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 )
January 30, 2008
January 30, 2008
DFA FOREIGN SERVICE INSTITUTE OFFICE ORDER NO. 21-08
IMPLEMENTING RULES AND REGULATIONS ON ADMINISTRATIVE SEXUAL HARASSMENT CASES
WHEREAS, Section 11, Article II of the 1987 Philippine Constitution provides that the State values the dignity of every human person and guarantees full respect for human rights;
WHEREAS, the Vienna Declaration and Programme of Action of the World Conference on Human Rights (June 1993) and the Beijing Declaration and Platform for Action of the Fourth World Conference on Women (September 1995) reaffirm the equal rights and inherent human dignity of women and men, and particularly human rights of women as an inalienable, integral and indivisible part of all human rights and fundamental freedom;
WHEREAS, the Vienna Declaration and Programme of Action stresses that all forms of sexual harassment are incompatible with the dignity and worth of the human person and must be eliminated by legal measures and through national action, while the Beijing Platform for Action specifically mandates Governments to "enact and/or reinforce penal, civil, labor and administrative sanctions in domestic legislation to punish and redress" violence against women, including sexual harassment and "develop programmes and procedures to eliminate sexual harassment and other forms of violence against women in all educational institutions, workplaces and elsewhere";
WHEREAS, the Philippine Congress enacted on February 14, 1995 Republic Act No. 7877, otherwise known as the "Anti-Sexual Harassment Act of 1995", which took effect on March 5, 1995 and declares unlawful sexual harassment against women and men in the employment, education and training environment;
WHEREAS, sexual harassment violates the dignity of workers and their right to humane, just and safe work environment, defeats and impairs morale and efficiency in the workplace, and violates the merit and fitness principle in the civil service; HcaATE
WHEREAS, Section 4 (a) of Republic Act No. 7877 mandates every employer or 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 Civil Service Commission promulgated CSC Resolution No. 01-0940 entitled "Administrative Disciplinary Rules on Sexual Harassment Cases" defining the administrative offense of sexual harassment and prescribing the standard procedure for the administrative investigation, prosecution and resolution of sexual harassment cases in the public sector;
WHEREAS, Section 58 of CSC Resolution No. 01-0940 enjoins all agencies of the government to promulgate its rules and regulations in conformity with the said Resolution, in consultation with their employees;
WHEREAS, Section 7 of Resolution No. 991936 passed by the Civil Service Commission which adopts and promulgates the Uniform Rules on Administrative Cases in the Civil Service, provides that the "Heads of Departments, agencies, provinces, cities, municipalities and other instrumentalities shall have original concurrent jurisdiction, with the Commission, over their respective officers and employees";
NOW THEREFORE, the Director of the Foreign Service Institute hereby promulgates these Rules and Regulations defining the administrative offense of sexual harassment and prescribing the standard procedure for the administrative investigation, prosecution and resolution of sexual harassment cases in the Institute.
RULE I
Title
SECTION 1. These Rules shall be known as the Rules and Regulations on Administrative Sexual Harassment Cases of the Foreign Service Institute.
RULE II
Coverage
SECTION 2. These Rules shall apply to all government officers and employees of the Foreign Service Institute, whether in the Career or Non-Career service, and holding any level of position, or possessing permanent, temporary, casual, or contractual status. EDIaSH
Consultants, lecturers and resource persons who are not government employees may be held criminally liable for either Sexual Harassment under R.A. 7877, otherwise known as the Sexual Harassment Act of 1995, Acts of Lasciviousness or Light Coercion under the Revised Penal Code.
RULE III
Definition of Terms
SECTION 3. Definition of Terms. — For the purpose of these Rules, the following are hereby defined:
A. Institute means the Foreign Service Institute.
B. CODI means the Committee on Decorum and Investigation.
C. CSC means the Civil Service Commission.
D. FSI Board means the Board of the Foreign Service Institute.
E. Director means the Director of the Foreign Service Institute.
F. Disciplining Authority means the Director of the Foreign Service Institute.
G. Respondent means a person covered by these Rules who is formally charged with an administrative offense of sexual harassment as herein defined.
H. Person Complained of refers to the person who is the subject of a complaint but who is not yet formally charged by the Director of the Board of the Foreign Service Institute.
I. Party Adversely Affected refers to the respondent against whom a decision in a disciplinary case has been rendered.
J. Sexual Harassment means 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 an officer or employee of the FSI in a work-related, training or education related environment of the person complained of. IAaCST
K. Work-related sexual harassment is committed under the following circumstances:
1. Submission to or rejection of the act or series of act is used as basis for any employment decision (including, but not limited to, matters related to hiring, promotion, raise in salary, job security, benefits and any other personnel action) affecting the applicant/employee; or
2. The act or series of acts have the purpose or effect of interfering with the complainant's work performance, or creating an intimidating, hostile or offensive work environment; or
3. The act or series of acts might reasonably be expected to cause discrimination, insecurity, discomfort, offense or humiliation to a complainant who may be a co-employee, applicant, or ward of the person complained of.
L. 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 one whose education or training 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 is used as a basis for any decision affecting the complainant, including but not limited to, the giving of grade, the granting of honors or a scholarship, or the giving of any benefit, privilege or consideration.
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 or student of the person complained of. cAIDEa
SECTION 4. Sexual harassment may take place:
A. In the premises of the FSI;
B. In any place where the parties are 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 FSI or during work or school or training-related travel;
E. At official conferences, symposia or training sessions; or
F. By telephone, cellular phone, fax machine or electronic mail.
RULE IV
Forms of Sexual Harassment
SECTION 5. The following are illustrative forms of sexual harassment:
A. Physical
1. Malicious Touching
2. Overt Sexual Advances
3. Gestures and lewd insinuation
B. Verbal, such as but not limited to, request or demands for sexual favors, and lurid remarks
C. Use of objects, pictures or graphics, letters or written notes with sexual underpinnings DcTSHa
D. Other forms analogous to the foregoing.
RULE V
Persons Liable for Sexual Harassment
SECTION 6. Any FSI 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.
RULE VI
Committee on Decorum and Investigation of Administrative Sexual Harassment Cases
SECTION 7. A Committee on Decorum and Investigation (CODI) shall be created and shall perform the following functions:
A. Receive complaints of administrative sexual harassment;
B. Investigate administrative sexual harassment complaints in accordance with the prescribed procedure;
C. Submit a report of its findings with the corresponding recommendation to the disciplining authority for decision;
D. Lead in the conduct of discussions about administrative sexual harassment within the Institute to increase understanding and prevent incidents of administrative sexual harassment; TAEcCS
E. Recommend measures to the disciplining authority that will expedite the investigation and adjudication of administrative sexual harassment cases;
F. Formulate its internal administrative rules within thirty (30) calendar days from its formation; provided, that these internal rules shall be subject to approval by the disciplining authority within ten (10) calendar days from submission thereof.
SECTION 8. Composition. — The CODI shall be composed of one (1) representative each from the following:
A. The Management, duly selected from the Administrative and Financial Services Division; 1
B. One representative from the accredited employees association;
C. The Second level employees duly selected by the unit concerned; and
D. The First level employees duly selected by the unit concerned.
Provided, however, that where the complaint for alleged sexual harassment is education or training-related, the CODI shall be composed of at least one (1) representative from the Carlos P. Romulo School of Diplomacy.
The Committee Members shall serve for a term of two (2) years. 2
When a member of the CODI is the complainant or the person complained of in an administrative sexual harassment case, he/she shall be disqualified from being a member of the CODI for that particular case. In this case, the unit concerned shall select the person who shall replace the complainant or the person complained of in the CODI, as the case may be.
RULE VII
Pre-Filing Standard Operating Procedures in Attending to Victims of Administrative Sexual Harassment
SECTION 9. The Pre-Filing Stage. — The CODI 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. DHITCc
RULE VIII
Standard Procedural Requirements
SECTION 10. The procedural rules provided hereunder are the standard requirements in handling an administrative sexual harassment case.
SECTION 11. Complaint. —
A. The complaint may be filed with the Director or the CODI. In case of receipt of the complaint by the Director, the same shall immediately be transmitted to the CODI.
B. The complaint must be in writing, signed, and sworn to by the complainant. It shall contain the following:
1. The full name, address and position of the complainant;
2. The full name, address and position of the respondent;
3. A brief statement of relevant facts;
4. Evidence, in support of the complaint, if any;
5. A certification of non-forum shopping.
In the absence of any of the aforementioned requirements, the complaint shall be dismissed immediately by the CODI but without prejudice to its re-filing.
Where the complaint is not under oath, the complainant shall be summoned by the CODI 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 not filed unless the complainant shall comply with the requirements provided in Section 11 (b) within ten (10) calendar days from receipt of the notice for compliance. TAcDHS
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.
SECTION 12. Action on the Complaint. — Within three (3) working days from receipt of a complaint that is sufficient in form and substance, the CODI shall require the person complained of to file a Counter-Affidavit/Comment under oath within three (3) working days from receipt of the notice, furnishing a copy thereof to the complainant, otherwise, the Counter-Affidavit/Comment shall be considered as not filed.
SECTION 13. Preliminary Investigation. — Within five (5) working days from receipt of the Counter-affidavit or Comment under oath, the CODI shall conduct a Preliminary Investigation which shall involve the ex parte examination of documents submitted by the complainant and the person complained of, as well as documents readily available from other government offices.
During the preliminary investigation, the parties may submit affidavits and counter-affidavits.
Upon receipt of the counter-affidavit or comment under oath, the CODI may now recommend whether a prima facie case exists to warrant the issuance of formal charge.
During preliminary investigation, proceedings before the CODI shall be held under strict confidentiality.
SECTION 14. Duration of the Investigation. — A preliminary investigation shall commence not later than five (5) working days from receipt of the Counter-Affidavit/Comment by the CODI and shall be terminated within fifteen (15) working days thereafter.
SECTION 15. Preliminary Investigation Report. — Within five (5) working days from the termination of the preliminary investigation, the CODI shall submit the Preliminary Investigation Report and the complete records of the case to the Director. HCEcAa
SECTION 16. Decision or Resolution After Preliminary Investigation.— If a prima facie case is established during the investigation, a formal charge shall be issued by the Director within three (3) working days from receipt of the Preliminary Investigation Report.
In the absence of a prima facie case, the complaint shall be dismissed by the Director within the same period.
SECTION 17. Formal Charge. — After finding a prima facie case, the disciplining authority shall formally charge the person complained of. The Formal Charge shall contain a specification of the charge(s), a brief statement of material or relevant facts, accompanied by certified true copies of the documentary evidence, if any, sworn statements covering the testimony of witnesses, a directive to answer the charge(s) in writing under oath in not more than three (3) working days from receipt thereof, an advice for the respondent to indicate in his/her answer whether or not he/she elects a formal investigation of the charge(s) and a notice that he/she is entitled to be assisted by a counsel of his/her choice.
If the respondent has submitted his/her comment and counter-affidavits during the preliminary investigation, he/she shall be given the opportunity to submit additional evidence.
No requests for clarification, bills of particulars or motions to dismiss which are obviously designed to delay the administrative proceeding shall be entertained by the CODI. If any of these pleadings is filed by the respondent, the same shall be considered as part of his/her answer which he/she may file within the remaining period for filing the answer.
SECTION 18. Answer. — The Answer shall be in writing and under oath. It shall be specific and shall contain material facts and applicable laws, if any, including documentary evidence, sworn statements covering testimonies of witnesses, if there be any, in support of respondent's case. It shall also include a statement indicating whether he/she elects a formal investigation.
SECTION 19. Failure to File an Answer. — If the respondent fails or refuses to file his/her answer to the formal charge with the CODI within three (3) working days from receipt thereof without justifiable cause, he/she shall be considered to have waived his right thereto and formal investigation may commence. SAcCIH
SECTION 20. Preventive Suspension. — Upon petition of the complainant or motu proprio upon the recommendation of the CODI, at any time after the service of the Formal Charge to the respondent, the Director may order the preventive suspension of the respondent during the formal investigation, if there are reasons to believe that he/she is probably guilty of the charges which would warrant his/her removal from the service.
An order of preventive suspension may be issued to temporarily remove the respondent from the scene of his/her misfeasance or malfeasance and to preclude the possibility of his/her exerting undue influence or pressure on the witnesses against him/her or tampering of documentary evidence on file with his/her Office.
SECTION 21. Duration of Preventive Suspension. — When the administrative case against the respondent under preventive suspension is not finally decided by the disciplining authority within the period of ninety (90) calendar 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 approved leave, said preventive suspension shall be deferred or interrupted until such time that said leave has been fully enjoyed. CITDES
SECTION 22. Remedies from the Order of Preventive Suspension. — The respondent may file a motion for reconsideration with the disciplining authority or may elevate the same to the Civil Service Commission by way of an appeal within fifteen (15) days from receipt thereof.
SECTION 23. Conduct of Formal Investigation. — Although the respondent does not request a formal investigation, one shall nevertheless be conducted by the CODI, if it deems such investigation is necessary to decide the case judiciously.
The formal investigation shall be held not earlier than five (5) working days nor later than ten (10) working days from receipt of the respondent's Answer by the CODI. Said formal investigation shall be finished within thirty (30) calendar days from its commencement.
SECTION 24. Pre-Hearing Conference. — At the commencement of the formal investigation, the CODI 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 papers/memoranda and submit the case for resolution based on the result of the pre-hearing conference without any need for further hearing.
SECTION 25. Continuous Hearing Until Terminated; Postponement. — Hearings shall be conducted on the hearing dates set by the CODI or as agreed upon during the pre-hearing conference. ADEacC
Where no pre-hearing conference is conducted, the parties, their counsel and witnesses, if any, shall be given a notice of at least five (5) working 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 CODI.
If the respondent fails to appear during the scheduled hearings despite due notice, the investigation shall proceed ex-parte and the respondent is deemed to have waived his right to be present and to submit evidence in his favor during those hearings.
SECTION 26. Preliminary Matters.— At the start of the hearing, the CODI 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 CODI shall place him/her under oath and then take his/her name, address, civil status, age, and place of employment.
SECTION 27. Appearance of Parties. — Any person representing any of the parties before any hearing or investigation shall manifest orally or in writing his/her appearance for either the respondent or complainant, stating his/her full name and exact address where he/she can be served with notices and other documents. Any pleading or appearance made without complying with the above stated requirements shall not be recognized.
SECTION 28. Order of Hearing. — Unless the CODI 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; CDHacE
C. The complainant may then offer rebuttal evidence, and the respondent, sub-rebuttal evidence.
Every witness may be examined in the following order:
A. Direct examination by the proponent;
B. Cross-examination by the opponent;
C. Re-direct examination by the proponent;
D. Re-cross examination by the opponent.
A sworn statement of a witness, properly identified and affirmed by the witness before the CODI 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) working days after the termination of the investigation. Failure to submit the memorandum within the given period shall be considered a waiver thereof.
SECTION 29. Objections. — All objections raised during the hearing shall be resolved by the CODI. However, objections that cannot be ruled upon by the CODI 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 Director.
The CODI shall accept all evidence deemed material and relevant to the case. In case of doubt, the CODI shall allow the admission of evidence subject to the objection interposed against its admission.
SECTION 30. Markings. — All documentary evidence or exhibits shall be properly marked by letters (A, B, C, etc.) if presented by the complainant and numbers (1, 2, 3, etc.) if presented by the respondent. These shall form part of the complete records of the case.
SECTION 31. Request for Subpoena. — If a party desires the attendance of a witness or the production of documents or things, he/she shall make a request for the issuance of the necessary subpoena, at least three (3) working days before the scheduled hearing. TaDIHc
SECTION 32. Issuance of Subpoena. — The CODI may issue subpoena ad testificandum to compel the attendance of witnesses and subpoena duces tecum for the production of documents or objects.
SECTION 33. Records of Proceedings. — The proceedings of the formal investigation must be recorded either through shorthand or stenotype or by any other method.
SECTION 34. Effect of the Pendency of an Administrative Case. — Pendency of an administrative case shall not disqualify respondent for promotion or from claiming any personnel benefits. For this purpose, an officer or employee is subject of a pending administrative case when the Director has issued a formal charge against him/her.
SECTION 35. Report of CODI. — Within fifteen (15) working 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 CODI to the Director. The complete records of the case shall be attached to the Report of Formal Investigation.
If no formal investigation has been conducted, the CODI shall nevertheless submit a report and a recommendation to the Director within fifteen (15) working days from receipt of the Answer, based on the existing records and evidence.
The CODI shall attach a draft decision to its Report of Formal Investigation. The draft decision shall contain all the material facts and evidence supporting the decision.
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.
After the receipt of the Report of Formal Investigation, the Director shall deliberate on the same and render a decision on the CODI's recommendation.
SECTION 36. When Case is Decided. — The Director shall render its decision on the case within thirty (30) calendar days from receipt of the Report of the Investigation. AEIcSa
SECTION 37. Finality of Decisions. — A decision rendered by the Director 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 IX
Remedies
SECTION 38. Filing of Motion for Reconsideration. — The party adversely affected by the decision may file a motion for reconsideration with the Director, the disciplining authority, who rendered the decision within fifteen (15) calendar days from receipt thereof.
When Deemed Filed. — A motion for reconsideration shall be deemed filed on the date stamped on the official copy by the proper receiving authority, and in case it was sent by mail, on the date shown by the postmark on the envelope which shall be attached to the records of the case.
SECTION 39. Grounds for Motion for Reconsideration. — The motion for reconsideration shall be based only on any of the following:
A. New and material evidence has been discovered which the respondent could not with reasonable diligence have discovered and produced during the investigation which materially affects the decision rendered;
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.
SECTION 40. Limitation. — Only one motion for reconsideration shall be entertained. ESDHCa
SECTION 41. Effect of Filing of Motion. — The filing of a motion for reconsideration within the reglementary period of fifteen (15) calendar days shall stay the execution of the decision sought to be reconsidered.
SECTION 42. Filing of Appeals with the Civil Service Commission. — Decisions rendered by the Director may be appealed to the Civil Service Commission (CSC) within a period of fifteen (15) calendar days from receipt thereof.
A notice of appeal, including the appeal memorandum shall be filed with the CSC, copy furnished the Director. 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) calendar days, to the CSC. The applicable rules, regulations and guidelines promulgated by the CSC shall be strictly observed.
When Deemed Filed. — An appeal sent by mail shall be deemed filed on the date shown by the postmark on the envelope which shall be attached to the records of the case and in case of personal delivery, the date stamped thereon by the proper office.
Appeal Fee. — The appellant shall pay an appeal fee of Five Hundred Pesos (P500.00) and a copy of the receipt shall be attached to the appeal.
Perfection of an Appeal. — To perfect an appeal, the appellant shall within fifteen (15) calendar 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 memorandum containing the grounds relied upon for the appeal, together with the certified true copy of the decision, resolution or order appealed from, and certified copies of the documents or evidence;
c. Proof of service of a copy of the appeal memorandum to the disciplining office; HIEASa
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.
SECTION 43. When Case is Remanded for Violation of Respondent's Right to Due Process. — If the case on appeal with the CSC is remanded to the Director for further investigation, the Director, through the CODI, shall finish the investigation within three (3) calendar months from the date of the receipt of the records from the CSC, unless the investigation is delayed due to the fault, negligence or petition of the person complained of, or an extension is granted by the CSC in meritorious cases. The period of delay shall not be included in the computation of the prescribed period.
Within fifteen days from the submission of the investigation report to the disciplining authority, the disciplining authority shall render its decision. If, at the end of the said period, the disciplining authority fails to decide the case, the Civil Service 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. aCSEcA
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 of 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 disciplining authority for further investigation and submit a report to the Commission Proper.
SECTION 44. Petition for Review. — A complainant may elevate the decision of the disciplining authority dismissing a complaint for lack of a primate facie case before the Commission Proper through a Petition for Review within fifteen (15) days from the receipt of said decision.
SECTION 45. Appeal 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.
SECTION 46. Effect of Filing an Appeal. — An appeal shall not stay the execution of the decision, and in case the penalty is suspension or removal, the respondent shall be considered as having been under preventive suspension during the pendency of the appeal, in the event he wins the appeal.
SECTION 47. Petition for Certiorari. — When the disciplining authority 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 X
Classification of Acts of Administrative Sexual Harassment
SECTION 48. Administrative sexual harassment is classified as grave, less grave and light offenses.
A. Grave Offenses shall include but are not limited to: DISEaC
1. unwanted touching of private parts of the body (genitalia, buttocks, and breast);
2. sexual assault;
3. malicious touching;
4. requesting for sexual favor in exchange for employment, promotion, local or foreign travels, favorable working conditions or assignments, a passing grade, the granting of honors or scholarships, or the grant of benefits or payment of a stipend or allowance; and
5. other analogous cases.
B. Less Grave Offenses shall include but are not limited to:
1. unwanted touching or brushing against a victim's body;
2. pinching not falling under grave offenses;
3. derogatory or degrading remarks or innuendoes directed toward the members of one's sex or one's sexual orientation or used to describe a person;
4. verbal abuse or threats with sexual overtones; and
5. other analogous cases.
C. The following shall be considered Light Offenses:
1. surreptitiously looking or stealing a look at a person's private part or worn undergarments; cDaEAS
2. telling sexist/smutty jokes or sending these through text, electronic mail or other similar means, causing embarrassment or offense and carried out after the offender has been advised that they are offensive or embarrassing or, even without such advise, when they are by their nature clearly embarrassing, offensive or vulgar;
3. malicious leering or ogling;
4. the display of sexual offensive pictures, materials or graffiti;
5. unwelcome inquiries or comments about a person's sex life;
6. unwelcome sexual flirtation, advances, propositions;
7. making offensive hand or body gestures at an employee;
8. persistent unwanted attention with sexual overtones;
9. unwelcome phone calls with sexual overtones causing discomfort, embarrassment, offense or insult to the receiver; and
10. other analogous cases.
RULE XI
Administrative Liabilities
SECTION 49. The Director or the Members of the CODI who fail to act within fifteen (15) calendar days from receipt of any complaint for administrative sexual harassment properly filed against any employee in that office may be charged with Neglect of Duty with the appropriate authority.
SECTION 50. Any person who is found guilty of administrative sexual harassment shall, after the investigation, be meted the penalty corresponding to the gravity and seriousness of the offense.
SECTION 51. The penalties for light, less grave, and grave offenses are as follows: cDTACE
| A. | For light offenses: | ||
| 1st offense | — | Reprimand | |
| 2nd offense | — | Fine not exceeding one (1) month salary | |
| or suspension not exceeding thirty (30) days | |||
| 3rd offense | — | Dismissal | |
| B. | For less grave offenses: | ||
| 1st offense | — | Fine not less than one (1) month salary but not | |
| more than six (6) months salary or suspension | |||
| not less than thirty (30) days and not exceeding | |||
| six (6) months | |||
| 2nd offense | — | Dismissal | |
| C. | For grave offenses: | ||
| 1st offense | — | Dismissal |
SECTION 52. 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 XII
Duty of the Foreign Service Institute
SECTION 53. The Foreign Service Institute (FSI) shall develop an education and training program for the officials and employees of the Institute and the members of the CODI to increase understanding about administrative sexual harassment, prevent its occurrence, and ensure proper investigation, prosecution and resolution of administrative sexual harassment cases. IaDTES
RULE XIII
Forum Shopping
SECTION 54. Under the same set of ultimate facts, the filing of a complaint based on this Institute Order shall preclude the filing of another administrative complaint under any other law.
RULE XIV
Repealing Clause
SECTION 55. Existing rules and regulations and other issuances of the Foreign Service Institute, or parts thereof inconsistent with the provisions of these Rules are hereby repealed or modified accordingly.
RULE XV
Effectivity Clause
SECTION 56. These Rules shall take effect after fifteen (15) days from the date of its deposit with the U.P. Law Center upon approval of the Rules by the Civil Service Commission.
Pasay City, January 30, 2008.
(SGD.) JOCELYN BATOON-GARCIAActing Director
Footnotes
1. The Administrative & Financial Services Division is construed as part of the management.
2. The FSI GAD Focal Committee's Technical Working Group suggested the term of office of the CODI members should be indicated. IESAac