case may
be, duly selected by the level concerned.

Section 9. The agency may formulate its own rules governing the term of office
of its members which should be more than two years, and other matters
pertaining to the functions of the Committee not otherwise provided in these
Rules. 
 

RULE VII.
PRE-FILING STANDARD OPERATING PROCEDURES IN ATTENDING TO
VICTIMS OF SEXUAL HARASSMENT
  
Section 10. The Pre-filing Stage. – The agency may adopt mechanisms to
provide assistance to an alleged victim of sexual harassment which may include
counseling, referral to an agency offering professional help, and advice on
options available before the filing of the complaint. 
 
RULE VIII.
STANDARD PROCEDURAL REQUIREMENTS
  
Section 11. The procedural rules provided hereunder are the standard
requirements in handling a sexual harassment case.

Section 12. Complaint.

(a) The complaint may be filed at any time with the disciplining authority
of the office or agency, or with the Committee on Decorum and
Investigation.  Upon receipt of the complaint by the disciplining authority
of the office or agency, the same shall be transmitted to the Committee on
Decorum and Investigation, if there is any. In the absence of a Committee
on Decorum and Investigation, the head office or agency shall immediately
cause the creation of Committee on Decorum and Investigation in
accordance with the law and rules, and transmit the complaint to the
Committee.

(b) The complaint must be in writing, signed and sworn to by the

complainant. It shall contain the following: 
 

1. the full name and address of the complainant;

2. the full name, address, and position of the respondent;

3. a brief statement of the relevant facts;

4. evidence, in support of the complainant, if any;

5. a certification of non-forum shopping. 

 

In the absence of any one of the aforementioned requirements, the

complaint shall be dismissed without prejudice to its refiling.

Where the complaint is not under oath, the complainant shall be

summoned by the Committee to swear to the truth of the allegations in
the complaint.

(c) Complaints sent by telegram, radiogram, electronic mail or similar

means of communication shall be considered non-filed unless the
complainant shall comply with the requirements provided in Section 12(b)
within ten (10) days from receipt of the notice for compliance.

(d) Withdrawal of the complaint at any stage of the proceedings shall not
preclude the Committee from proceeding with the investigation where
there is obvious truth or merit to the allegations in the complaint or where
 there is documentary or direct evidence that can prove the guilt of the
person complained of.

Section 13. Action on the Complaint. – Upon receipt of a complaint that is

sufficient in form and substance, the Committee on Decorum and Investigation
shall require the person complained of to submit a Counter-Affidavit/Comment
under oath within three (3) days from receipt of the notice, furnishing a copy
thereof to the complainant, otherwise the Counter-Affidavit/Comment shall be
considered as not filed.

Section 14. Preliminary Investigation. – A preliminary investigation shall be

conducted by the Committee on Decorum and Investigation. The investigation
involves the ex parte examination of documents submitted by the complainant
and the person complained of, as well as documents readily available from other
government offices.

During the preliminary investigation, the parties may submit affidavits and
counter-affidavits.

Upon receipt of the counter-affidavit or comment under oath, the Committee on

Decorum and Investigation may now recommend whether a prima facie case
exists to warrant the issuance of a formal charge.

During preliminary investigation, proceedings before the Committee on

Decorum and Investigation shall be held under strict confidentiality.

Section 15. Duration of the Investigation. – A preliminary investigation shall

commence not later than five (5) days from receipt of the complaint by the
Committee on Decorum and Investigation and shall be terminated within fifteen
(15) working days thereafter.

Section 16. Investigation Report. – Within five (5) working days from the
termination of the preliminary investigation, the Committee on Decorum and
Investigation shall submit the Investigation Report and the complete records of
the case to the disciplining authority.

Section 17. Decision or Resolution After Preliminary Investigation. – If a prima

facie case is established during the investigation, a formal charge shall be
issued by the disciplining authority within three (3) working days from receipt of
the Investigation Report.

In the absence of a prima facie case, the complaint shall be dismissed within

the same period.

Section 18. Formal Charge. – After finding a prima facie case, the disciplining

authority shall formally charge the person complained of.  The formal charge
shall contain a specification of the charge(s), a brief statement of material or
relevant facts, accompanied by certified true copies of the documentary
evidence, if any, sworn statements covering the testimony of witnesses, a
directive to answer the charge(s) in writing under oath in not less than seventy-
two hours from receipt thereof, an advice for the respondent to indicate in
his/her answer whether or not he/she elects a formal investigation of the
charge(s), and a notice that he/she is entitled to be assisted by a counsel of
his/her choice.

If the respondent has submitted his/her comment and counter-affidavits during

the preliminary investigation, he/she shall be given the opportunity to submit
additional evidence.

The Committee on Decorum and Investigation shall not entertain requests for
clarification, bills of particulars or motions to dismiss which are obviously
designed to delay the administrative proceeding. If any of these pleadings is filed
by the respondent, the same shall be considered as part of his/her answer
which he/she may file within the remaining period for filing the answer.

Section 19. Answer. – The answer which must be in writing and under oath,
shall be specific and shall contain material facts and applicable laws, if any,
including documentary evidence, sworn statements covering testimonies of
witnesses, if there be any, in support of respondent’s case. If shall also include a
statement indicating whether he/she elects a formal investigation.

Section 20. Failure to File an Answer. – If the respondent fails or refuses to file

his/her answer to the formal charge within seventy-two (72) hours from receipt
thereof without justifiable cause, he/she shall be considered to have waived his
right thereto and formal investigation may commence.

Section 21. Preventive Suspension. – Upon petition of the complainant or motu

proprio upon the recommendation of the Committee on Decorum and
Investigation, at any time after the service of the Formal Charge to the
respondent, the proper disciplining authority may order the preventive
suspension of the respondent during the formal investigation, if there are
reasons to believe that he/she is probably guilty of the charges which would
warrant his/her removal from the service.

An order of preventive suspension may be issued to temporarily remove the

respondent from the scene of his/her misfeasance or malfeasance and to
preclude the possibility of his/her exerting undue influence or pressure on the
witnesses against him/her or tampering of documentary evidence on file with
this office.

Section 22. Duration of Preventive Suspension. - When the administrative case

against the respondent under preventive suspension is not finally decided by
the disciplining authority within the period of ninety (90) days after the date of
his/her preventive suspension, unless otherwise provided by special law,
he/she shall be automatically reinstated into the service: Provided, that when
the delay in the disposition of the case is due to the fault, negligence or petition
of the respondent, the period of delay should not be included in the counting of
the ninety (90) calendar days period of preventive suspension: Provided,
further, That should the respondent be on paternity/maternity leave, said
preventive suspension shall be deferred or interrupted until such time that said
leave has been fully enjoyed.
Section 23. Remedies from the Order of Prevention Suspension. – The
respondent may file a motion for reconsideration with the disciplining authority
or may elevate the same to the Civil Service Commission by way of an appeal
within fifteen (15) days from receipt thereof.

Section 24. Conduct of Formal Investigation. – Although the respondent does

not request a formal investigation, one shall nevertheless be conducted by the
Committee on Decorum and Investigation if it deems such investigation as
necessary to decide the case judiciously.

The investigation shall be held not earlier than five (5) days nor later than ten
(10) days from receipt of the respondent’s answer.  Said investigation shall be
finished within thirty (30) days from the issuance of the formal charge or the
receipt of the answer unless the period is extended by the disciplining authority
in meritorious cases.

Section 25. Pre-hearing Conference. – At the commencement of the formal

investigation, the Committee on Decorum and Investigation may conduct a pre-
hearing conference for the parties to appear, consider and agree on any of the
following:

a. stipulation of facts;

b. simplification of issues;

c. identification and marking of evidence of the parties;

d. waiver of objections to admissibility of evidence;

e. limiting the number of witnesses, and their names;

f. dates of subsequent hearings; and

g. such other matters as may aid in the prompt and just resolution of the
case.

The parties may submit position paper/memoranda and submit the case for
resolution based on the result of the pre-hearing conference without any need
for further hearing.

Section 26. Continuous Hearing Until Terminated; Postponement. – Hearings hall

be conducted on the hearing dates set by the Committee on Decorum and
investigation or as agreed upon during a pre-hearing conference.

Where no pre-hearing conference is conducted, the parties, their counsels and

witnesses, if any, shall be given a notice of at least five (5) days before the first
scheduled hearing specifying the time, date and place of the said hearing and
subsequent hearings. Thereafter, the schedule of hearings previously set shall
be strictly followed without further notice. A party shall be granted only three (3)
postponements upon oral or written requests. A further postponement may be
granted only upon written request and subject tot the discretion of the
Committee on Decorum and investigation.

If the respondent fails to appear during the scheduled hearings despite due
notice, the investigation shall proceed ex-parte and the respondent is deemed to
have waived his right to be present and to submit evidence in his favor during
those hearings.

Section 27. Preliminary Matters. – At the start of the hearing, the Committee on

Decorum and Investigation shall note the appearances of the parties and shall
proceed with the reception of evidence for the complainant.

If the respondent appears without the aid of a counsel, he/she shall be deemed
to have waived his/her right to counsel.

Before taking the testimony of a witness, the Committee on Decorum and

Investigation shall place him/her under oath and then take his/her name,
address, civil status, age, and place of employment.

Section 28. Appearance of Parties. – Any person representing any of the parties

before any hearing or investigation shall manifest orally or in writing his/her
appearance for either the respondent or complainant, stating his/her full name
and exact address where he/she can be served with notices and other
documents. Any pleading or appearance made without complying with the above
stated requirements shall not be recognized.

Section 29. Order of Hearing. – Unless the Committee on Decorum and

Investigation directs otherwise, the order of hearing shall be as follows:

a. The complainant shall present evidence in support of the charge;

b. The respondent shall then offer evidence in support of his/her defense;

c. The complainant may then offer rebuttal evidence, and the respondent,
sur-rebuttal evidence.

Every witness may be examined in the following order:

a. Direct examination by the proponent;

b. Cross-examination by the opponent;

c. Re-direct examination by the opponent;

d. Re-cross examination by the opponent.

A sworn statement of a witnesses, properly identified and affirmed by the

witness before the Committee on Decorum and Investigation shall constitute
his/her direct testimony.

When the presentation of evidence has been concluded, the parties shall
formally offer their evidence either orally or in writing and thereafter objections
thereto may also be made either orally or in writing. Thereafter, both parties
may be given time to submit their respective memorandum which in no case
shall be beyond five (5) days after the termination of the investigation. Failure to
submit the memorandum within the given period shall be considered a waiver
thereof.

Section 30. Objections. – All objections raised during the hearing shall be

resolved by the Committee on Decorum and Investigation. However, objections
that cannot be ruled upon by the Committee shall be noted with the information
that the same shall be included in the memorandum of the concerned party to
be ruled upon by the proper disciplining authority.

The Committee on Decorum and Investigation shall accept all evidence deemed
material and relevant to the case.  In case of doubt, the Committee on Decorum
and Investigation shall allow the admission of evidence subject to the objection
interposed against its admission.

Section 31. Markings. – All documentary evidence or exhibits shall be properly

marked by letters (A, B, C, etc.) if presented by the respondent. These shall form
part of the complete records of the case.

Section 32. Request for Subpoena. – If a party desires the attendance of a

witness or the production of documents of things, he/she shall make a request
for the issuance of the necessary subpoena, at least three (3) days before the
scheduled hearing.

Section 33. Issuance of Subpoena. – The Committee on Decorum and

Investigation may issue subpoena ad testificandum to compel the attendance of
witnesses and subpoena duces tecum for the production of documents or
objects.

Section 34. Records of Proceedings. – The proceedings of the formal investigation

must be recorded either through shorthand or stenotype or by any other
method.

Section 35. Effect of the Pendency of an Administrative Case. – The pendency of

any administrative case shall not disqualify the respondent for promotion or
from claming maternity/paternity benefits.  For this purpose, an administrative
case shall be construed as pending when the disciplining authority has issued a
formal charge.

Section 36. Formal Investigation Report. – Within fifteen (15) days after the
conclusion of the formal investigation, a report containing a narration of the
material facts established during the investigation, the findings and the
evidence supporting said findings, as well as the recommendations, shall be
submitted by the Committee on Decorum and Investigation to the disciplining
authority. The complete records of the case shall be attached to the Report of
Investigation.

The complete records shall be systematically and chronologically arranged,

paged, and securely bound to prevent loss. A table of contents shall be
prepared. Whoever is in-charge of the transmittal of the complete records shall
be held responsible for any loss or suppression of pages thereof.

Section 37. When Case is Decided. – The disciplining authority shall render his
decision on the case within thirty (30) days from receipt of the Report on
Investigation.

Section 38. Finality of Decisions. – A decision rendered by heads of agencies

where a penalty of suspension for not more than thirty (30) days or a fine in an
amount not exceeding thirty (30) days salary is imposed, shall be final and
executory. However, if the penalty imposed is suspension exceeding thirty (30)
days or a fine exceeding thirty (30) days salary, the same shall be final and
executory after the lapse of the reglementary period for filing a motion for
reconsideration or an appeal and no such pleading has been filed. 
 

RULE IX.
REMEDIES AFTER A DECISION
  
Section 39. Filing of Motion for Reconsideration. – The party adversely affected by
the decision may file a motion for reconsideration with the disciplining authority
who rendered the decision within fifteen (15) days from receipt thereof.

Section 40. When Deemed Filed. – A motion for reconsideration shall be deemed

filed on the date stamped on the official copy by the proper receiving authority,
and in case it was sent by mail, on the date shown by the postmark on the
envelope which shall be attached to the records of the case.

Section 41. Grounds for Motion for Reconsideration. – The motion for

reconsideration shall be based on any of the following:

a. New evidence has been discovered which materially affects the decision
rendered; or

b. The decision is not supported by the evidence on record; or

c. Errors of law irregularities have been committed prejudicial to the

interest of the movant.

Section 42. Limitation. – Only one motion for reconsideration shall be

entertained.

Section 43. Effect of Filing. – The filing of a motion for reconsideration within

the reglementary period of fifteen (15) days shall stay the execution of the
decision sought to be reconsidered.

Section 44. Filing of Appeals. – Decisions of heads of departments, agencies,

provinces, cities, municipalities and other instrumentalities imposing a penalty
exceeding thirty (30) days suspension or fine in an amount exceeding thirty (30)
days salary, may be appealed to the Commission Proper within a period of
fifteen (15) days from receipt thereof.
In case the decision rendered by a bureau or office head is appealable to the
Commission, the same may be initially appealed to the department head and
finally to the Commission Proper. Pending appeal, the same shall be executory
except where the penalty is removal, in which case the same shall be executory
only after confirmation by the Secretary concerned.

A notice of appeal including the appeal memorandum shall be filed with the
appellate authority, copy furnished the disciplining office. The latter shall
submit the records of the case, which shall be systematically and
chronologically arranged, paged and securely bound to prevent loss with its
comment, within fifteen (15) days, to the appellate authority.

Section 45. When Deemed Filed. – An appeal sent by mail shall be deemed filed
on the date shown by the postmark on the envelope which shall be attached to
the records of the case and in the case of personal delivery, the date stamped
thereon by the proper office.

Section 46. Appeal Fee. – The appellant shall pay an appeal fee of Three
Hundred Pesos (P300.00) and a copy of the receipt thereof shall be attached to
the appeal.

Section 47. Perfection of an Appeal. – To perfect an appeal, the appellant shall

within fifteen (15) days from receipt of the decision submit the following:

a. Notice of appeal which shall specifically state the date of the decision
appealed from and the date of receipt thereof;

b. Three (3) copies of appeal containing the grounds relied upon for the
appeal, together with the certified true copy of the decision, resolution or
order appealed from, and certified copies of the documents or evidence;

c. Proof of service of a copy of the appeal memorandum to the disciplining

office;

d. Proof of payment of the appeal fee; and

e. A statement or certification of non-forum shopping.

Failure to comply with any of the above requirements within the reglementary
period shall be construed as failure to perfect an appeal and shall cause its
dismissal.

Section 48. Effect of Filing. – An appeal shall not stop the decision from being
executory, and in case the penalty is suspension or removal, the respondent
shall considered as having been under preventive suspension during the
pendency of the appeal, in the event he wins the appeal.

Section 49. When Case is Remanded for Violation of Respondent’s Right to Due

Process. – If the case on appeal with the Commission Proper is remanded to the
proper disciplining authority for further investigation, the said disciplining
authority through the Committee on Decorum and Investigation shall finish the
investigation within three (3) calendar months from the date of receipt of the
records from the Commission, unless the investigation is delayed due to the
fault, negligence or petition of the person complained of, or an extension is
granted by the Commission Proper in meritorious cases. The period of delay
shall not be included in the computation of the prescribed period.

Within fifteen (15) days from the submission of the investigation report to the
disciplining authority, it shall render its decision. If, at the end of said period,
the disciplining authority fails to decide the case, the Commission Proper shall
vacate and set aside the appealed decision and declare the person complained of
exonerated of the charge. If the person complained of is under preventive
suspension, he shall be immediately reinstated.

The Civil Service Regional Office or the Office for Legal Affairs of the Civil Service
Commission shall evaluate requests for the extension of formal investigations
and grant the same on meritorious grounds.  In disposing the requests, said
office shall be guided by the principles of justice and fair play, provided, that the
extension shall not be for more than twenty (20) days.

For this purpose, the Regional Director shall monitor the implementation of the
CSC Resolution remanding the case to the proper disciplining authority for
further investigation and submit a report to the Commission Proper.

Section 50. Petition for Review. - A complainant may elevate the decision of the
disciplining authority dismissing a complaint for lack of a prima facie case
before the Commission Proper through a Petition for Review within fifteen (15)
days from the receipt of said decision.

Section 51. Petition for Review with the Court of Appeals. – A party may elevate a
decision of the Commission before the Court of Appeals by way of Petition for
Review under Rule 43 of the 1997 Revised Rules of Court.

Section 52. Petition for Certiorari. – When the disciplining authority has 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, nor any plain, speedy
and adequate remedy in the ordinary course of law, a person aggrieved thereby
may file a verified petition for certiorari in the proper court under Rule 65 of
the Rules of Court. 
 

RULE X.
CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT
  
Section 53. Sexual harassment is classified as grave, less grave and light
offenses.
A. Grave Offenses shall include, but are not limited to: 
 
1. unwanted touching of private parts of the body (genitalia,
buttocks and breast);

2. sexual assault;
 3. malicious touching;

4. requesting for 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 benefits or payment of a stipend or
allowance, and

5. other analogous cases.

B. Less Grave Offenses shall include, but are not limited to: 
 
1. unwanted touching or brushing against a victim’s body;

2. pinching not falling under grave offenses;

3. derogatory or degrading remarks or innuendoes directed toward

the members of one sex, or one’s sexual orientation or used to
describe a person;

4. verbal abuse with sexual overtones; and

5. other analogous cases.

C. The following shall be considered Light Offenses; 

 
1. surreptitiously looking or staring a look of a person’s private part
or worn undergarments;

2. telling sexist/smutty jokes or sending these through text,

electronic mail or other similar means, causing embarrassment or
offense and carried out after the offender has been advised that they
are offensive or embarrassing or, even without such advise, when
they are by their nature clearly embarrassing, offensive or vulgar;

3. malicious leering or ogling;

4. the display of sexually offensive pictures, materials or graffiti;

5. unwelcome inquiries or comments about a person’s sex life;

6. unwelcome sexual flirtation, advances, propositions;

7. making offensive hand or body gestures at an employee;

8. persistent unwanted attention with sexual overtones;

9. unwelcome phone calls with sexual overtones causing discomfort,

embarrassment, offense or insult to the receiver; and

10. other analogous cases.

 RULE XI.
ADMINISTRATIVE LIABILITIES
  
Section 54. The head of office who fails to act within fifteen (15) days from
receipt of any complaint for sexual harassment properly filed against any
employee in that office shall be charged with Neglect of Duty.

Section 55. Any person who is found guilty of sexual harassment shall, after the
investigation, be meted the penalty corresponding to the gravity and seriousness
of the offense.

Section 56. The penalties for light, less grave, and grave offenses are as follows:

A. For light offenses: 

1st offense – Reprimand 
2nd offense – Fine or suspension not exceeding thirty (30) days 
3rd offense – Dismissal

B. For less grave offenses: 

1st offense – Fine or suspension of not less than thirty (30) days
and not exceeding six (6) months 
2nd offense – Dismissal
C. For grave offenses: Dismissal
Section 57. If the respondent is found guilty of two or more charges or counts,
the penalty to be imposed should be that corresponding to the most serious
charge or count and the rest shall be considered as aggravating circumstances. 
 
RULE XII.
DUTY OF THE AGENCIES OF THE GOVERNMENT
  
Section 58. All national and local government agencies, state colleges and
universities, including government-owned or controlled corporations with
original charter, shall promulgate or modify their own rules and regulations in
conformity with these Rules, in consultation with their employees, within six (6)
months from the effectivity of this Resolution.

Section 59. All agencies of the government shall submit an authenticated copy
of their rules and regulations on sexual harassment to the Commission for
approval within one (1) month from the date of their promulgation. They shall
likewise submit to the Commission a list of the members of their Committee on
Decorum and investigation immediately after its composition.

Section 60. All agencies of the government shall develop an education and
training program for their officials and employees and the members of their
Committee on Decorum and Investigation to increase understanding about
sexual harassment, prevent its occurrence, and ensure proper investigation,
prosecution and resolution of sexual harassment cases.

Section 61. The head of office who after six (6) months from the effectivity of this
Resolution, fails to cause the promulgation or modification of the agency’s rules
and regulations on sexual harassment in conformity with these Rules, shall be
charged with Neglect of Duty. 

RULE XIII.
DUTY OF THE COMMISSION
  
Section 62. The Commission, through its Field Offices, shall monitor the
implementation of the directive to all government agencies to promulgate or
modify, as the case may be, their rules and regulations on sexual harassment,
as well as the conduct of the training programs as provided in Sections 59 and
60.

Section 63. In case a complaint alleging acts constituting sexual harassment as

defined herein is filed with the Commission, the same shall be remanded to the
agency where the alleged offender is employed for appropriate action in
accordance with their own rules and regulations on sexual harassment.

Section 64. The Civil Service Commission shall render technical assistance to
agencies in the formulation of their rules and regulations on sexual harassment
and the development and implementation of an intervention and prevention
program on sexual harassment. 

RULE XIV.
CASES DURING THE INTERVENING PERIOD
  
Section 65. During the period when the agency is still in the process of
promulgating or modifying its own rules and regulations on sexual harassment,
a complaint alleging acts constituting sexual harassment shall be
administratively prosecuted, resolved and adjudicated based on these Rules. 
 
RULE XV.
FORUM SHOPPING
  
Section 66. Under the same set of ultimate facts, the filing of a complaint based
on an agency’s rules and regulations on sexual harassment shall preclude the
filing of another administrative complaint under any other law. 
 
RULE XVI.
REPEALING CLAUSE
  
Section 67. Rules and regulations and other issuances or parts thereof
inconsistent with the provisions of these Rules are hereby repealed or modified
accordingly. 
 
RULE XVII.
EFFECTIVITY CLAUSE
  
Section 68. These Rules shall take effect fifteen (15) days after its publication in
a newspaper of general circulation.
Quezon City, May 21, 2001.