Pursuant to Resolution No. 01-0940 of the Civil Service Commission the following revised Implementing Guidelines on the Administrative Disciplinary Rules on Sexual Harassment Cases are hereby prescribed:

RULE 1-
DISCIPLINING AUTHORITY

Section 1. Disciplining Authority. - In accordance with Section 9(f) and Section 10(f) of the Revised Charter of the DBP (Executive Order No. 81, series of 1986 as amended by Republic Act No. 8523), the Disciplining Authority in the Bank shall be as follows:

1. For disciplinary cases involving officers from the rank of Vice President or its equivalent, and other more senior officer positions, the Disciplining Authority shall be the Board of Directors. The Board of Directors may delegate its Disciplining Authority and power to the President and Chief Executive Officer (CEO) of the Bank.
2. For disciplinary cases involving officers and/or employees below the rank of Vice President or its equivalent, the Disciplining Authority shall be the President and Chief Executive Officer (CEO) of the Bank. The President and CEO may delegate this authority to a Committee to be composed of the Chief Financial Officer of the Bank as Chairperson, the next highest ranking Sector Head as Vice Chairperson, and the Chief Legal Counsel as Member in accordance with Circular No. 24, series of 2013.

RULE II -
DEFINITION OF SEXUAL HARASSMENT

Section 1. 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 Bank employee or official in a work-related, training or education related environment of the person complained of.

Section 2. 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 ward of the person complained of.

Section 3. 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 III -
FORMS OF SEXUAL HARASSMENT

Section 1. The following are forms of sexual harassment:

1. Physical Malicious Touching
   
   1. Overt sexual advances
   2. Gestures with lewd insinuation.
2. Verbal, such as but not limited to, requests or demands for sexual favors and lurid remarks
3. Use of objects, pictures or graphics, letters or written notes with sexual underpinnings
4. Other forms analogous to the foregoing.

RULE IV -
PERSONS LIABLE FOR SEXUAL HARASSMENT

Section 1. A Bank official or employee, 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 these Rules;
2. induces or directs another or others to commit sexual harassment as defined by these Rules;
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.

RULE V -
COMMITTEE ON DECORUM AND INVESTIGATION

Section 1. Functions - A Committee on Decorum and Investigation shall perform the following functions:

1. Receive complaints of sexual harassment;
2. Investigate sexual harassment complaints in accordance with the prescribed procedure;
3. Submit a report of its findings with the corresponding recommendation to the Disciplining Authority for decision;
4. Lead in the conduct of discussions about sexual harassment within the agency or institution to increase understanding and prevent incidents of sexual harassment;

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 2. Composition and Term of Office. - The proper Disciplining Authority shall designate the members of the Committee on Decorum and Investigation, who shall have a term of two years from date of appointment and shall be composed of:

a.	For Rank-and-File -
	A Senior Officer	- Chairperson
	A Junior Officer	- Member
	A Representative of the DBP Employees Union	- Member
b.	For Junior Officers -
	A Sector Head	- Chairperson
	A Senior Officer	- Member
	A Representative of the Association of DBP Career Official (ADCO)	- Member
c.	For Senior Officers -
	Two members of the Board of Directors
	A Sector Head

The designees shall not have supervision over the Unit where the complainant and employee/official complained of are assigned.

Every Regional Marketing Center (RMC) shall have its respective Committee on Decorum and Investigation with the same composition, term of office, and functions as stated above and shall submit the report of investigation with its recommendation directly to the Disciplining Authority in accordance with these Guidelines. The RMC Committees shall handle branch cases involving junior officers and rank and file. On the other hand, cases involving the RMC personnel (officers and rank and file) will be handled by the appropriate Committee in the Head Office.

Section 3. CODI Secretariat. - The Secretariat of the Committee on Decorum and Investigation is the Corporate Governance Office (CGO).

Section 4. Functions of the Secretariat. -

1. To act as the receiving body of complaints for sexual harassment to be forwarded to the Disciplining Authority including answers, motions, pleadings and other relevant documents.
2. To be the custodian of all documents and records of the proceedings.
3. Other functions to be assigned by the Committee on Decorum and Investigation, including but not limited to supervision of the stenographers in the recording of the proceedings, and preparation of minutes thereof; report to the Committee members the failure of any party or parties to comply with any order or resolution of the Committee within the period prescribed therefor; receive the orders, decisions and resolutions of the Committee for promulgation and release to the parties concerned, and make entries of judgment.

RULE VI -
PROCEDURES

Section 1. Complaint.

1. The complaint may be filed at any time with the Disciplining Authority 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.
2. 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 complaint, if any;
   5. a certification of non-forum shopping.
      
      
   In the absence of anyone 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.
   
   
3. 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 1 (b) within ten (10) days from receipt of the notice for compliance.
4. 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 2. 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 3. 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 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.

Section 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.

Section 6. 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 7. 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 seventytwo 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 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 witnesses, if there be any, in support of respondent's case. It shall also include a statement indicating whether he/she elects a formal investigation.

Section 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.

Section 10. 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 his Office.

Section 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.

Section 12. 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 13. 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 is necessary to decide the case judiciously.

The investigation shall be held no 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 14. Prosecution. - The Chief Governance Officer shall designate a lawyer to serve as Prosecutor. If the complainant is assisted by counsel, he shall be under the direction and control of the Prosecutor.

Section 15. Pre-hearing Conference. - At the commencement of the formal investigation, the Committee on Decorum and Investigation may conduct a prehearing conference for the parties to appear, consider and agree on any of the following:

1. stipulation of facts;
2. simplification of issues;
3. identification and marking of evidence of the parties;
4. waiver of objections to admissibility of evidence;
5. limiting the number of witnesses, and their names;
6. dates of subsequent hearings; and
7. such other matters as may aid in the prompt and just resolution of the case.

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.

Section 16. Continuous Hearing Until Terminated; Postponement. - 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.

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. 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.

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 17. 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 18. 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 19. Order of Hearing. - Unless the Committee on Decorum and Investigation directs otherwise, the order of hearing shall be as follows:

1. The complainant shall present evidence in support of the charge;
2. The respondent shall then offer evidence in support of his/her defense;
3. The complainant may then offer rebuttal evidence and the respondent, surrebuttal evidence.

Every witness may be examined in the following order:

1. Direct examination by the proponent;
2. Cross-examination by the opponent;
3. Re-direct examination by the proponent;
4. Re-cross examination by the opponent.

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.

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 20. 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 21. 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.

Section 22. 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.

Section 23. 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 24. Records of Proceedings. - The proceedings of the formal investigation must be recorded either through shorthand or stenotype or by any other method.

Section 25. Effect of the Pendency of an Administrative Case. - The pendency of any administrative case shall not disqualify the respondent for promotion or 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.

Section 26. 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 lass. 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 27. When Case is Decided. - The Disciplining Authority shall render his decision on the case within thirty (30) days from receipt of the Report of Investigation of the Committee on Decorum and Investigation. All decisions involving Bank officers shall be reported to the Board of Directors for notation.

Section 28. Finality of Decisions. - Where the decision imposes 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, it 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 VII -
REMEDIES AFTER A DECISION

Section 1. 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 2. 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 3. Grounds for Motion for Reconsideration. - The motion for reconsideration shall be based on any of the following:

1. New evidence has been discovered which materially affects the decision rendered; or
2. The decision is not supported by the evidence on record; or
3. Errors of law or irregularities have been committed prejudicial to the interest of the movant.

Section 4. Limitation. - Only one motion for reconsideration shall be entertained.

Section 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.

Section 6. Filing of Appeals. - Decisions of the Disciplining Authority imposing a penalty exceeding thirty (30) days suspension or fine in an amount exceeding thirty days salary, may be appealed to the Civil Service Commission within a period of fifteen (15) days from receipt thereof.

A notice of appeal including the appeal memorandum shall be filed with the Civil Service Commission, copy furnished the Disciplining Authority. 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 Civil Service Commission.

Section 7. 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 case of personal delivery, the date stamped thereon by the proper office.

Section 8. Perfection of an Appeal. - To perfect an appeal, the appellant shall within fifteen (15) days from receipt of the decision submit the following:

1. Notice of appeal which shall specifically state the date of the decision appealed from and the date of receipt thereof;
2. 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;
3. Proof of service of a copy of the appeal memorandum to the disciplining office;
4. Payment of the appeal fee of Three Hundred Pesos (P300.00) and a copy of the receipt thereof shall be attached to the appeal; and
5. 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 9. 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 be considered as having been under preventive suspension during the pendency of the appeal, in the event he wins the appeal.

RULE VIII -
CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT

Section 1. 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 or threats with sexual overtones; and
5. other analogous cases.

C. The following shall be considered Light Offenses:

1. surreptitiously looking or stealing a look at 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 IX -
PENALTIES

Section 1. 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 not less than thirty (30) days and not exceeding six (6) months 2nd Offense - Dismissal
C.	For grave offenses: 1st Offense - Dismissal

Section 2. 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 X -
MISCELLANEOUS PROVISIONS

Section 1. Repeal. This repeals Circular No. 3 dated 27 March 2007.

Section 2. Effectivity. These revised Implementing Guidelines shall take effect immediately.

(SGD) GIL A. BUENAVENTURA
President & Chief Executive Officer