REVISED ADMINISTRATIVE DISCIPLINARY Number: 2100064

RULES ON SEXUAL HARASSMENT CASES

Re: Amendment to the Sexual Harassment provisions Promulgated : 20 January 2021
in the 2017 Revised Rules on Administrative
Cases in the Civil Service
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RESOLUTION
WHEREAS, the Civil Service Commission, as the central personnel agency of the
government, is mandated to promulgate rules and regulations relevant to administrative
discipline of civil servants, including the imposition of appropriate administrative sanctions, to
promote morale, efficiency, integrity, responsiveness and courtesy in the civil service, pursuant
to the 1987 Constitution, and Executive Order No. 292 (Administrative Code of 1987);

WHEREAS, the Commission in CSC Resolution No. 01-0940, issued the

Administrative Disciplinary Rules on Sexual Harassment pursuant to the implementation of
Republic Act No. 7877, otherwise known as the “Anti-Sexual Harassment Act of 1995”, which
declares unlawful sexual harassment against women and men in the employment, education
and training environment and mandated that every employers of 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, the Commission incorporated the provisions of the administrative

disciplinary rules on sexual harassment in the 2017 Rules on Administrative Cases in the Civil
Service, which took effect last August 18, 2017;

WHEREAS, Republic Act No. 11313 (Safe Spaces Act) which was signed into law
on April 17, 2019, provides in the declaration of its policies that: “it is the policy of State to
value the dignity of every human person and guarantee full respect for human rights. It is
likewise the policy of the State to recognize the role women in nation-building and ensure the
fundamental equality before the law of women and men. The state also recognizes that both
men and women must have equality, security and safety not only in private, but also on streets,
public spaces, online, workplaces and education and training institutions.”

WHEREAS, the Implementing Rules and Regulations (IRR) of R.A. No. 11313 was
issued and signed on October 28, 2019 and provides the guidelines and mechanisms in the
implementation of the Safe Spaces Act.

WHEREAS, Section 29, Article VI of the R.A. No. 11313 (Safe Spaces Act),
provides that: “Administrative Sanctions. - Above penalties are without prejudice to any
administrative sanctions that may be imposed if the perpetrator is a government employee”
which was fully reiterated in Section 38 of the IRR of R. A. No. 11313, further stating that:
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“The imposition of penalties outlined under R.A. No. 11313 is without prejudice to any
administrative sanctions that may be imposed if the perpetrator is a government employee.”

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, the Commission considers the need to revise and modify pertinent rules
on the administrative disciplinary rules on sexual harassment with the intent to harmonize the
same with the law.

WHEREAS, Section 34, Rule IX (Oversight Mechanism) of the Implementing

Rules of the Safe Spaces Act, identified the Commission as one of the members mandated to
implement the law and its rules to ensure the effective implementation of the law. It specifically
provides as one of its function to recommend policies and guidelines or measures to ensure
effective implementation of the law, as well as develop and recommend strategies to prevent
sexual harassment.

WHEREFORE, the Commission RESOLVES to AMEND AND MODIFY pertinent

provisions1 of the administrative disciplinary rules on sexual harassment as incorporated in the
2017 Rules on Administrative Cases in the Civil Service, as follows:

“Section. 4. Definition of Terms.

‘aa. SEXUAL HARASSMENT

SEXUAL HARASSMENT IN THE WORKPLACE includes the

following:

“i. An act or series of act involving any unwelcome sexual

advances, request or demand for sexual favors or any act of sexual
nature, whether done verbally, physically or through the use of
technology such as text messaging or electronic mail or through any
forms of information and communication systems, that has or could
have a detrimental effect on the conditions of an individuals’
employment or education, job performance or opportunities.

1
Amendments are in bold letters.
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“ii. A conduct of sexual nature affecting the dignity of a

person, which is unwelcome, unreasonable and offensive to the
recipient, whether done verbally, physically or through the use of
technology such as text messaging or electronic mail or through any
other forms of information and communication systems.

iii. A conduct that is unwelcome and pervasive and creates an

intimidating, hostile or humiliating environment for the recipient.

“Sexual harassment in the workplace may also be committed

by a government employee or official in a work-related, training or
education related environment of the person complained of, against
any person regardless of the motive for committing such action or
remarks, between peers, and by a subordinate to a superior office.

SEXUAL HARASSMENT IN STREETS AND PUBLIC SPACES

is committed through any unwanted and uninvited sexual actions or
remarks against any person regardless of the motive for committing such
action or remarks.

Sexual harassment in streets and public spaces includes

catcalling, wolf-whistling, unwanted invitations, misogynistic,
transphobic and sexists slurs, persistent uninvited comments or gestures
on a person’s appearances, relentless request for personal details,
statement of sexual comments and suggestions, public masturbation or
flashing of private parts, groping, or any advances, whether verbal of
physical, that is unwanted and has threatened one’s sense of personal
space and physical safety, and committed in public spaces as alleys, roads,
sidewalks and parks. Acts constitutive of sexual harassment in streets and
public spaces are those performed in buildings, schools, churches,
restaurants, malls, public washrooms, bars, internet shops, public
markets, transportation terminals or public utility vehicles.

ONLINE SEXUAL HARASSMENT refers to:

Gender-based online sexual harassment may be committed

through an online conduct targeted at a particular person that causes or
likely to cause another mental, emotional or psychological distress, and
fear for personal safety, sexual harassment acts including unwanted
sexual remarks and comments, threats, uploading or sharing of one’s
photo’s without consent, video and audio recordings, cyberstalking and
online identity theft.
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Gender-based online sexual harassment includes acts that use

information and communication technology in terrorizing and
intimidating victims through physical, psychological, and emotional
threats, unwanted sexual misogynistic, transphobic, homophobic and
sexist remarks and comments online whether publicly or through direct
and private messages, invasion of victim’s privacy through cyberstalking
and incessant messaging, uploading and sharing without the consent of
the victim, any form of media that contains photos, voice, or video with
sexual content, any unauthorized recording and sharing of any of the
victim’s photos, videos, or any information online, impersonating
identities of victims online or posting lies about the victims to harm their
reputation, or filing false abuse reports to online platforms to silence
victims.

xxx

“Section 14. Complaints in Sexual Harassment Cases.

‘a. Filing of Complaint. In sexual harassment cases, the

complaint shall be filed with the Committee on Decorum and
Investigation (CODI) which shall be created in all national or local
agencies of the government, state/local colleges and universities,
including government-owned or controlled corporations with original
charters.
‘b. Composition of CODI.2
‘1. CODI shall serve as an independent internal
mechanism to address and investigate complaints of sexual
harassment.
‘2. CODI in workplaces shall be composed of at least
one representative each from the management, the employees
from the supervisory rank, the rank-and-file employees, and
the union/s or employees association, if any. The head of
agency shall also ensure that there will be a sufficient number
of people who may immediately replace any member of the
CODI in case s/he inhibits from any case, or when needed, so
as not to cause any delay in the process being undertaken.

‘3. In educational and training institutions, the CODI

shall be composed of at least one (1) representative each from
the school administration, the trainers, faculty members or
instructors/professors, coaches and students or trainees, as

2 In reference to Section 33 of the IRR of RA No. 11313.

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deemed appropriate. Aside from the regular members of the

CODI, the school head or the head of training institution must
designate their respective permanent alternate who shall act on
their behalf in case of absence of the regular member and must
have the authority to render decision so as not to delay the
proceedings being undertaken and to ensure continuity of
deliberation.

‘4. Every CODI shall be headed by a woman and not

less than half of its members shall be women.

‘5. When the complainant or the person complained of

is a member of the Committee, he/she shall be disqualified
from being a member thereof or the complaint may be filed
directly with the Civil Service Commission or other disciplinary
authorities with jurisdiction over the case.

‘6. The complainant or the person complained of may

request a member of the CODI to inhibit, or the CODI member
may, on his/her initiative, cause the inhibition based on
conflict of interest, manifest partiality, and other reasonable
grounds. Upon such a grant of inhibition, the member shall
immediately be replaced so as not to cause a delay in the
proceedings.

‘7. The CODI shall ensure the protection of a

complainant from retaliation without causing her/him any
disadvantage, diminution of benefits or displacement, and
without compromising his/her security of tenure. It shall also
guarantee gender-sensitive handling of cases, and
confidentiality of the identity of the parties and the proceedings
to the greatest extent possible.

‘8. The CODI shall observe due process and within ten
(10) days from the termination of the conduct of the
investigation, submit a report of its findings with the
corresponding recommendation to the disciplining authority for
decision.

‘c. Duties and Liabilities of the Head of Office/Agencies or other

Persons of Authority, Influence or Moral Ascendancy.3 The head of office or
agency or other persons of authority, influence or moral ascendancy, shall
have the duty to prevent and deter the occurrence of sexual harassment cases,

3
In reference to Section 19 of the IRR of RA No. 11313.
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as well as ensure that necessary action be taken on complaint filed with the
CODI. To this extent, the head of office or agency shall:

‘1. Disseminate or post in a conspicuous place a copy of the

law and this rule to all persons in the workplace, which shall include
the following:

1.1 Sending copies of the law and its rules through

official notices or means of communications to
heads of different departments, bureaus, offices,
units or such subdivisions in a workplace for
proper information of their members;
1.2 Posting a copy of the law and its rules online or in
the official website of the workplace;
1.3 Conducting orientations on the law and its rules
and providing its employees with copies in print or
electronic form as well as preparing information
materials such as primers, frequently asked
questions and the like.

‘2. Provide measures to prevent sexual harassment in the

workplace, such as the conduct of anti-sexual harassment seminars,
which shall be provided to all employees, regardless of rank and
status.

Trainings on gender sensitivity, orientations on gender-based

violence, and other relevant topics may also be conducted, in addition
to the conduct of anti-sexual harassment seminars. Such trainings
and orientations, when conducted, should form part of their staff
development and basic knowledge of employees.

Trainings to further capacitate and increase the awareness of

CODI members on preventing sexual harassment and proper case
handling shall also be considered;

‘3. Create a Committee on Decorum and Investigation

(CODI) to investigate and address complaints of sexual harassment

‘4. Develop and disseminate, in consultation with employees or

their unions, if any, a code of conduct on sexual harassment and
CODI manual, which will be in accordance with the provisions of the
2017 RACCS.
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‘5.The agency may formulate its own rules governing the term
of office of its members which should not be more than two years, and
other matters pertaining to the functions of the Committee not otherwise
provided in these Rules.
‘6. Non-implementation of the above duties and the failure to
create a CODI or not taking action on complaints filed by the head of
office or agency shall be charged with Neglect of Duty.
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“Section 15. Jurisdiction of the CSC over Sexual Harassment Cases. In case
a complaint for sexual harassment is filed with the Commission, the same shall be
remanded to the agency where the alleged offender is employed. However, the
Commission may take cognizance of the case under any of the following
circumstances:

a. the agency has no CODI;

b. the disciplining authority is the subject of the complaint;
c. the subject of the complaint is a CODI member; or
d. there is unreasonable delay in complying with the periods provided in
these Rules for the investigation and adjudication of a sexual
harassment complaint.

For this purpose, there is unreasonable delay when any of the periods set in
these Rules lapsed for a period of more than thirty (30) days without justifiable
reason.

In cases wherein the respondent to a sexual harassment complaint is the

head of office who is either a presidential appointee or an elective official, a
complaint for sexual harassment shall be filed directly with the proper
disciplining authority.

The Commission shall conduct periodic review to ensure compliance of

all government offices and/or agencies in accordance with the guidelines
provided under the PRIME-HRM.

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“Section 16. Withdrawal of the Complaint. The withdrawal of the complaint

does not result in its outright dismissal or discharge of the person complained of
from any administrative liability.

“Section 17. Action on the Complaint. Upon receipt of a complaint which is

sufficient in form and substance, the disciplining authority shall conduct a
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preliminary investigation to determine the existence of a prima facie case. The

disciplining authority may create an investigating committee or designate an
investigator for such purpose.

In sexual harassment cases, the CODI shall perform the following

functions:

1. Receive complaints of sexual harassment;

2. Investigate sexual harassment complaints including preliminary
investigation in accordance with the prescribed procedure;
3. Within ten (10) days from the termination of the conduct of the
investigation, submit a report of its findings with the corresponding
recommendation to the disciplining authority for decision;
4. Ensure the protection of the complainant from retaliation and
guarantee confidentiality to the greatest extent possible as well as
ensure that the respondent is given the opportunity to be properly
notified of and respond to the charge/s and that parties are given
information on the hearings and its outcomes.4

5. Lead in the conduct of discussions about sexual harassment within

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

Localized CODI 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.

The agency shall adopt mechanisms to provide assistance to the alleged

victim of sexual harassment which may include counselling, referral to an agency
offering professional help, and advice on options available before the filing of the
complaint.

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“Section 51. Other Specific Offenses. The following acts also constitute
administrative offenses.

A. The Offense of Sexual Harassment.

4
In reference to Section 13 of the IRR of RA No. 11313.
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Sexual Harassment in the Workplace

I. Grave Offenses punishable by dismissal from the service shall

include, but are not limited to:
a. unwanted touching of private parts of the body (inner thighs,
genitalia, buttocks and breast);
b. sexual assault;
c. malicious touching;
d. 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
e. other analogous cases.

II. Less Grave Offenses punishable by suspension of one month and

one day to six months for the first offense; and dismissal from the
service for the second offense, 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 or innuendoes directed
toward the members of one sex, or one’s sexual orientation or
used to describe a person;
d. verbal abuse with sexual overtones; and
e. other analogous cases.

III. Light Offenses punishable by reprimand for the offense;

suspension of one to thirty days for the second offense; and
dismissal from the service for the third offense, shall include, but
are not limited to:

a. surreptitiously looking at a person’s private part or worn

undergarments;
b. making sexist statements and uttering smutty jokes or sending
these through text, electronic mail including but not limited to
social media platform, 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;
c. malicious leering or ogling;
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d. 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 other analagous cases.

Sexual Harassment in Streets and Public Places

A government official or employee who commits sexual harassment

in streets or public spaces as defined shall be meted the following
penalties depending on the gravity of the offense:

a. Light Offense of Sexual Harassment in Streets and Public

Spaces is committed when a public official or employee
engages in acts that include catcalling or wolf-whistling. Such
acts are punishable by reprimand for the first offense,
suspension of one (1 )to thirty (30) days for the second offense
and dismissal from the service for the third offense.

b. Less Grave Offense of Sexual Harassment in Streets and

Public Spaces is committed when a public official or employee
engages in acts that include unwanted invitations,
misogynistic, transphobic and sexists slurs, persistent
uninvited comments or gestures on a person’s appearances,
relentless request for personal details or making statements
comments and suggestions with sexual inuendos such acts are
punishable by suspension of one (1) month and one (1) day
suspension to six ( 6 )months for the first offense, and
dismissal from the service for the second offense.

c. Grave Offense of Sexual Harassment in Streets and Public

Spaces is committed by a public official or employee who
engages in acts that include public masturbation or flashing of
private parts, groping, or any advances, whether verbal of
physical, that is unwanted and has threatened one’s sense of
personal space and physical safety, and committed in public
spaces as alleys, roads, sidewalks and parks. Such acts are
punishable by dismissal from the service.
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Online Sexual Harassment

a. Light Online Sexual Harassment is committed by a

government official or employee who engages in acts
that include unwanted sexual misogynistic,
transphobic, homophobic and sexist remarks and
comments online whether publicly or through direct
and private messages, invasion of victim’s privacy
through cyberstalking and incessant messaging with
sexual overtones. Such acts are punishable by
reprimand for the first offense; suspension of one (1)
to thirty (30) days for the second offense; and dismissal
from the service for the third offense.

b. Less Grave Online Sexual Harassment is committed

by a government official or employee who engages in
acts that include the use information and
communication technology in terrorizing and
intimidating victims through physical, psychological,
and emotional threats with sexual overtones. Such acts
are punishable by suspension of one (1) month and one
(1) day to six (6) months for the first offense; and
dismissal from the service for the second offense,

c. Grave Online Sexual Harassment punishable by

dismissal from the service, includes uploading and sharing
without the consent of the victim, any form of media that
contains photos, voice, or video with sexual content, any
unauthorized recording and sharing online of any of the
victim’s photos, videos, or any information of sexual
content, impersonating identities of victims online or
posting lies of sexual nature about the victims to harm their
reputation, or filing false abuse reports to online platforms
to silence victims of sexual harassment.

IV. For the purpose of these Rules, the administrative offense of sexual
harassment is further described in the following circumstances:

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
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security, benefits and any other human resource 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; or

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 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.

c. The offense may also take place in the following instances:

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;
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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, or any online platforms

“V. Persons Liable for Sexual Harassment xxx.”

xxx

The Commission FURTHER RESOLVES that all other existing policies which are
inconsistent with this amended policy are deemed modified accordingly.

This Resolution shall take effect fifteen (15) days from the date of its publication in a
newspaper of general circulation or the Official Gazette.

Quezon City.

ORIGINAL SIGNED
ALICIA dela ROSA-BALA
Chairperson

ORIGINAL SIGNED
ATTY. AILEEN LOURDES A. LIZADA VACANT
Commissioner Commissioner

Attested by:

KATHERINE LIMARE-DELMORO
Acting Director IV
Commission Secretariat and Liaison Office

OLA4/Y59/mcc-wfh
Reso_SH Rules Amendments pursuant to RA No. 11313