Professional Documents
Culture Documents
Reso 2100064 - REVISED SH RULES
Reso 2100064 - REVISED SH RULES
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, 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:
Amendment to the Rules on Administrative
Sexual Harassment as provided in 2017 RACCS
Page 2 of 13
x---------------------------------------------------------x
“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.
1
Amendments are in bold letters.
Amendment to the Rules on Administrative
Sexual Harassment as provided in 2017 RACCS
Page 3 of 13
x---------------------------------------------------------x
xxx
‘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.
3
In reference to Section 19 of the IRR of RA No. 11313.
Amendment to the Rules on Administrative
Sexual Harassment as provided in 2017 RACCS
Page 6 of 13
x---------------------------------------------------------x
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:
‘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.
xxx
“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:
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.
xxx
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.
xxx
“Section 51. Other Specific Offenses. The following acts also constitute
administrative offenses.
4
In reference to Section 13 of the IRR of RA No. 11313.
Amendment to the Rules on Administrative
Sexual Harassment as provided in 2017 RACCS
Page 9 of 13
x---------------------------------------------------------x
IV. For the purpose of these Rules, the administrative offense of sexual
harassment is further described in the following circumstances:
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