[ PNP CIRCULAR NO. 2006-19, September 05, 2006 ]
REVISED IMPLEMENTING RULES AND REGULATIONS OF CSC RESOLUTION NO. 01-0940 RE-ADMINISTRATIVE DISCIPLINARY RULES ON SEXUAL HARASSMENT CASES
I. REFERENCES:
This Circular shall apply to all personnel of the Philippine National Police holding any level of position and regardless of status. The Circular presents in detail the legal bases of the anti-sexual harassment law and discusses the new administrative rules on sexual harassment promulgated by the CSC, It provides for the genera! principles to be followed when resolving such cases and present a step-by-step procedure in handling complaints.
III. OBJECTIVES:
All personnel of the PNP is a potential victim of sexual harassment regardless of age, sex. physical appearance, civil or marital status and it is an issue that needs to be taken seriously and with passion. Hence, there is a need for the PNP to undertake the following:
1. Institutionalize a system to be followed when resolving sexual harassment cases and the procedural steps in handling complaints
2. Provide a policy that would facilitate the resolution of sexual harassment cases and the filing of appropriate charges to personnel who are found to have committed such act.
IV. DEFINITION OF TERMS:
PNP Personnel - Uniformed and Non-Uniformed members of the PNP.
Sexual Harassment-for the purpose of these Rules, the administrative offense of sexual harassment is an act, or series of acts, involving any unwelcome sexual advances, requests or demands for a sexual favor, or other verbal physical behavior of a sexual nature, committed by PNP personnel, regardless of whether or not having authority, influence or moral ascendancy against another, in a work related, training or education environment regardless of whether or not the demand, request of requirement is accepted.
Sexual Harassment in Workplace - any unwanted sexual attention that is explicitly or implicitly made a condition for favorable decisions affecting one's employment or that which creates an intimidating, hostile or offense environment. At times regarded as harmless "flirting", it is increasingly recognized that whatever the intent of the perpetrator, it can demean and impair conditions at work causing damage to the victim affecting his/ her productivity.
Supervisor - refers to the immediate and direct supervisor of the personnel who, by nature of his position or authority is given by a competent authority, assigns work to the personnel monitors and evaluates the employee's performance.
Subordinate- refers to the employee under the immediate or direct supervision of a superior.
Peer- refers to the co-employee with the same position title or functionally related position of comparable level within the same organizational unit who may have either direct or indirect working relationship with a peer.
V. WORK-RELATED/EDUCATION OR TRAINING-RELATED SEXUAL HARASSMENT
1. Work-related sexual harassment is committed under the following circumstances:
The following are illustrative forms of sexual harassment:
1. Physical
3. Use of objects, pictures or graphics, letters or written notes with sexual underpinnings.
4. Other forms analogous to the foregoing.
VIII. PERSONS LIABLE FOR SEXUAL HARASSMENT:
Any PNP personnel, regardless of sex, is liable for sexual harassment when he/she.
1. Directly participates in the execution of any act of sexual harassment as defined by this circular;
2. Induces or directs another or others to commit sexual harassment as defined by this circular;
3. Cooperates in the commission of sexual harassment by another through an act without which the sexual harassment would not have been accomplished;
4. Cooperates in the commission of sexual harassment by another through previous or simultaneous acts.
IX. COMMITTEE ON DECORUM AND INVESTIGATION (CODI) OF SEXUAL HARASSMENT
1. A Committee on Decorum and Investigation shall be created in the National Headquarters, National Support Units, Regional, and Provincial offices to perform the following functions:
3. The different PNP Committees on Decorum and Investigation shall have the following members who shall serve for a maximum of two (2) year term of office unless earlier resigned, retired, or otherwise separated from service, reassigned, designated or detailed to other position or offices, or dismissed from the PNP:
X. PRE-FILING STANDARD OPERATING PROCEDURES IN ATTENDING TO VICTIMS OF SEXUAL HARASSMENT
During this stage, the PNP 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 forma! complaint.
Moreover, upon filing of complaint by the alleged victim, he/she shall immediately be transferred to another office where the respondent(s) cannot further intimidate him/her.
XI. STANDARD PROCEDURAL REQUIREMENTS
The procedural rules provided hereunder are the standard requirements in handling sexual harassment case:
1. Complaint
a. The complaint may be filed at any time with the disciplining authorities of the PNP, or with the Committee on Decorum and Investigation. Upon receipt of the complaint by the disciplining authority, the same shall be transmitted to the Committee on Decorum and Investigation.
b. The complaint must be in writing, signed and sworn to by the complainant. It shall contain the following:
d. Where the complaint is not under oath, the complainant shall be summoned by the Committee to swear as to the truth of the allegations regarding the complaint.
e. Complaints sent by telegram, radiogram, electronic mail or similar means of communications shall be considered non-filed unless the complainant shall comply with the requirements provided above within ten (10) days from receipt of the notice for compliance.
f. 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.
g. When there is obvious truth or merit to the allegations in the complaint but the complainant withdrew his/her complaint for one reason or another, he/she shall also be correspondingly charged for dereliction of duty or for contempt.
2. Action on the Complaint
Upon receipt of a complaint that is sufficient in form and in 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.
3. Preliminary Investigation
a. The Committee on Decorum and Investigation shall conduct a preliminary 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.
b. During the preliminary investigation, the parties may submit affidavits and counter- affidavits.
c. 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.
d. During preliminary investigation, proceedings before the Committee on Decorum and Investigation shall be held under strict confidentiality.
4. 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.
5. 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.
6. Decision or Resolution After Preliminary investigation
a. If a prima facie case is established during the investigation, the disciplining authority shall issue a formal charge within three (3) working days from receipt of the Investigation Report.
b. In the absence of a prima facie case, the complaint shall be dismissed within the same period.
7. Formal Charge
a. 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 following:
c. 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 that he/she may file within the remaining period for filing the answer
d. The pendency of the case shall not disqualify the respondent from claiming maternity/paternity benefits. For this purpose, an administrative case shall be construed as pending when the disciplining authority has issued a formal charge in accordance with paragraph a above.
8. 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 witness, if there be any, in support of respondent's case. It shall also include a statement indicating whether he/she elects a formal investigation.
9. 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.
10. Preventive Suspension
a. Upon petition of the complainant or motu propio 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.
b. 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.
11 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.
12. Remedies from the Order of Preventive 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.
13. Conduct of Formal Investigation
a. A formal investigation shall be conducted by the Committee on Decorum and Investigation if it deems that such investigation is necessary to decide the case judiciously.
b. 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 formal charge or the receipt of the answer.
14. Pre-hearing Conference
a. 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:
15. Continuous Hearing Until Terminated; Postponement
a. Hearings shall be conducted on the hearing dates set by the Committee on Decorum and Investigation or as agreed upon during a pre-hearing conference.
b. Where no pre-hearing conference is conducted, the parties, their counsel 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.
c. 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 to the discretion of the Committee on Decorum and Investigation.
d. If the respondent fails to appear during the scheduled hearing 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.
16. Preliminary Matters
a. 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.
b. If the respondent appears without the aid of a counsel, he/she shall be deemed to have waived his/her right to counsel.
c. 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.
17. Appearance or 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.
18. Order of Hearing
a. Unless the Committee on Decorum and investigation directs otherwise, the order of hearing shall be as follows.
d. When the presentation of evidence has been concluded, the parties shall formally offer evidence 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.
19. Objections
a. 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 rules upon by the proper disciplining authority.
b. 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.
20. Markings
All documentary evidence or exhibits shall be properly marked by letters (A, B, C, etc.) if presented by the complainant and by numbers (1, 2, 3, etc.) if presented by the respondent. These shall form part of the complete records of the case.
21. Request for Subpoena
If a party desires the attendance of a witness or the production of documents or things, he/she shall make a request for the issuance of the necessary subpoena, at least three (3) days before the scheduled hearing.
22. 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.
23. Records of Proceedings
The proceedings of the forma! investigation must be recorded either through shorthand or stenotyped or by any method.
24. Formal investigation Report
a. 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 we!! as the recommendation, shali 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.
b. The complete records shall be systematically and chronologically arranged, paged and securely bound to prevent loss of contents shall be prepared. Whoever isin-chargeof the transmittal of the complete records shall be held responsible for any loss or suppression of pages thereof.
25. When Case is Decided
The disciplining authority shall render His decision on the ease thirty(30) days from receipt of the Report of Investigation.
26. Finality of Decisions
A decision rendered by heads of offices/units 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.
XII. REMEDIES AFTER A DECISION
1. Filing of Motion for Reconsideration
The party adversely affected by the decision may file a motion for reconsideration with the disciplining authority that rendered the decision within fifteen (15) days from receipt
2. When Deemed File
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.
3. 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 or irregularities have been committed prejudicial to the interest of the movant.
4. Limitation
Only one motion for reconsideration shall be entertained.
5. 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.
6. Filing of Appeals
a. Decision of heads of offices/units imposing a penalty exceeding thirty (30) days suspension or in an amount exceeding thirty (30) days salary, may be appealed to the Civil Service Commission Proper within a period of fifteen (15) days from receipt thereof.
b. In case the decision rendered by head of office/unit is appealabie to the Commission, the same may be initially appealed to the Chief, PNP and finally to the Civil Service Commission. Pending appeal, the same shall be executory except where the penalty is removal, in which case the same shali be executory only after confirmation by the Chief, PNP.
c. 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 be systematically and chronologically arranged, paged and securely bound to prevent loss with its comments, within fifteen (15) days, to the appellate authority.
d. The filing of a valid appeal shall not stop the decision from being executory and, in case the penalty is suspension or removal, the respondent shall be considered having been under preventive suspension during the pendency of the appeal, in the event he is exonerated.
7. When Deemed Filed
An appeal sent by mail shall be deemed filed on the date shown bythe postmark on the envelope that shall be attached to the records of the case antfjfl Ga$.Q.0f personal delivery, the date stamped thereon by the proper office.
8. Appeal Fee
The appellant shall pay an appeal fee of Five Hundred Pesos (P500.00} and a CODV of the receipt thereof shall be attached to the appeal.
9. Perfection of an Appeal
a. To perfect an appeal, the appellant shall within fifteen (15) days from receipt of the decision submit the following;
10. When Case is Remanded for Violation of Respondent's Right to Due Process
a. The case on appeal with the Civil Service Commission 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 CSC, unless the investigation is delayed due to the fault, negligence or petition of the person complained of, or an extension is granted by the CSC in meritorious cases. The period of delay shall not be included in the computation of the prescribed period.
b. Within fifteen (15) days from the submission of the investigation report to the disciplining authority, the disciplining authority shall render its decision. If, at the end of said period, the disciplining authority fails to decide the case, the CSC 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.
c. The Civil Service Regional/Field Office or the Office for Legal Affairs of the Civil Service Commission shall evaluate requests for extension of formal investigation 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.
d. For this purpose, the Regional/Field 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 Civil Service Commission.
11. Petition for Review
a. A complainant may elevate the decision of the disciplining authority dismissing a complaint for lack of a prima facie case before the CSC proper through a petition for review within fifteen (15) days from the receipt of said decision.
b. Aparty may elevate a decision of the Commission before the Court of Appeals by way of Petition for Review under Rule 43 of the 1987 Revised Rules of Court.
12. 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.
XIII. CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT
Sexual harassment is classified as grave, less grave and light offenses:
1. The head of office/unit who fails to act within fifteen (15) days frarm receipt of any complaint for sexual harassment properly filed against any employee jn that office/unit shall be charged with Neglect of Duty.
2. Any personnel who is found guilty of sexual harassment shall, after the investigation, be meted the penalty corresponding to the gravity and seriousness of the offense;
3. The penalties for light, less grave, and grave offenses are as follows;
4. If the respondent is found guilty of two or more charges or counts, the penalty to be imposed should be at that corresponding to the most serious charge or count and the rest shall be considered as aggravating circumstances.
XV. REPEALING CLAUSE
All rules, regulations and other issuances, or portions thereof inconsistent with this circular are repealed or modified accordingly.
XVI. EFFECTIVITY
This Circular shaft take effect after fifteen (15) days from the filing of a copy hereof at the University of the Philippine Law Center in consonance with Sections 3 and 4 of Chapter 2. Book VIII of Executive Order No. 292, otherwise known as the "The Revised Administrative Code of 1987", as amended.
Adopted: 05 Sept. 2006
(SGD.) OSCAR C. CALDERON
Police Director General
Chief, PNP
- Republic Act No. 7877 February 14, 1995 otherwise known as "An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment and for Other Purposes" which took effect on March 5, 1995;
- CSC Resolution No. 01-0940 dated May 21, 2001 that promulgates the Rules and Regulations defining administrative offense of sexual harassment and prescribing the standard procedure for the administrative investigation, prosecution and resolution of sexual harassment cases in public sector.
This Circular shall apply to all personnel of the Philippine National Police holding any level of position and regardless of status. The Circular presents in detail the legal bases of the anti-sexual harassment law and discusses the new administrative rules on sexual harassment promulgated by the CSC, It provides for the genera! principles to be followed when resolving such cases and present a step-by-step procedure in handling complaints.
III. OBJECTIVES:
All personnel of the PNP is a potential victim of sexual harassment regardless of age, sex. physical appearance, civil or marital status and it is an issue that needs to be taken seriously and with passion. Hence, there is a need for the PNP to undertake the following:
1. Institutionalize a system to be followed when resolving sexual harassment cases and the procedural steps in handling complaints
2. Provide a policy that would facilitate the resolution of sexual harassment cases and the filing of appropriate charges to personnel who are found to have committed such act.
IV. DEFINITION OF TERMS:
PNP Personnel - Uniformed and Non-Uniformed members of the PNP.
Sexual Harassment-for the purpose of these Rules, the administrative offense of sexual harassment is an act, or series of acts, involving any unwelcome sexual advances, requests or demands for a sexual favor, or other verbal physical behavior of a sexual nature, committed by PNP personnel, regardless of whether or not having authority, influence or moral ascendancy against another, in a work related, training or education environment regardless of whether or not the demand, request of requirement is accepted.
Sexual Harassment in Workplace - any unwanted sexual attention that is explicitly or implicitly made a condition for favorable decisions affecting one's employment or that which creates an intimidating, hostile or offense environment. At times regarded as harmless "flirting", it is increasingly recognized that whatever the intent of the perpetrator, it can demean and impair conditions at work causing damage to the victim affecting his/ her productivity.
Supervisor - refers to the immediate and direct supervisor of the personnel who, by nature of his position or authority is given by a competent authority, assigns work to the personnel monitors and evaluates the employee's performance.
Subordinate- refers to the employee under the immediate or direct supervision of a superior.
Peer- refers to the co-employee with the same position title or functionally related position of comparable level within the same organizational unit who may have either direct or indirect working relationship with a peer.
V. WORK-RELATED/EDUCATION OR TRAINING-RELATED SEXUAL HARASSMENT
1. Work-related sexual harassment is committed under the following circumstances:
a. 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 actions) directing the applicant/employee; or2. 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:
b. The act or series of acts have the purpose or effect of interfering with the complainant's work performance, or creating an intimidating hostile offensive work environment; or
c. The act or series of acts which 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 of the person complained of.
a. Submission to or rejection of the act or series of acts used 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;VI. WHERE SEXUAL HARASSMENT CAN TAKE PLACE
b. 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
c. 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 trainee, apprentice, intern, tutee or ward of the person complained of.
- In the premises of the workplace or office or of the school or training institution.
- In any place where the parties were found as a result of work, of education or training responsibilities or relations.
- At work or education or training-related social functions.
- While on official business outside the office or school or training institution or during work or school or training-related travel.
- At official conferences, for a, symposia or training sessions.
- By use of telephone, cellular phone, fax machine, or electronic mail.
The following are illustrative forms of sexual harassment:
1. Physical
a. Malicious touching.2. Verbal, such as but not limited to, requests or demands for sexual favors, and offensive remarks about sex or on the sexuality of the other person.
b. Overt sexual advances.
c. Gestures with lewd insinuations.
3. Use of objects, pictures or graphics, letters or written notes with sexual underpinnings.
4. Other forms analogous to the foregoing.
VIII. PERSONS LIABLE FOR SEXUAL HARASSMENT:
Any PNP personnel, regardless of sex, is liable for sexual harassment when he/she.
1. Directly participates in the execution of any act of sexual harassment as defined by this circular;
2. Induces or directs another or others to commit sexual harassment as defined by this circular;
3. Cooperates in the commission of sexual harassment by another through an act without which the sexual harassment would not have been accomplished;
4. Cooperates in the commission of sexual harassment by another through previous or simultaneous acts.
IX. COMMITTEE ON DECORUM AND INVESTIGATION (CODI) OF SEXUAL HARASSMENT
1. A Committee on Decorum and Investigation shall be created in the National Headquarters, National Support Units, Regional, and Provincial offices to perform the following functions:
a. Receive complaints of sexual harassment;2. 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.
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 discussion about sexual harassment within the agency or institution to increase understanding and prevent incidents of sexual harassment.
e. Find ways and means to create an environment free of stresses and threats of sexual harassment
3. The different PNP Committees on Decorum and Investigation shall have the following members who shall serve for a maximum of two (2) year term of office unless earlier resigned, retired, or otherwise separated from service, reassigned, designated or detailed to other position or offices, or dismissed from the PNP:
| a. National Level | ||
| The Deputy Chief of Administration (TCDA) | - |
Chairman |
| The Director for Investigation and Detective Management (TDIDM) | - |
Vice Chairman |
| The Director for Personnel and Records Management (TDPRM) | - |
Member |
| The Director for Public Community Relations (TDPCR) | - |
Member |
| The Director for Intelligence (TDI) | - |
Member |
| The Director for Human Resource and Doctrine Development (TDHRDD) | - |
Member |
| Director, Legal Service (D, LS) | - |
Member |
| Chief Executive Senior Police Officer (CESPO) | - |
Member |
| NUPAI President | - |
Member |
| NUP 2nd Level representative | - |
Member |
| NUP 1st Level representative | - |
Head |
| Chief, investigation Division (DIDM) | - |
Secretariat |
| b. National Support Units | ||
| Deputy Director (DD) | - |
Chairman |
| Chief Directorial Staff (CDS) | - |
Vice Chairman |
| Administrative Officer | - |
Member |
| Pesonnel Officer | - |
Member |
| Command Inspectorate | - |
Member |
| Legal Officer | - |
Member |
| Public Information Officer | - |
Member |
| Chief Clerk | - |
Member |
| NUP 2nd Level representative | - |
Member |
| NUP 1st Level representative | - |
Member |
| Chief, Investigation Section | - |
Head, Secretariat |
| C. Regional Level | ||
| Dep Reg'l Director for Admin (DRDA) | - |
Chairman |
| The Chief Regional Directorial Staff | - |
Vice Chairman |
| C, Reg'l Intel and Inves Division (RIID) | - |
Member |
| C, Reg'l Personnel & Human Resource and Doctrine Development | - |
Member |
| Division (RPHRDD) | - |
Member |
| C, Reg'l Public Community Relations Division (RPCRD) | - |
Member |
| Regional Legal Officer | - |
Member |
| Reg'l Executive Senior Police Officer (RESPO) | - |
Member |
| NUP 2nd Level representative | - |
Member |
| NUP 1st Level representative | - |
Member |
| Chief, Investigation Section | - |
Head, Secretariat |
| d. Provincial Level | ||
| Dep Prov'l Director for Admin (DPDA) | - |
Chairman |
| C, Prov'l Intel and Inves Section | - |
Vice Chairman |
| Prov'l Personnel & Human Resource Section | - |
Member |
| C, Prov'l Public Community Relations Section | - |
Member |
| Provincial Legal Officer | - |
Member |
| Prov'l Executive Senior Police Officer (PESPO) | - |
Member |
| NUP 2nd Level representative | - |
Member |
| NUP 1st Level representative | - |
Member |
| Chief, Investigation Section | - |
Head, Secretariat |
X. PRE-FILING STANDARD OPERATING PROCEDURES IN ATTENDING TO VICTIMS OF SEXUAL HARASSMENT
During this stage, the PNP 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 forma! complaint.
Moreover, upon filing of complaint by the alleged victim, he/she shall immediately be transferred to another office where the respondent(s) cannot further intimidate him/her.
XI. STANDARD PROCEDURAL REQUIREMENTS
The procedural rules provided hereunder are the standard requirements in handling sexual harassment case:
1. Complaint
a. The complaint may be filed at any time with the disciplining authorities of the PNP, or with the Committee on Decorum and Investigation. Upon receipt of the complaint by the disciplining authority, the same shall be transmitted to the Committee on Decorum and Investigation.
b. The complaint must be in writing, signed and sworn to by the complainant. It shall contain the following:
i. The full name and address of the complainant;c. In the absence of any one of the aforementioned requirements, the complaint shall be dismissed without prejudice to its re-filing.
ii. The full name, address and position of the respondent;
iii. A brief statement of the relevant facts;
iv. Evidence, in support of the complaint, if any;
v. a certification of non-forum shopping.
d. Where the complaint is not under oath, the complainant shall be summoned by the Committee to swear as to the truth of the allegations regarding the complaint.
e. Complaints sent by telegram, radiogram, electronic mail or similar means of communications shall be considered non-filed unless the complainant shall comply with the requirements provided above within ten (10) days from receipt of the notice for compliance.
f. 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.
g. When there is obvious truth or merit to the allegations in the complaint but the complainant withdrew his/her complaint for one reason or another, he/she shall also be correspondingly charged for dereliction of duty or for contempt.
2. Action on the Complaint
Upon receipt of a complaint that is sufficient in form and in 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.
3. Preliminary Investigation
a. The Committee on Decorum and Investigation shall conduct a preliminary 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.
b. During the preliminary investigation, the parties may submit affidavits and counter- affidavits.
c. 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.
d. During preliminary investigation, proceedings before the Committee on Decorum and Investigation shall be held under strict confidentiality.
4. 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.
5. 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.
6. Decision or Resolution After Preliminary investigation
a. If a prima facie case is established during the investigation, the disciplining authority shall issue a formal charge within three (3) working days from receipt of the Investigation Report.
b. In the absence of a prima facie case, the complaint shall be dismissed within the same period.
7. Formal Charge
a. 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 following:
i. Specification of the charge(s);b. 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.
ii. Brief statement of material or relevant facts, accompanied by certified true . copies of the documentary documents; if any;
iii. Sworn statement covering the testimony of witnesses;
iv. Directive to answer charge(s) in writing under oath in not less than seventy-two hours from receipt thereof;
v. Advice the respondent to indicate his/her answer whether or not he/she elects a formal investigation of the charge(s); and vi. Notice that he/she is entitled to be assisted by a counsel of his/her choice.
c. 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 that he/she may file within the remaining period for filing the answer
d. The pendency of the case shall not disqualify the respondent from claiming maternity/paternity benefits. For this purpose, an administrative case shall be construed as pending when the disciplining authority has issued a formal charge in accordance with paragraph a above.
8. 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 witness, if there be any, in support of respondent's case. It shall also include a statement indicating whether he/she elects a formal investigation.
9. 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.
10. Preventive Suspension
a. Upon petition of the complainant or motu propio 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.
b. 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.
11 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.
12. Remedies from the Order of Preventive 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.
13. Conduct of Formal Investigation
a. A formal investigation shall be conducted by the Committee on Decorum and Investigation if it deems that such investigation is necessary to decide the case judiciously.
b. 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 formal charge or the receipt of the answer.
14. Pre-hearing Conference
a. 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:
i. Stipulation of facts;b. The parties may submit position papers/memoranda and submit the case for resolution based on the result of the pre-hearing conference without any need for further hearing.
ii. Simplification of issues;
iii. Identification and marking of evidence of the parties;
iv. Waiver of objections to admissibility of evidence;
v. Limiting the number of witnesses, and their names;
vi. Dates of subsequent hearings; and
vii. Such other matters as may aid in the prompt and just resolution of the case.
15. Continuous Hearing Until Terminated; Postponement
a. Hearings shall be conducted on the hearing dates set by the Committee on Decorum and Investigation or as agreed upon during a pre-hearing conference.
b. Where no pre-hearing conference is conducted, the parties, their counsel 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.
c. 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 to the discretion of the Committee on Decorum and Investigation.
d. If the respondent fails to appear during the scheduled hearing 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.
16. Preliminary Matters
a. 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.
b. If the respondent appears without the aid of a counsel, he/she shall be deemed to have waived his/her right to counsel.
c. 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.
17. Appearance or 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.
18. Order of Hearing
a. Unless the Committee on Decorum and investigation directs otherwise, the order of hearing shall be as follows.
i. The complainant shall present evidence in support of the charge;b. Every witness may be examined in the following order:
ii. The respondent shall then offer evidence in support of his/her defense;
iii. The complainant may then offer rebuttal evidence, and the respondent, sub-rebuttal evidence.
i. Direct examination by the proponent;c. A sworn statement of a witness, properly identified and affirmed by the witness before the Committee on Decorum and Investigation shall constitute his/her direct testimony.
ii. Cross-examination by the proponent
iii. Re-direct examination by the proponent;
iv. Re-cross examination by the proponent.
d. When the presentation of evidence has been concluded, the parties shall formally offer evidence 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.
19. Objections
a. 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 rules upon by the proper disciplining authority.
b. 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.
20. Markings
All documentary evidence or exhibits shall be properly marked by letters (A, B, C, etc.) if presented by the complainant and by numbers (1, 2, 3, etc.) if presented by the respondent. These shall form part of the complete records of the case.
21. Request for Subpoena
If a party desires the attendance of a witness or the production of documents or things, he/she shall make a request for the issuance of the necessary subpoena, at least three (3) days before the scheduled hearing.
22. 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.
23. Records of Proceedings
The proceedings of the forma! investigation must be recorded either through shorthand or stenotyped or by any method.
24. Formal investigation Report
a. 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 we!! as the recommendation, shali 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.
b. The complete records shall be systematically and chronologically arranged, paged and securely bound to prevent loss of contents shall be prepared. Whoever isin-chargeof the transmittal of the complete records shall be held responsible for any loss or suppression of pages thereof.
25. When Case is Decided
The disciplining authority shall render His decision on the ease thirty(30) days from receipt of the Report of Investigation.
26. Finality of Decisions
A decision rendered by heads of offices/units 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.
XII. REMEDIES AFTER A DECISION
1. Filing of Motion for Reconsideration
The party adversely affected by the decision may file a motion for reconsideration with the disciplining authority that rendered the decision within fifteen (15) days from receipt
2. When Deemed File
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.
3. 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 or irregularities have been committed prejudicial to the interest of the movant.
4. Limitation
Only one motion for reconsideration shall be entertained.
5. 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.
6. Filing of Appeals
a. Decision of heads of offices/units imposing a penalty exceeding thirty (30) days suspension or in an amount exceeding thirty (30) days salary, may be appealed to the Civil Service Commission Proper within a period of fifteen (15) days from receipt thereof.
b. In case the decision rendered by head of office/unit is appealabie to the Commission, the same may be initially appealed to the Chief, PNP and finally to the Civil Service Commission. Pending appeal, the same shall be executory except where the penalty is removal, in which case the same shali be executory only after confirmation by the Chief, PNP.
c. 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 be systematically and chronologically arranged, paged and securely bound to prevent loss with its comments, within fifteen (15) days, to the appellate authority.
d. The filing of a valid appeal shall not stop the decision from being executory and, in case the penalty is suspension or removal, the respondent shall be considered having been under preventive suspension during the pendency of the appeal, in the event he is exonerated.
7. When Deemed Filed
An appeal sent by mail shall be deemed filed on the date shown bythe postmark on the envelope that shall be attached to the records of the case antfjfl Ga$.Q.0f personal delivery, the date stamped thereon by the proper office.
8. Appeal Fee
The appellant shall pay an appeal fee of Five Hundred Pesos (P500.00} and a CODV of the receipt thereof shall be attached to the appeal.
9. Perfection of an Appeal
a. To perfect an appeal, the appellant shall within fifteen (15) days from receipt of the decision submit the following;
i. Notice of appeal which shall specifically state the date of the decision appealed from and the date of receipt thereof;b. Failure to comply with the above requirements within the reglementary period of fifteen (15) days from receipt of the decision shall be construed as failure to perfect an appeal and shall cause dismissal.
ii. Three (3) copies of appeal memorandum 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,
iii. Proof of service of a copy of the appeal memorandum to the disciplining .office;
iv. Proof of payment of the appeal fee; and
v. A statement or certification of non-forum shopping.
10. When Case is Remanded for Violation of Respondent's Right to Due Process
a. The case on appeal with the Civil Service Commission 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 CSC, unless the investigation is delayed due to the fault, negligence or petition of the person complained of, or an extension is granted by the CSC in meritorious cases. The period of delay shall not be included in the computation of the prescribed period.
b. Within fifteen (15) days from the submission of the investigation report to the disciplining authority, the disciplining authority shall render its decision. If, at the end of said period, the disciplining authority fails to decide the case, the CSC 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.
c. The Civil Service Regional/Field Office or the Office for Legal Affairs of the Civil Service Commission shall evaluate requests for extension of formal investigation 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.
d. For this purpose, the Regional/Field 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 Civil Service Commission.
11. Petition for Review
a. A complainant may elevate the decision of the disciplining authority dismissing a complaint for lack of a prima facie case before the CSC proper through a petition for review within fifteen (15) days from the receipt of said decision.
b. Aparty may elevate a decision of the Commission before the Court of Appeals by way of Petition for Review under Rule 43 of the 1987 Revised Rules of Court.
12. 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.
XIII. CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT
Sexual harassment is classified as grave, less grave and light offenses:
1. Grave Offenses shall include but are not limited to:XIV. ADMINISTRATIVE LIABILITIES
a. Unwanted touching of private parts of the body (genitalia, buttocks, and breast);
b. sexual assault;
c. malicious touching;
d. requesting for sexual favor in exchange for employment, promotional, 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; and
e. other analogous cases.
2. Less Grave Offenses shall include but are not limited to:
a. unwanted touching or brushing against a victim's body,
b. pinching not falling under grave offenses;
c. derogatory or degrading remarks if innuendoes directed toward the members" of one sex or one's sexual orientation or used to describe a person;
d. verbal abuse or threats with sexual overtones; and
e. other analogous cases.
3. Light Offenses shall include the following:
a. surreptitiously looking for stealing a look at a person's private part or worn undergarments;
b. 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 nature clearly embarrassing, offensive orviitnar.
c. malicious leering or ogling;
d. the display of sexually offensive pictures, materials or graffiti;
e. unwelcome inquiries or comments about a person's sex life;
f. unwelcome sexual flirtation; advances, propositions;
g. making offensive hand or body gestures at an employee;
h. persistent unwanted attention with sexual overtones;
i. unwelcome phone calls with sexual overtones causing discomfort, embarrassment, offense or insult to the receiver; and
j. other analogous cases
1. The head of office/unit who fails to act within fifteen (15) days frarm receipt of any complaint for sexual harassment properly filed against any employee jn that office/unit shall be charged with Neglect of Duty.
2. Any personnel who is found guilty of sexual harassment shall, after the investigation, be meted the penalty corresponding to the gravity and seriousness of the offense;
3. 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 offence and not exceeding six | - |
Fine or suspension not less than thirty (30) days (6) months |
| 2nd offence | Dismissal | |
| c. For grave offence | - |
Dismissal |
4. If the respondent is found guilty of two or more charges or counts, the penalty to be imposed should be at that corresponding to the most serious charge or count and the rest shall be considered as aggravating circumstances.
XV. REPEALING CLAUSE
All rules, regulations and other issuances, or portions thereof inconsistent with this circular are repealed or modified accordingly.
XVI. EFFECTIVITY
This Circular shaft take effect after fifteen (15) days from the filing of a copy hereof at the University of the Philippine Law Center in consonance with Sections 3 and 4 of Chapter 2. Book VIII of Executive Order No. 292, otherwise known as the "The Revised Administrative Code of 1987", as amended.
Adopted: 05 Sept. 2006
Police Director General
Chief, PNP