CSC GENDER AND DEVELOPMENT (GAD) AGENDA

Published: 23 October 2020

As the Philippine Government’s premier HR institution, the CSC aims to mold a

gender responsive government through gender mainstreaming using the Gender
and Development or GAD approach.

The GAD Agenda of the CSC supports the thrusts and directions under the CSC
Performance Governance System (PGS). Moreoever, the GAD Agenda recognizes
the various GAD commitments of the CSC under various gender-related laws,
notably, the Philippine Plan for Gender Responsive Development (1995-2025), the
Beijing Platform for Action (the resulting document from the Fourth World
Conference on Women in Beijing, China in 1995 adopted by the United Nations),
Women in Development and Nation Building Act (Republic Act No. 7192), Anti-
Sexual Harassment Act of 1995 (Republic Act No. 7877), Anti-Violence Against
Women and their Children Act of 2004 (Republic Act No. 9262), and the Magna
Carta of Women (Republic Act No. 9710).

The GAD perspective of the CSC vision is:

To become the leading gender responsive HR/OD institution.

In order to attain the vision, the CSC’s primary GAD mission are:
To integrate and advocate gender equality principles and perspectives in all
HR/OD policies, programs, and systems in government.

To ensure that every civil servant is gender responsive through the development
and enhancement of their capacity to use gender lens
in their work toward public service excellence.

CSC’s GAD goals are:

1. To ensure gender sensitive HR/OD systems in the government

Desired outcomes:

• Equal rights and opportunities for civil servants, including representation and
participation of women in decision-making through gender responsive HR/OD
policies and programs systems;
• Better and equitable access to work opportunities and decent work conditions;
• Civil servants capacitated with gender lens

2. To develop competent and credible civil servants who are gender responsive

Desired outcome:
• Gender outlook changes so as to view women as men’s equals
3. To establish sustainable partnerships and foster cooperation with networks
and allies within and outside of the Philippine Civil Service to promote a gender
responsive bureaucracy

Desired outcome:
• Partnership with external stakeholders institutionalized

GAD MILESTONES

Published: 23 October 2020

Since the late 80s, the CSC has been leading the Philippine government in
promoting gender equity, be it in policy-making and implementation or technical
assistance. Its strong background in gender advocacy is reflected in the
landmark laws it has supported and in GAD milestones throughout three
decades:

1989
• Establishment of the Commission Day Care Center. This innovation helped
mothers focus on their work at the absence of extra worry for their children who
could instead be left at home.

• Enforcement of a full flextime schedule. CSC Memorandum Circular No. 14

allows employees to start and end work at a time convenient to them provided
that the same shall not be prejudiced to the prompt and efficient delivery of
service.

1990
• Implementation of the Equality Advocates program or EQUADS. The Equads
program promotes equality of treatment and opportunities in the workplace by
eliminating discrimination due to gender, ethnic or social origin, religious belief,
physical disability or political affiliation.

1991
• Designation of Trained Equality Advocates in 14 administrative regions of the
country. These EQUADS look into cases of discrimination, answer queries, offer
advice and provide counseling to aggrieved employees.

• Revisiting of Maternity leave benefits. As stipulated in CSC Memo Circular No.

17, s. 1991 the Maternity Leave Law was modified to allow a woman the option
to return to her work before the expiration of her two-month leave. This
adjustment will allow her to receive the benefits granted under the Maternity
Leave law and the salary for actual services rendered effective the day she
reports for work.

1994
• Promulgation of the anti-sexual harassment policy in the workplace (Memo
Circular No. 19). The said circular defined anti-sexual harassment policy in the
workplace. The said circular defined sexual harassment and characterized it as
an administrative offense that may be categorized as Grave Misconduct,
Conduct Prejudicial to the Best Interest of the Service of Simple Misconduct.

• Involvement of public sector unions for Project Talaan. Talaan paved the way
for the drawing up of a checklist of reasonable working conditions that enhance
employee productivity. Health and sanitation, security and safety, overtime
services, leave privileges and working hours were among the areas considered
in the checklist.

1995
• CSC’s participation in Career Advancement Program for Women in Government
Service (CAPWINGS). This program sought to promote the advancement of
women in government through a three-pronged strategy: capability-building and
advocacy, policy strengthening and/or development, and enhancement of support
mechanisms.

1996
• Expansion of leave privileges. The Commission, through Memorandum Circular
No. 6, granted state employees special leave privileges to enable them to attend
to milestones of their lives such as graduation, enrollment, anniversary, birthday.
(plus funeral, hospitalization and relocation)

• Grant of Paternity Leave. To complement the maternity leave enjoyed by

women, CSC jointly penned with the Department of Health the policy granting
paternity leave. This privilege is granted to a married male employee, allowing
him to take a leave for seven days with pay to enable him to lend support and
care for his wife in her period of recovery, either after delivery or miscarriage,
and in taking care of the newly-born.

• Development of Primer on Women in Government Service. This was done to

provide information on the plans, programs, social benefits, privileges and career
opportunities for women government workers. Said information material was
distributed to various government workers, the Commission developed a Primer
on Women in Government Service. Said information materials were distributed to
various government agencies and GAD focal persons.
1999
• Calling for equal representation of women and men in the third level
positions. Addressing the need to level the playing field, the Commission issued
in 1999 a directive (CSC Memorandum Circular No. 8) calling for equal
representation of women and men in the third level positions in government to
promote gender equality. Corollary to the move of supporting the appointment of
women to crucial posts in government, a Directory of Women on the Move was
produced, also in 1999. The Directory is a compilation of organized and strategic
information about qualified women for vacancies in the Cabinet and other
executive positions.

2000
• Intensification of GAD efforts. The CSC continued to intensify its efforts in the
pursuit of GAD. By early 2000, it has integrated GAD perspectives in the most
visible of its programs – the conduct of civil service tests. Through the
Examination, Recruitment and Placement Office, CSC implemented GAD
initiatives via two methods:

1. the use of indirect approach in which GAD concepts, issues and statistics are
used as scenarios or situations in test items, regardless of the areas being
measured; and,
2. the use of non-sexist language in all test items. Orientation programs for
special examiners on the use of non-sexist language in the construction of test
items were likewise conducted, complemented by the production of a mini-
handbook.

• Organization of WAG. Women occupying senior-level managerial positions in

government organized themselves as Women Executives Against Graft (WAG).
The group was formed during a woman’s forum organized by the CSC, the
Philippine Commission on Women or PCW (formerly National Commission on the
Role of Filipino Women or NCRFW), and the Career Executive Service Board. WAG
aims to build a critical mass of government offices that are graft and corruption
free.

2001
• Formulation of the Administrative Disciplinary Rules on Sexual Harassment
Cases. Considered a landmark issuance of the CSC, the new Rules provide for
the consistent and uniform rules of procedure in investigating, prosecuting and
resolving sexual harassment cases in government cases. Presented to President
Gloria Macapagal-Arroyo, the new rules harmonized the provisions of Republic
Act No. 7877 otherwise known as the Anti-Sexual Harassment Act of 1995 and
CSC Memo Circular No. 19, s. 1994. The new rules paved the way for the
protection of women and men in government as well as the creation of a healthy
working environment.

• Publication on SH. The Commission, through the Office for Legal Affairs and in
partnership with the PCW, came up with two publications: Fighting Sexual
Harassment in the Bureaucracy: A Manual; and Sexual Harassment Cases: A
Compendium. The Manual on Fighting Sexual Harassment in the Bureaucracy
presents in detail the legal bases of the anti-sexual harassment law and
discusses the new administrative rules on sexual harassment. It provides the
general principles to be followed when resolving such cases and presents a step-
by-step procedure in handling complaints. It also underscores the accountability
of the agency head in monitoring and ensuring that sexual harassment cases are
properly and decisively addressed.

• Creation of CODI. Among the salient provisions of the Administrative

Disciplinary Rules on Sexual Harassment is the creation of the Committee on
Decorum and Investigation (CODI) in all government agencies. The CODI shall be
responsible for receiving and investigating sexual harassment complaints.
Capability-building programs were designed for those who will conduct training
programs on the anti-sexual harassment rules and policies. The training manual,
with two versions prepared each for the trainer and the participant, was pilot
tested in 2003 in Manila and Cebu. Complementary initiatives include the
production and dissemination of communication support materials such as
posters, stickers and comic books.

• Production of Compendium on Sexual Harassment Cases which contains CSC,

Court of Appeals, and Supreme Court decisions on sexual harassment.

2002
• Granting of maternity leave benefits to women, whether married or
unmarried. Pursuant to the Solo Parents Welfare Act of 2002 which directs
government to develop a comprehensive program of services for solo parents
and their children, the Commission granted maternity leave benefits to women,
whether married or unmarried. Previously, only married women were given
maternity leave privileges. Also, the Commission issued a directive granting
seven (7) days of parental leave to solo parents in recognition of their parental
responsibilities and obligations.

• Establishment of training on SH. A memorandum of agreement was signed

with the Department of Education for the conduct of training on sexual
harassment organized by the Office for Personnel Management and
Development.

• Celebrating Women’s Month. Employees have also began to look forward to

the celebration of Women’s Month in March as a host of activities are lined by
OPMD. These activities include physical check up (pap smear and mammogram
exams for women and prostrate exams for men), mass calisthenics, parenting
workshops, film showing, and “piknik sa kalikasan.”

2004
• Development of GST. The Commission through the Human Resource
Development Office, developed a training design on Gender Sensitivity Training
(GST) Program. The program aims to enhance awareness and deeper
understanding of gender concepts and the manifestations of gender bias. The
GST program was also pilot-tested during the year.

• Passing of Anti-SH rules and policies. Despite the inroads made in promoting
anti-sexual harassment rules and policies, the Commission assumed still an
active role in advocating for the passage of law that ends violence against
women (VAW). CSC’s efforts bore fruit as the law was eventually passed. The
next logical step is the formulation of the law’s implementing rules and
regulations (IRR), in which task the Commission is an active participant.

• Creation of GANG. To strengthen GAD mainstreaming in the CSC, a core of

GAD advocates was constituted at the central and regional offices. The Gender
and Networking Group (GANG), which is voluntary and official in nature, is
envisioned to serve as a formidable voice of people working in unison towards
the promotion of gender and development.

2005
• Implementation of 10-Day leave benefit. CSC Resolution No. 05-1206 was
issued, containing the Guidelines on the Availment of the 10-day leave under
Republic Act No. 9262 (Anti-Violence Against Women and their Children Act of
2004). The said edict entitles any female employee in the government service
regardless of employment status, who is victim of violence or any woman
employee whose child is a victim of violence to a paid leave of absence not
exceeding ten days. Prepared by the Personnel Relations Office and the Office
for Legal Affairs, the resolution states as well documents to be submitted to
avail of the leave privilege.

• Participation in the IAC-VAWC. The Commission, through PRO, actively

participated in the meetings of the Interagency Council on the Violence Against
Women and their Children, providing invaluable assistance in the 16-Day
Campaign in the elimination of violence against women. PRO prepared the ten-
panel photo exhibit which will be mounted in different government agencies
during the campaign.

2008
• Launching of GKA. In the spirit of recognizing CSC officials and employees’
significant contribution in pushing for GAD, the CSC launched the Gawad
Kawayan awards in 2008. It has since held the awards program every year.
Through this program, CSC aims to recognize and celebrate outstanding
contribution of individuals, offices and GANG members in the CSC Central Office
in Gender and Development (GAD) mainstreaming efforts to achieve gender
equality in the CSC and the bureaucracy.

2009
• Passing of MCW. Perhaps the most significant development in GAD in 2009 is
the passing of Republic Act No. 9710 or the Magna Carta of Women (MCW) into
law. The MCW further solidifies the fight against violence against women, and
upholds the goal of gender equity in the Philippines. Considered as a landmark
law, the MCW embodies the spirit and letter of the United Nations Convention on
the Elimination of All Forms of Discrimination against Women (CEDAW) which
recognize the rights and freedoms of all women, particularly the marginalized.
The Act is a consolidation of Senate Bill No. 2396 and House Bill No. 4273 which
was finally passed by the Senate and the House of Representatives on May 19,
2009 and May 20, 2009, respectively. It was signed into law by President Gloria-
Macapagal Arroyo on August 14, 2009.

2010
• Marking the second year of GKA

• Studying and promoting MCW

• Developing the gender advocacy group. The GANG was also renamed as the
Gender and Development Advocates or GADvocates. To effectively carry out its
functions, the group was divided into six committees namely: Capability-Building
Committee, Benefits and Intervention Committee, Events Management
Committee, Public Relations/External Affairs Committee, Research and Policy
Review Committee, and Membership and Ethics Committee. To ensure that
members of the GADvocates are themselves well-equipped with gender-related
issues, the GAD Secretariat organized a continuing education program, featuring
a monthly session on different facets of GAD.

2011
• Establishing CSC Referral System on VAWC. In line with the implementation of
Republic Act No. 9262 or the Anti-VAWC Act, the CSC, as a member of the Inter-
Agency Council on Violence Against Women and Children (IACVAWC) has been
tasked to formulate programs and projects to eliminate VAW. IACVAWC has
since then set up assistance programs and services for VAWC victims. CSC’s
contribution is the establishment of a referral system that would it to link with
institutions that can provide victims with assistance such as temporary shelters,
legal counseling, psycho-social counseling services, recovery rehabilitation
programs, and livelihood assistance. Guidelines were issued and GAD focal
persons were oriented and trained for the said endeavor.

2012
• Continuing Learning and Education (CLE) for CSC GADvocates. A series of CLE
sessions were offered to GADvocates to help them keep abreast with the latest
in GAD issues. Sessions in gender and media, VAWC-related laws and cases,
MCW, women and religion, among others, were held at the CSC Function Room.

• Adding Breastfeeding Facility to Day Care Center. CSC’s Day Care Center was
equipped with a breastfeeding station to cater to the needs of nursing mothers.

• Offering scholarships in Gender and Development through the Philippines-

Australia Human Resource and Organisational Development Facility
(PAHRDOF). CSC personnel were sent to Australian universities through
scholarships in the field of Gender and Development. Their Re-Entry Action Plan
are used to support CSC’s gender advocacy efforts.

2013
• Strengthening VAWC Referral System Implementation. The Commission
undertook the Commission-wide implementation of VAWC Referral System to
strengthen the GAD mechanisms and support system to employee victim-
survivors of gender-based violence to ensure their recovery and reintegration.
This program also serves to strengthen partnerships within different government
entities. There is an existing pool of focal persons capacitated to manage the
Referral System in the Central and Regional Offices

• Incorporating Gender Into CSC’s HR Initiatives. The CSC mainstreamed gender

concerns in the Career Service Examination through orientation of Special
Examiners and development of test questions as part of the test bank and in the
Program to Institutionalize Meritocracy and Excellence in HRM (PRIME-HRM)
integrating gender-based indicators.

• Participating in Crafting the Women’s EDGE Plan. The CSC participated in

policy making, implementation, and advocacy initiatives with the Committee on
Women and Gender Equality (CWGE), Philippine Commission on Women (PCW)
and different institutions on the enhancement and furtherance of gender-related
bills and policies and crafting of Women's Empowerment, Development, and
Gender Equality (Women's EDGE) Plan which is a time slice of the Philippine Plan
for Gender-Responsive Development (PPGRD).

• Training CSC Office Correspondents’ Network (CNet) in gender

advocacy. CSC’s group of information officers nationwide, collectively called
CNet, were trained gender responsive communication and gender advocacy,
linking their work with that of the CSC GADvocates. Linking CSC’s
communication and gender initiatives strengthens its capability to engage its
own employees and to continue promoting gender equity among government
agencies.

2014
• Participating the Beijing Platform for Action (BPfa) country report
preparation. The CSC through the GADvocates participated in the Technical
Working Groups for the Philippines Report bearing the country’s contributions to
Beijing Platform for Action (BPfA). GADvocates participated in the TWGs for
women and armed conflict, women and health, women and media, women and
leadership, and women and the environment. The CSC also chaired the TWG on
women and leadership, and actively participated in the generation of reports for
the rest of the TWGs.
MAGNA CARTA OF WOMEN (R.A. 9710)

Published: 23 October 2020

The various existing laws and policies to empower and protect women, and
ensure equal rights and opportunities for men and women, have been
strengthened further with the enactment of Republic Act No. 9710, otherwise
known as The Magna Carta of Women.

The Act, which is a consolidation of Senate Bill No. 2396 and House Bill No.
4273, was finally passed by the Senate and the House of Representatives on May
19, 2009 and May 20, 2009, respectively. It was signed into law by President
Gloria Macapagal-Arroyo on August 14, 2009.

Full text of R.A. 9710 and its Implementing Rules and Regulations (from the PCW
website)

Salient provisions

Women’s rights are human rights - “All rights in the Constitution and those rights
recognized under international instruments duly signed and ratified by the
Philippines, in consonance with Philippine law, shall be rights of women under
this Act to be enjoyed without discrimination.” (Section 8)

Equal employment opportunities

- “Within the next (5) years, there shall be an incremental increase in the
recruitment and training of women in the police force, forensics and medico-
legal, legal services, and social work services availed of by women who are
victims of gender-related offenses until fifty percent (50%) of the personnel
thereof shall be women.” (Section 9A)
- “Within the next five (5) years, the number of women in third (3rd) level
positions in government shall be incrementally increased to achieve a fifty-fifty
(50-50) gender balance.” (Section 10A)

“All local government units shall establish a Violence Against Women’s Desk in
every barangay to ensure that violence against women cases are fully
addressed in a gender-responsive manner.” (Section 9C)

Women in the military

- “The State shall pursue appropriate measures to eliminate discrimination of
women in the military, police, and other similar services, including revising or
abolishing practices that restrict women from availing of both combat and
noncombat training that are open to men, or from taking on functions other than
administrative tasks, such as engaging in combat, security-related, or field
operations. Women in the military shall be accorded the same promotional
privileges and opportunities as men, including pay increases, additional
remunerations, and benefits and awards based on their competency and quality
of performance…

Further, women in the military, police and other similar services shall be entitled
to leave benefits such as maternity leave, as provided for by existing laws.”
(Section 15)

Special leave privileges - “A woman employee having rendered continuous

aggregate employment service of at least six (6) months for the last twelve (12)
months shall be entitled to a special leave benefit of two (2) months with full pay
based on her gross monthly compensation following surgery caused by
gynecological disorders.” (Section 18)

Gender and development (GAD) budget - “The cost of implementing GAD

programs shall be the agency’s or the local government unit’s GAD budget which
shall be at least five percent (5%) of the agency’s or the local government unit’s
total budget appropriations.” (Section 36A)

Other laws protecting women and children

• Women in Development and Nation Building Act (R.A. 7192)

• Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act (R.A. 7610)
• Anti-Sexual Harassment Act of 1995 (R.A. 7877)
• Anti-Rape Law of 1997 (R.A. 8353)
• Rape Victim Assistance and Protection Act of 1998 (R.A. 8505)
• Anti-Trafficking in Persons Act of 2003 (R.A. 9208)
• Anti-Violence Against Women and their Children Act of 2004 (R.A. 9262)
PARENTAL LEAVE FOR SOLO PARENTS

Published: 23 October 2020

Read the full text of Guidelines on the Grant of Parental Leave to Solo Parents
(CSC Memorandum Circular No. 8, s. 2004)

Sino ang pwedeng mag-avail ng parental leave?

Sa pamahalaan, entitled sa parental leave ang mga sumusunod:

• Babaeng empleyado na nagsilang ng anak na bunga ng rape, kahit wala pang

hatol sa offender o nagkasala (dapat kupkupin at palakihin ng babaeng
empleyado na ito ang bata);
• Magulang na naiwang mag-isa sa pagpapalaki ng kanyang anak dahil sa
pagkamatay ng asawa, pagkakakulong ng asawa, pagkabaliw ng asawa, legal
separation, annulment ng kasal, o pag-abandona sa kanya ng asawa ng hindi
bababa sa isang taon;
• Sinumang may anak ngunit hindi kasal at nais na kupkupin ang kanyang anak
imbis na ipa-alaga ito sa iba;
• Sinumang mag-isang nagbibigay ng parental care and support sa isa o higit
pang bilang ng bata (ang taong ito ay kailangang may kaukulang lisensya bilang
foster parent mula sa DSWD o kaya ay duly appointed legal guardian ng korte);
• Family member na nagsisilbing head of the family bunga ng pagkamatay,
abandonment, disappearance o prolonged absence ng mga magulang na tumagal
ng isang taon.

Para makapag-avail ng parental leave, dapat ang isang solo parent ay nakapag-
serbisyo na sa pamahalaan nang hindi bababa sa isang taon, regardless of
employment status (i.e. permanent, casual, temporary).

Naga-apply rin ba ito sa mga solo parents na lalake?

Oo. Babae man o lalaking solo parent, basta pasok sa criteria na nabanggit, ay
maaaring bigyan ng parental leave.

Bakit binibigyan ng batas ang mga solo parents na magkaroon ng special leave
benefits?

Mahalaga para sa bawat magulang na magkaroon ng sapat na panahon para sa

kanilang mga anak, ngunit hindi ito madali kapag sinasabayan ito ng mga
obligasyon sa trabaho. Ano pa kaya kung ikaw ay nag-iisa lang sa pagpapalaki ng
anak?
Binibigyan ng parental leave ang mga solo parents sa pamahalaan upang
magkaroon sila ng higit na panahon para gampanan ang parental duties nila, lalo
na sa mga sitwasyon na hinihingi ang kanilang physical presence.

Ilang araw ang ibinibigay na parental leave? Sa aling mga pagkakataon ito
pwedeng gamitin?

Pitong (7) araw sa isang taon ang ibinibigay na parental leave ayon sa guidelines
ng CSC. Pwede itong ma-avail sa mga sumusunod na pagkakataon:

• Personal milestones ng bata (i.e. kaarawan, first communion, graduation);

• Pagdalo sa PTA meetings or school programs;
• Pag-asikaso sa medical, social, spiritual and recreational needs ng bata;
• At iba pang circumstances kung saan required ang physical presence ng
tumatayong magulang.

Paano ang proseso ng pag-avail nito?

• Kumuha ng Solo Parent Identification Card mula sa City or Municipal Social

Welfare and Development Office. Ang ID Card na ito ay valid for one year at
renewable kada taon.
• Sagutan ang CS Form No. 6 at i-submit ito kasama ng certified true copies ng
Solo Parent ID at birth certificate ng bata (at least one week prior to availment)
• Mandatory ang approval ng application for parental leave mula sa Head of
Office/Agency basta valid at nasunod lahat ng conditions at requirements.

Paid leave ba ito?

Opo, ibig sabihin makakakuha ng sweldo ang solo parent sa mga araw na pinili
niyang i-avail ang kanyang parental leave.

Paano kung hindi naubos ng solo parent ang pitong araw na special leave niya,
maaari pa ba itong gamitin sa susunod na taon?

Hindi, forfeited na ito.

Paano kung ang isang solo parent ay nakapag-asawa, maaari pa ba siyang mag-
apply ng parental leave?

Mate-terminate ang parental leave kung nagkaroon ng pagbabago sa status o sa

sitwasyon ng pamilya ng isang solo parent. Halimbawa, nag-asawa siya o
ang responsibilidad ng pagpapalaki sa bata ay nailipat na sa kamag-anak o sa
isang welfare institution.
SEXUAL HARASSMENT IN THE PUBLIC SECTOR

Published: 23 October 2020

Sa ilalim ng polisiya ng CSC, ano ang pakahulugan ng sexual harassment?

Ayon sa CSC Resolution No. 01-0940 o ang Administrative Disciplinary Rules on

Sexual Harassment Cases:

• Ang terminong “sexual harassment” ay patungkol sa unwelcome sexual

advance, paghingi o pagde-demand ng sexual favor, o anumang klase ng
pananalita o kilos na may bahid sekswal
- Unwelcome, ibig sabihin ang akto ay hindi ayon sa kagustuhan ng biktima

• Offender ay government employee or official

- Lahat ng opisyal at empleyado sa national and local government, state
colleges and universities, government owned and controlled corporations,
kasama ang Presidential appointees at elective officials
- Career or non-career, and regardless of position
- Sakop ng polisiyang ito kung ang offender ay isang empleyado o opisyal ng
pamahalaan, kahit ang biktima ay hindi taga-gobyerno.

• Ginawa sa loob ng isang work-related, training or education related

environment.

May iba-ibang klase ba ito?

• Physical - makikita sa paraan ng malisyosong paghawak o paghipo, overt or

obvious sexual advances, at gestures na may bahid ng pambabastos
• Verbal - kasama rito ang paghingi ng sexual favors at malisyosong pananalita
• Paggamit ng mga bagay, larawan o sulat na may bahid sekswal

Ano ang maaaring ugat ng sexual harassment sa lugar ng trabaho?

• Malaking factor dito ang gender bias, o ang pagtingin ng isang tao toward
another person of the opposite sex bilang mas mahina.

• May mga pag-aaral na nagsasabing ito ay bunga ng work environment kung

saan ang mga staff sa isang opisina ay magkakasama ng walong oras o higit pa
sa isang araw.

• Maaaring ito rin ay dahil sa superior-subordinate relationship. May mga

pagkakataon na inaabuso ng isang opisyal ang kanyang status bilang mas
nakatataas.
• Lalo pa ngayon na usung-uso ang cellphones, e-mail at iba pang technological
devices, mas madali para sa mga harassers na makapang-biktima ng kanilang
mga kasama sa trabaho.

Ano ang epekto ng sexual harassment sa loob ng pamahalaan?

• Ang sexual harassment ay isang klase ng human right violation. Malaki ang
epekto nito sa mga biktima lalo na sa aspetong pisikal (physical) at sikolohikal
(psychological). Dahil ito ay work-related, maaari itong magdulot ng pagbaba ng
morale at productivity ng biktima.

• Para sa isang institusyong gaya ng pamahalaan kung saan malaking bahagi

nito ay binubuo ng mga kababaihan, mahalagang siguruhin na protektado ang
mga babaeng empleyado laban sa karahasan at diskriminasyon.

Ano ang dapat tandaan ng isang empleyado kung pakiramdam niyang siya ay
naging biktima ng sexual harassment?

May ilang mga bagay na dapat tandaan ang isang tao kung pakiramdam niyang
siya ay biktima ng sexual harassment:

• Huwag i-deny ang pangyayari

• Huwag isiping matitigil ang pambabastos kung hindi niya ito papansinin
• Huwag matakot na magsumbong o humingi ng payo o tulong sa kinauukulan;
put everything in writing
• Huwag antaying lumala ang “offensive behavior” bago gumawa ng aksyon
• Kung ang pambabastos ay ginawa ng mahigit isang beses, isulat ang mga
detalye ng bawat pangyayari
• Kung maaari, maghanap ng witness at mga ebidensya mula sa mga ka-trabaho
• Kung gusto ng “legal action”, maghain ng formal complaint

May laban ba ang mga biktima ng sexual harassment? Kanino o saan sila
maaaring lumapit?

• Mayroong mga institusyon at mekanismo na nagbibigay suporta sa mga biktima

ng sexual harassment.

• Sa lahat ng opisina ng pamahalaan ay may – o dapat may – Committee on

Decorum and Investigation (CODI) na binubuo ng mga miyembro ng management
at mga empleyado. Ito ang tumutulong upang labanan o sugpuin ang sexual at
iba pang klase ng harassment sa lugar ng pagtatrabaho. Ito ay nakasaad sa R.A.
7877 o ang Anti-Sexual Harassment Act of 1995.
• Bago pa man isinabatas ang R.A. 7877, ang CSC ay nakapaglabas na ng polisiya
tungkol sa sexual harassment (CSC Resolution 01-0940 signed in 2001)

Ano ang mga prosesong dapat nilang pagdaanan? Ano ang maaari nilang asahan
na aksyon?

• Dadaan sila sa legal process (i.e. filing of complaint, investigation, hearing,

decision, appeals)
• Maaari rin bigyan ang biktima ng tulong sa pamamagitan ng counseling, referral
at iba pa.

Paano natin mahihimok ang mga biktima (pati na rin mga witness) ng sexual
harassment na humingi ng tulong sa kinauukulan o maghain ng reklamo?

Karaniwan na para sa mga biktima ng sexual harassment ang mag-alinlangan

pagdating sa paghahain ng reklamo. Maaaring:

• Sinisisi nila ang kanilang sarili kung bakit nangyari ang pambabastos (e.g.
being too friendly, wearing sexy or revealing outfit, has loose morals)
• Nahihiya silang malaman ng ibang tao na sila ay biktima ng ganitong klaseng
pangyayari o “fear of discrimination”
• Mayroon silang “fear of retaliation” lalo na kung ang inirereklamong indibidwal
ay may authority
• Iniisip nilang walang patutunguhan ang kanilang reklamo

Responsibilidad ng mga kinauukulan na siguruhing ang mga sensitibong kaso

tulad ng sexual harassment ay inaaksyunan ng tama at may pag-iingat.
Kailangan ring mabigyan ng assurance ang biktima na bibigyan ng karampatang
atensyon at aksyon ang kanyang reklamo, at siya ay aalalayan laban sa
retaliation at discrimination.

Maaari bang masiguro na maitatago ang pagkatao ng biktima, maging ang mga
dokumentong kaugnay sa kaso?

Base sa Section 44 ng R.A. 9262, lahat ng records pagdating sa mga kaso ng

karahasan sa kababaihan ay kinakailangang ituring na confidential bilang pag-
respeto sa privacy ng biktima. Pagdating sa application for ten-day leave, ang
mga staff na magpo-proseso ng mga dokumento ng isang victim of violence ay
dapat umiwas sa pag-leak o pagsiwalat ng sensitive information na dumadaan sa
kanila.

SEC. 44. Confidentiality. – All records pertaining to cases of violence against

women and their children including those in the barangay shall be confidential
and all public officers and employees and public or private clinics to hospitals
shall respect the right to privacy of the victim. Whoever publishes or causes to
be published, in any format, the name, address, telephone number, school,
business address, employer, or other identifying information of a victim or an
immediate family member, without the latter’s consent, shall be liable to the
contempt power of the court.

May mga special benefits at services bang ibinibigay para sa mga biktima ng
sexual harassment?

Benefits – see Ten-Day Leave Privilege for VAWC victims

Services – Counseling
• Humingi ng tulong sa HR department o disciplining authority ng ahensya

• Magna Carta of Women

Sec. 30. Women in Especially Difficult Circumstance – For purposes of this Act,
“Women in Especially Difficult Circumstances” (WEDC) shall refer to victims and
survivors of sexual and physical abuse, illegal recruitment, prostitution,
trafficking, armed conflict, women in detention, victims and survivors of rape
and incest, and such other related circumstances which have incapacitated
them functionally. Local government units are therefore mandated to deliver the
necessary services and interventions to WEDC under their respective
jurisdictions.

Sec. 31. Services and Interventions. – WEDC shall be provided with services and
interventions as necessary such as but not limited to, the following:

(a) Temporary and protective custody;

(b) Medical and dental services;
(c) Psychological evaluation;
(d) Counseling;
(e) Psychiatric evaluation;
(f) Legal services;
(g) Productivity skills capability building;
(h) Livelihood assistance;
(i) Job placement;
(j) Financial assistance, and
(k) Transportation assistance

Ano ang kaparusahan sa mga taong mapapatunayang nagkasala ng sexual

harassment?
Ang administrative liabilities na isasampa ay depende sa klase ng nagawang
offense.

GRAVE OFFENSE
- Examples: unwanted touching of private parts, sexual assault, request for
sexual favor in exchange for employment, promotion, passing grade (para sa
harassment in an education or training related environment), etc.
- Penalty: Dismissal

LESS GRAVE OFFENSE

- Examples: unwanted touching (non-private parts), verbal abuse with sexual
overtones
- Penalties: 1st offense – fine or suspension not less than 30 days and not
exceeding six months; 2nd offense – dismissal

LIGHT OFFENSE
- Examples: stealing a look at a person’s private part or undergarments, sending
sexist/smutty jokes electronic means (i.e. text, email), malicious ogling, making
offensive hand or body gestures
- Penalties: 1st offense – reprimand; 2nd offense – fine or suspension not
exceeding 30 days; 3rd offense – dismissal
TEN-DAY LEAVE FOR VAWC VICTIMS

Published: 23 October 2020

Read the full text of Guidelines on the Availment of Ten-Day Leave Under R.A.
9262 (CSC Resolution No. 051206)

Sino ang pwedeng mag-avail ng ten-day leave?

Maaaring mag-avail ng ten-day leave ang mga sumusunod:

• Sinumang babaeng empleyado ng gobyerno na biktima ng karahasan*

• Sinumang babaeng empleyado ng gobyerno na may anak na biktima ng
karahasan (may edad 18 years old pababa, o mahigit 18 years old ngunit walang
kakayahang suportahan ang sarili)

*Definition of "Violence Against Women and their Children" under R.A. 9262 (Anti-
Violence Against Women and their Children Act of 2004), Section 3:

As used in this Act, (a) "Violence against women and their children" refers to any
act or a series of acts committed by any person against a woman who is his
wife, former wife, or against a woman with whom the person has or had a sexual
or dating relationship, or with whom he has a common child, or against her child
whether legitimate or illegitimate, within or without the family abode, which
result in or is likely to result in physical, sexual, psychological harm or suffering,
or economic abuse including threats of such acts, battery, assault, coercion,
harrasment or arbitrary deprivation of liberty. It includes, but is not limited to,
the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed

against a woman or her child. It includes, but is not limited to:

- rape, sexual harassment, acts of lasciviousness, treating a woman or her child

as a sex object, making demeaning and sexually suggestive remarks, physically
attacking the sexual parts of the victim’s body, forcing her/him to watch obscene
publications and indecent shows or forcing the woman or her child to do
indecent acts and/or make films thereof, forcing the wife and mistress/lover to
live in the conjugal home or sleep together in the same room with the abuser;
- acts causing or attempting to cause the victim to engage in any sexual activity
by force, threat of force, physical or other harm or threat of physical or other
harm or coercion;
- Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions causing or likely to cause
mental or emotional suffering of the victim such as but not limited to
intimidation, harassment, stalking, damage to property, public ridicule or
humiliation, repeated verbal abuse and mental infidelity. It includes causing or
allowing the victim to witness the physical, sexual or psychological abuse of a
member of the family to which the victim belongs, or to witness pornography in
any form or to witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of common children.

D. "Economic abuse" refers to acts that make or attempt to make a woman

financially dependent which includes, but is not limited to the following:

- withdrawal of financial support or preventing the victim from engaging in any

legitimate profession, occupation, business or activity, except in cases wherein
the other spouse/partner objects on valid, serious and moral grounds as defined
in Article 73 of the Family Code;
- deprivation or threat of deprivation of financial resources and the right to the
use and enjoyment of the conjugal, community or property owned in common;
- destroying household property;
- controlling the victims’ own money or properties or solely controlling the
conjugal money or properties.

Ano ang layunin sa pagbibigay ng special leave benefit sa mga empleyadong

babae na biktima ng karahasan?

Malaki ang epekto ng karahasan sa physical, psychological at emotional aspects

ng isang biktima. Kung pipilitin natin ang isang babaeng empleyado na biktima
ng karahasan na gawin ang kanyang mga responsibilidad sa opisina, lalo na kung
bago pa lang ang kanyang karanasan, baka hindi niya rin magawa ng maayos ang
kanyang trabaho. Ang special leave benefit na ito ay isang paraan ng pagbibigay
sa mga biktima ng relief at suporta.

Ang special leave ay maaari ring gamitin para asikasuhin ang mga proseso
kaugnay ng pagsasampa ng kaso, o para sa pagpapatingin sa doktor.

Sa kabilang banda, ang mga babaeng empleyado na may anak na biktima ng

karahasan ay mayroon ring special leave benefit para maibigay niya ang mga
pangangailangan ng anak at, gaya ng unang nabanggit, maasikaso niya ang
pagpapatingin sa doktor o pagsasampa ng kaso laban sa nagkasala.

Paano ang proseso ng pag-avail ng ten-day leave?

• Mag-file ng reklamo bago ang actual leave of absence o pagbalik ng empleyado

sa opisina.
• Magsumite ng Barangay Protection Order (BPO) galing sa barangay at
Temporary/Permanent Protection Order (TPO/PPO) mula sa korte.
• Kung wala pang nai-issue na protection order, magsumite ng certification mula
sa Punong Barangay/Kagawad o Prosecutor o Clerk of Court kung saan nag-file
ng BPO/TPO/PPO.
• Kung wala ang mga nabanggit na requirements, maaaring magsumite ng police
report na nagsasaad ng mga detalye ng nagawang karahasan kasabay ng isang
medical certificate, depende sa discretion ng immediate supervisor ng
concerned female employee.

Paid leave ba ito?

Opo, ibig sabihin makakakuha ng sweldo ang concerned female employee sa

mga araw na pinili niyang i-avail ang kanyang ten-day leave.

Paano kung hindi naubos ng empleyado ang sampung araw na special leave niya,
maaari pa ba itong gamitin sa susunod na taon?

Hindi, forfeited na ito.

Maaari bang ma-extend ang ten-day leave?

Maaari po kung kinakailangan, batay sa sinasabi ng protection order. Sa

ganitong pagkakataon, maaari niyang gamitin ang iba niyang leave benefits tulad
ng sick leave at vacation leave.

Pwede bang itago ang identity ng mga empleyadong naga-apply for ten-day
leave, sakaling ayaw nilang malaman ng iba na sila ay biktima ng karahasan?

Base sa Section 44 ng R.A. 9262, lahat ng records pagdating sa mga kaso ng

karahasan sa kababaihan ay kinakailangang ituring na confidential bilang pag-
respeto sa privacy ng biktima. Pagdating sa application for ten-day leave, ang
mga staff na magpo-proseso ng mga dokumento ng isang victim of violence ay
dapat umiwas sa pag-leak o pagsiwalat ng sensitive information na dumadaan sa
kanila.

SEC. 44. Confidentiality. – All records pertaining to cases of violence against

women and their children including those in the barangay shall be confidential
and all public officers and employees and public or private clinics to hospitals
shall respect the right to privacy of the victim. Whoever publishes or causes to
be published, in any format, the name, address, telephone number, school,
business address, employer, or other identifying information of a victim or an
immediate family member, without the latter’s consent, shall be liable to the
contempt power of the court.