Implementing Rules and Regulations on the Handling of Sexual Harassment Cases Under RA 7877
The DICT Administrative Order No. 01-17 establishes the implementing rules and regulations for handling sexual harassment cases within the Department of Information and Communications Technology (DICT) under Republic Act 7877. It defines sexual harassment as unwelcome sexual advances or behavior in a work or educational environment and categorizes offenses into grave, less grave, and light, each with corresponding penalties. The Order mandates the formation of a Committee on Decorum and Investigation to handle complaints, conduct investigations, and ensure proper procedures are followed. It also outlines the processes for filing complaints, conducting investigations, and appeals, emphasizing confidentiality and the rights of both complainants and respondents. These regulations aim to create a safer and more respectful workplace while ensuring accountability for violations.
Quick Answers
- What is Implementing Rules and Regulations on the Handling of Sexual Harassment Cases Under RA 7877 about?
- The DICT Administrative Order No. 01-17 establishes the implementing rules and regulations for handling sexual harassment cases within the Department of Information and Communications Technology (DICT) under Republic Act 7877. It defines sexual harassment as unwelcome sexual advances or behavior in a work or educational environment and categorizes offenses into grave, less grave, and light, each with corresponding penalties. The Order mandates the formation of a Committee on Decorum and Investigation to handle complaints, conduct investigations, and ensure proper procedures are followed. It also outlines the processes for filing complaints, conducting investigations, and appeals, emphasizing confidentiality and the rights of both complainants and respondents. These regulations aim to create a safer and more respectful workplace while ensuring accountability for violations.
- What type of law is DICT Administrative Order No. 01-17?
- Implementing Rules and Regulations on the Handling of Sexual Harassment Cases Under RA 7877 (DICT Administrative Order No. 01-17) is a Philippine Implementing Rules and Regulations enacted by the Congress of the Philippines.
- When was Implementing Rules and Regulations on the Handling of Sexual Harassment Cases Under RA 7877 enacted?
- Implementing Rules and Regulations on the Handling of Sexual Harassment Cases Under RA 7877 (DICT Administrative Order No. 01-17) was enacted on Jan 19, 2017.
- What is the citation for Implementing Rules and Regulations on the Handling of Sexual Harassment Cases Under RA 7877?
- Implementing Rules and Regulations on the Handling of Sexual Harassment Cases Under RA 7877, DICT Administrative Order No. 01-17, Jan 19, 2017 (Philippines)
Law Information
- Reference Number
- DICT Administrative Order No. 01-17
- Date Enacted
- Subcategory
- Sexual Harassment
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
January 19, 2017
DICT ADMINISTRATIVE ORDER NO. 01-17
| SUBJECT | : | Implementing Rules and Regulations on the Handling of Sexual Harassment Cases Under RA 7877 |
RULE I
Coverage
1. These Rules shall apply to all officials and employees of the Department of Information and Communications Technology (DICT), both in the Central Office and in Field Operations Office (FOO) Clusters, whether in the career or non-career service and holding any level of position, including Presidential appointees, regardless of status. HTcADC
RULE II
Definition
2. For the purpose of these Rules, 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 government employee or official in a work-related, training or education related environment of the person complained of.
(a) Work related sexual harassment is committed under the following circumstances:
i. 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
ii. 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
iii. 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:
i. 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.
ii. 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
iii. the act or series of acts might reasonably 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.
3. Sexual harassment may take place:
(a) in the premises of the workplace or office or of the school or training institution;
(b) in any place where the parties were found as a result of work or education or training responsibilities or relations;
(c) at work or education or training-related social functions;
(d) while on official business outside the office or school or training institution or during work or school or training-related travel;
(e) at official conferences, fora, symposia or training sessions; or
(f) by telephone, cellular phone, fax machine or electronic mail.
RULE III
Forms or Sexual Harassment
4. The following are illustrative forms of sexual harassment:
(a) Physical
i. Malicious Touching;
ii. Overt sexual advances;
iii. Gestures with lewd insinuation.
(b) Verbal, such as but not limited to, requests or demands for sexual favors, and lurid remarks;
(c) Use of objects, pictures or graphics, letters or writing notes with sexual underpinnings;
(d) Other forms analogous to the forgoing.
RULE IV
Persons Liable for Sexual Harassment
Any official or employee, regardless of sex, is liable for sexual harassment when he/she:
(a) directly participates in the execution of any act of sexual harassment as defined by these Rules;
(b) induces or directs another or others to commit sexual harassment as defined by these Rules;
(c) cooperates in the commission of sexual harassment by another through an act without which the sexual harassment would not have been accomplished;
(d) cooperates in the commission of sexual harassment by another through previous or simultaneous acts. aScITE
RULE V
Committee on Decorum and Investigation of Sexual Harassment Cases
6. A Committee on Decorum and Investigation shall be created in the Central Office and FOO Clusters. The Committee shall perform the following functions:
(a) Receive complaints of sexual harassment;
(b) Investigate sexual harassment complaints in accordance with the prescribed procedure;
(c) Submit a report of its findings with the corresponding recommendation to the Secretary for decision;
(d) Lead in the conduct of discussions about sexual harassment within the agency or institution to increase understanding and prevent incidents of sexual harassment;
FOO Committees on Decorum and Investigation established in the regional or field offices, as the case may be, shall have the same functions as stated above and shall submit the report of investigation with its recommendation directly to the Secretary.
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.
7. Composition. — In a work-related environment, a Committee on Decorum and Investigation shall be composed of at least one (1) representative each from the management, the accredited union, if any, the second level employees, and from the first level employees, duly selected by the unit concerned.
In an educational or training institution, the Committee shall be composed of at least one (1) representative from the administration, the trainers, teachers, instructors, professors or coaches, and students or trainees, as the case may be, duly selected by the level concerned.
RULE VI
Pre-filing Standard Operating Procedures in Attending to Victims of Sexual Harassment
8. The Pre-filing Stage. — The DICT, through the Committee, may adopt mechanisms to provide assistance to an alleged victim of sexual harassment which may include counseling, referral to an agency offering professional help, and advice on options available before the filing of the complaint.
RULE VII
Standard Procedural Requirements
9. The procedural rules provided hereunder are the standard requirements in handling a sexual harassment case.
10. Complaint.
(a) The complaint may be filed at any time with the Secretary, or with the Committee on Decorum and Investigation. Upon receipt of the complaint by the Secretary of the office or agency, the same shall be transmitted to the Committee on Decorum and Investigation, if there is any.
(b) The complaint must be in writing, signed and sworn to by the complainant. It shall contain the following:
i. the full name and address of the complainant;
ii. the full name, address, and position of the respondent;
iii. a brief statement of the relevant facts;
iv. evidence, in support of the complainant, if any;
v. a certification of non-forum shopping.
In the absence of any one 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.
(c) 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 10 (b) within ten (10) days from receipt of the notice for compliance.
(d) 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.
11. 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.
12. 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. HEITAD
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.
13. 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.
14. 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 Secretary.
15. Decision or Resolution After Preliminary Investigation. — If a prima facie case is established during the investigation, a formal charge shall be issued by the Secretary 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.
16. Formal Charge. — After finding a prima facie case, the Secretary 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 seventy-two 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-affidavit 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.
17. 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. If shall also include a statement indicating whether he/she elects a formal investigation.
18. 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.
19. 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 Secretary 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 this office. aDSIHc
20. Duration of Preventive Suspension. — When the administrative case against the respondent under preventive suspension is not finally decided by the Secretary 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.
21. Remedies from the Order of Prevention Suspension. — The respondent may file a motion for reconsideration with the Secretary or may elevate the same to the Civil Service Commission by way of an appeal within fifteen (15) days from receipt thereof.
22. 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 as necessary to decide the case judiciously.
The investigation shall be held not earlier than five (5) days nor later than ten (10) days from receipt of the respondent's answer. Said investigation shall be finished within thirty (30) days from the issuance of the formal charge or the receipt of the answer unless the period is extended by the Secretary in meritorious cases.
23. Pre-hearing Conference. — At the commencement of the formal investigation, the Committee on Decorum and Investigation may conduct a pre-hearing conference for the parties to appear, consider and agree on any of the following:
(a) stipulation of facts;
(b) simplification of issues;
(c) identification and marking of evidence of the parties;
(d) waiver of objections to admissibility of evidence;
(e) limiting the number of witnesses, and their names;
(f) dates of subsequent hearings; and
(g) such other matters as may aid in the prompt and just resolution of the case.
The parties may submit position paper/memoranda and submit the case for resolution based on the result of the pre-hearing conference without any need for further hearing.
24. 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 counsels 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.
25. 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.
26. 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.
27. Order of Hearing. — Unless the Committee on Decorum and Investigation directs otherwise, the order of hearing shall be as follows:
(a) The complainant shall present evidence in support of the charge;
(b) The respondent shall then offer evidence in support of his/her defense;
(c) The complainant may then offer rebuttal evidence, and the respondent, sur-rebuttal evidence. ETHIDa
Every witness may be examined in the following order:
(d) Direct examination by the proponent;
(e) Cross-examination by the opponent;
(f) Re-direct examination by the opponent;
(g) Re-cross examination by the opponent.
A sworn statement of a witnesses, 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.
28. 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 Secretary.
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.
29. Markings. — All documentary evidence or exhibits shall be properly marked by letters (A, B, C, etc.) if presented by the respondent. These shall form part of the complete records of the case.
30. Request for Subpoena. — If a party desires the attendance of a witness or the production of documents of things, he/she shall make a request for the issuance of the necessary subpoena, at least three (3) days before the scheduled hearing.
31. 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.
32. Records of Proceedings. — The proceedings of the formal investigation must be recorded either through shorthand or stenotype or by any other method.
33. 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 Secretary has issued a formal charge.
34. 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 Secretary. 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 loss. 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.
35. When Case is Decided. — The Secretary shall render his decision on the case within thirty (30) days from receipt of the Report on Investigation.
36. Finality of Decisions. — A decision rendered by heads of agencies where a penalty of suspension for not more than thirty (30) days or a fine in an amount not exceeding thirty (30) days salary is imposed, shall be final and executory. However, if the penalty imposed is suspension exceeding thirty (30) days or a fine exceeding thirty (30) days salary, the same shall be final and executory after the lapse of the reglementary period for filing a motion for reconsideration or an appeal and no such pleading has been filed.
RULE VIII
Remedies after a Decision
37. Filing of Motion for Reconsideration. — The party adversely affected by the decision may file a motion for reconsideration with the Secretary who rendered the decision within fifteen (15) days from receipt thereof.
38. 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.
39. Grounds for Motion for Reconsideration. — The motion for reconsideration shall be based on any of the following: cSEDTC
(a) New evidence has been discovered which materially affects the decision rendered; or
(b) The decision is not supported by the evidence on record; or
(c) Errors of law or irregularities have been committed prejudicial to the interest of the movant.
40. Limitation. — Only one motion for reconsideration shall be entertained.
41. 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.
42. Filing of Appeals. — Decisions of heads of departments, agencies, provinces, cities, municipalities and other instrumentalities imposing a penalty exceeding thirty (30) days suspension or fine in an amount exceeding thirty (30) days salary, may be appealed to the Commission Proper within a period of fifteen (15) days from receipt thereof.
In case the decision rendered by a bureau or office head is appealable to the Commission, the same may be initially appealed to the department head and finally to the Commission Proper. Pending appeal, the same shall be executory except where the penalty is removal, in which case the same shall be executory only after confirmation by the Secretary concerned.
A notice of appeal including the appeal memorandum shall be filed with the appellate authority, copy furnished the disciplining office. The latter shall submit the records of the case, which shall be systematically and chronologically arranged, paged and securely bound to prevent loss with its comment, within fifteen (15) days, to the appellate authority.
43. 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 the case of personal delivery, the date stamped thereon by the proper office.
44. Appeal Fee. — The appellant shall pay an appeal fee of Three Hundred Pesos (P300.00) and a copy of the receipt thereof shall be attached to the appeal.
45. Perfection of an Appeal. — To perfect an appeal, the appellant shall within fifteen (15) days from receipt of the decision submit the following:
(a) Notice of appeal which shall specifically state the date of the decision appealed from and the date of receipt thereof;
(b) Three (3) copies of appeal 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;
(c) Proof of service of a copy of the appeal memorandum to the disciplining office;
(d) Proof of payment of the appeal fee; and
(e) 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.
46. 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 considered as having been under preventive suspension during the pendency of the appeal, in the event he wins the appeal.
47. When Case is Remanded for Violation of Respondent's Right to Due Process. — If the case on appeal with the Commission Proper is remanded to the proper Secretary for further investigation, the said Secretary through the Committee on Decorum and Investigation shall finish the investigation within three (3) calendar months from the date of receipt of the records from the Commission, unless the investigation is delayed due to the fault, negligence or petition of the person complained of, or an extension is granted by the Commission Proper in meritorious cases. The period of delay shall not be included in the computation of the prescribed period.
Within fifteen (15) days from the submission of the investigation report to the Secretary, it shall render its decision. If, at the end of said period, the Secretary fails to decide the case, the Commission Proper shall vacate and set aside the appealed decision and declare the person complained of exonerated of the charge. If the person complained of is under preventive suspension, he shall be immediately reinstated.
The Civil Service Regional Office or the Office for Legal Affairs of the Civil Service Commission shall evaluate requests for the extension of formal investigations and grant the same on meritorious grounds. In disposing the requests, said office shall be guided by the principles of justice and fair play, provided, that the extension shall not be for more than twenty (20) days.
For this purpose, the Regional Director shall monitor the implementation of the CSC Resolution remanding the case to the proper Secretary for further investigation and submit a report to the Commission Proper.
48. Petition for Review. — A complainant may elevate the decision of the Secretary dismissing a complaint for lack of a prima facie case before the Commission Proper through a Petition for Review within fifteen (15) days from the receipt of said decision.
49. Petition for Review with the Court of Appeals. — A party may elevate a decision of the Commission before the Court of Appeals by way of Petition for Review under Rule 43 of the 1997 Revised Rules of Court.
50. Petition for Certiorari. — When the Secretary has acted without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction and there is no appeal, nor any plain, speedy and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition for certiorari in the proper court under Rule 65 of the Rules of Court.
RULE IX
Classification of Acts of Sexual Harassment
51. Sexual harassment is classified as grave, less grave and light offenses.
(a) Grave Offenses shall include, but are not limited to:
i. unwanted touching of private parts of the body (genitalia, buttocks and breast);
ii. sexual assault;
iii. malicious touching;
iv. 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
v. other analogous cases.
(b) Less Grave Offenses shall include, but are not limited to:
i. margin-top: 0pt; margin-bottom: 0pt;unwanted touching or brushing against a victim's body;
ii. pinching not falling under grave offenses;
iii. derogatory or degrading remarks or innuendoes directed toward the members of one sex, or one's sexual orientation or used to describe a person; SDAaTC
iv. verbal abuse with sexual overtones; and
v. other analogous cases.
(c) The following shall be considered Light Offenses;
i. surreptitiously looking or staring a look of a person's private part or worn undergarments;
ii. 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;
iii. malicious leering or ogling;
iv. the display of sexually offensive pictures, materials or graffiti;
v. unwelcome inquiries or comments about a person's sex life;
vi. unwelcome sexual flirtation, advances, propositions;
vii. making offensive hand or body gestures at an employee;
viii. persistent unwanted attention with sexual overtones;
ix. unwelcome phone calls with sexual overtones causing discomfort, embarrassment, offense or insult to the receiver; and
x. other analogous cases.
RULE X
Administrative Liabilities
52. Any person who is found guilty of sexual harassment shall, after the investigation, be meted the penalty corresponding to the gravity and seriousness of the offense.
53. The penalties for light, less grave, and grave offenses are as follows:
(a) For light offenses:
i. 1st offense — Reprimand
ii. 2nd offense — Fine or suspension not exceeding thirty (30) days
3rd offense — Dismissal
(b) For less grave offenses:
i. 1st offense — Fine or suspension of not less than thirty (30) days and not exceeding six (6) months
ii. 2nd offense — Dismissal
(c) For grave offenses: Dismissal
54. 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 XI
Duty of the Agencies of the Government
55. The DICT shall submit an authenticated copy of these rules and regulations on sexual harassment to the Commission for approval within one (1) month from the date of their promulgation.
56. The DICT shall develop an education and training program for their officials and employees and the members of their Committee on Decorum and Investigation to increase understanding about sexual harassment, prevent its occurrence, and ensure proper investigation, prosecution and resolution of sexual harassment cases.
RULE XII
Cases during the Intervening Period
57. During the period when the agency is still in the process of promulgating or modifying its own rules and regulations on sexual harassment, a complaint alleging acts constituting sexual harassment shall be administratively prosecuted, resolved and adjudicated based on Civil Service Commission (CSC) Resolution 01-0940, series of 2001.
RULE XIII
Forum Shopping
58. Under the same set of ultimate facts, the filing of a complaint based on the DICT's rules and regulations on sexual harassment shall preclude the filing of another administrative complaint under any other law. acEHCD
RULE XIV
Repealing Clause
59. Rules and regulations and other issuances or parts thereof inconsistent with the provisions of these Rules are hereby repealed or modified accordingly.
RULE XV
Effectivity Clause
60. These rules shall be published in a newspaper of general circulation, with three (3) certified true copies filed at the Office of the National Administrative Register (ONAR). These rules shall take effect fifteen (15) days after publication and filing at the ONAR. After publication, a certified true copy of these rules shall be submitted within one (1) month to the Civil Service Commission for approval.
Endorsed by:
(SGD.) JORGE V. SARMIENTOUndersecretary
(SGD.) DENIS F. VILLORENTEUndersecretary
(SGD.) ELISEO M. RIO, JR.Undersecretary
Approved:
(SGD.) RODOLFO A. SALALIMASecretary
Cite This Law
Implementing Rules and Regulations on the Handling of Sexual Harassment Cases Under RA 7877, DICT Administrative Order No. 01-17, Jan 19, 2017 (Philippines)
Implementing Rules and Regulations on the Handling of Sexual Harassment Cases Under RA 7877, DICT Administrative Order No. 01-17 (Phil. 2017)
Related Laws
- Implementing Rules and Regulations on RA 7877CSC Memorandum Circular No. 30-95 • Oct 10, 1995 • Implementing Rules and Regulations
- Implementing Rules and Regulations of R.A. No. 7877 for the Philippine Science High School SystemIRR of RA 7877 • Feb 6, 2002 • Implementing Rules and Regulations
- Rules and Regulations on Administrative Sexual Harassment Cases of the Foreign Service Institute (R.A. 7877)DFA Foreign Service Institute Office Order No. 21-08 • Jan 30, 2008 • Implementing Rules and Regulations
- Rules and Regulations Implementing R.A. 7877 (Anti-Sexual Harassment Act of 1995)DOLE Administrative Order No. 250-95 • Jun 21, 1995 • Implementing Rules and Regulations
- Rules and Regulations Implementing Republic Act No. 7877 (Anti-Sexual Harassment Act of 1995)Office of the Ombudsman Administrative Order No. 18 • Feb 12, 2004 • Implementing Rules and Regulations
- Rules and Regulations on Administrative Sexual Harassment CasesDFA Order No. 05-02 • Jan 31, 2002 • Implementing Rules and Regulations
Browse More Implementing Rules and Regulations
Explore other laws in the Implementing Rules and Regulations category.
View All Implementing Rules and RegulationsNeed Help Understanding This Law?
Ask our AI assistant to explain provisions, implications, or related laws.
Ask AI About This Law