Republic of the Philippines
POLOMOLOK WATER DISTRICT
Polomolok, South Cotabato
ADMINISTRATIVE DISCIPLINARY RULES ON SEXUAL HARASSMENT CASES FOR POLOMOLOK WATER DISTRICT
Pursuant to the provisions of Republic Act No. 7877, mandating every head of the 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 therefore and enunciated under Civil Service Commission Resolution No. 01-0940, promulgating the 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 in the public sector, an Administrative Disciplinary Rules on Sexual Harassment Cases is hereby established for Polomolok Water District (PolWD).
RULE I. TITLE
Section 1. These Rules shall be known as PolWD-Administrative Disciplinary Rules on Sexual Harassment Cases.
RULE II. COVERAGE
Section 2. These Rules shall apply to all officials and employees of PolWD, whether in the Career or Non-Career service and holding any level of position, regardless of status.
RULE III. DEFINITION
Section 3. For the purpose of these Rules, the administrative offense of sexual harassment is an act, or series of acts, involving any unwelcome sexual advance, request or demand for a sexual favor, or other verbal or physical behavior or a sexual nature, committed by a government employee or official in a work-related environment of the person complained of.
Work-related sexual harassment is committed under the following circumstances:
Section 4. Sexual harassment may take place:
RULE IV. FORMS OF SEXUAL HARASSMENT
Section 5. The following are illustrative forms of sexual harassment:
A. Physical
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 written notes with sexual underpinnings
D. Other forms analogous to the foregoing.
RULE V. PERSONS LIABLE FOR SEXUAL HARASSMENT
Section 6. Any official or employee of PolWD, regardless of sex, is liable for sexual harassment when he/she:
RULE VI. COMMITTEE ON DECORUM AND INVESTIGATION OF
SEXUAL HARASSMENT CASES
Section 7. A Committee on Decorum and Investigation (CODI) shall be created with the following functions:
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.
Section 8. Composition. In a work-related environment, PolWD-Committee on Decorum and investigation shall be composed of the following:
Chairman – The General Manager or his/her authorized representative
Member – Personnel Officer or his/her authorized representative
Member – Administrative Division Manager or his/her authorized representative
Member – Representative from accredited union, (if any),
Members – Two (2) Rank-and-File Representatives, one for first level and another for second level, duly selected by the employees concerned.
Section 9. Term of Office
The PolWD-Committee on Decorum and Investigations shall serve not more than two (2) years.
RULE VII. PRE-FILING STANDARD OPERATING PROCEDURES IN ATTENDING TO VICTIMS OF SEXUAL HARASSMENT
Section 10. The Pre-filing Stage – The PolWD 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 VIII. STANDARD OF PROCEDURAL REQUIREMENTS
Section 11. The procedural rules provided hereunder are the standard requirements in handling a sexual harassment case.
Section 12.
1. The complaint may be filed at anytime with the disciplining authority of PolWD or with the Committee on Decorum and Investigation. Upon receipt of the complaint by the disciplining authority of the PolWD, the same shall be transmitted to the Committee on Decorum and Investigation, if there is any. In the absence of a Committee on Decorum and Investigation, the head of PolWD shall immediately cause the creation of a Committee on Decorum and Investigation in accordance with the law and rules and transmit the complaint to the Committee.
2. The complaint must be in writing, signed and sworn to by the complainant. It shall contain the following:
In the absence of any one of the aforementioned requirements, the complaint shall be dismissed without prejudice to its refilling.
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 communications shall be considered non-filed unless the complainant shall comply with the requirements provided in Section 12 (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.
Section 13. Action on the complaint.
Upon receipt of a complaint that is sufficient in form and substance, the Committee on Decorum and Investigation shall require a 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.
Section 14. 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.
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 the preliminary investigation, proceedings before the Committee on Decorum and Investigation shall be held under strict confidentiality.
Section 15. 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) days working days thereafter.
Section 16. Investigation Report. Within five (5) days 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 disciplining authority of PolWD.
Section 17. Decision or Resolution After Preliminary Investigation. If a prima facie case is established during the investigation, a formal charge shall be issued by the disciplining authority of PolWD within three (3) working days from receipt of the Investigation Report.
In the absence of prima facie case, the complaint shall be dismissed within the same period.
Section 18. Formal Charge. After finding a prima facie case, the disciplining authority of PolWD shall formally charge the person complained of. The formal charge shall contain a specification of the charge(s), a brief statement of material 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 hereof, 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.
The Committee on Decorum and Investigation shall not entertain requests for clarifications, 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.
Section 19. 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, it shall also include a statement indicating whether he/she elects a formal investigation.
Section 20. Failure to file an Answer. If the respondent fails or refuses to file his/her answer to the formal charge within seventy (72) hours from receipt thereof without justifiable cause, he/she shall be considered to have waived his right thereto and formal investigation may commence.
Section 21. Preventive Suspension. Upon petition of the complainant or moto propio 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 disciplining authority 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.
Section 22. 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) 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 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.
Section 23. Remedies from the Order of Preventive Suspension. The respondent may file a motion for reconsideration with the disciplining authority of PolWD or may elevate the same to the Civil Service Commission by way of an appeal within fifteen (15) days from receipt thereof.
Section 24. 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 is necessary to decide the case judiciously.
The investigation shall be held not earlier than five (5) days and not 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 disciplining authority, in meritorious cases, extends the period.
Section 25. 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:
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 26. 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 the pre-hearing conference.
Where no hearing conference is conducted, the parties, their counsel 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 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 requests 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.
Section 27. 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 or employment.
Section 28. 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 29. Order of Hearing. Unless the Committee on Decorum and Investigation directs otherwise, the order of hearing shall be as follows:
Every witness may be examined in the following order:
A sworn statement of a witness, 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. Therafter, 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.
Section 30. Objections. The Committee on Decorum and Investigation shall resolve all objections raised during the hearing. However, objections 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 disciplining authority.
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.
Section 31. Markings. All documentary evidence or exhibits shall be properly marked by letters (A,B,C, etc.) if presented by the complainant and by numbers (1,2,3, etc.) if presented by the respondent. These shall form part of the complete records of the case.
Section 32. Request for Subpoena. The Committee on Decorum and Investigation may issue a subpoena and 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. 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 disciplining authority has issued a formal charge.
Section 35. 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 disciplining authority. 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.
Section 36. When Case is Decided. The disciplining authority shall render his decision on the case within thirty (30) days from receipt of the Report of Investigation.
Section 37. Finality of Decisions. A decision rendered by PolWD disciplining authority 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 executor 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 AFTER A DECISION
Section 38. Filing of Motion for Reconsideration. The party adversely affected by the decision may file a motion for reconsideration with the disciplining authority of PolWD who rendered the decision within fifteen (15) days from receipt thereof.
Section 39. 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 40. Grounds for Motion for Reconsideration. The motion for reconsideration shall be based on any of the following:
Section 41. Limitation. Only one motion for reconsideration shall be entertained.
Section 42. 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.
Section 43. Filing of Appeals. Decisions of PolWD head of office 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.
Pending appeal, the same shall be executor except where the penalty is removal, in which case the same shall be executor only after confirmation by the appellate authority 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.
Section 44. 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.
Section 45. 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.
Section 46. Perfection of an Appeal. To perfect an appeal, the appellant shall within fifteen (15) days from receipt of the decision submit the following:
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 47. 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 be considered as having under preventive suspension during the pendency of the appeal, in the event he wins the appeal.
Section 48. 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 PolWD disciplining authority for further investigation, the PolWD disciplining authority through the Committee on Decorum and Investigation shall finish the investigation within three (3) calendar months from the date of receipt of records from the Commission, unless the investigation 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 PolWD disciplining authority, the PolWD disciplining authority shall render its decision. If at the end of the period, the disciplining authority 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.
Section 49. Petition for Review. A complainant may elevate the decision of the PolWD disciplining authority 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.
Section 50. 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.
Section 51. Petition for Certiorari. When the PolWD 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.
Section 52. Sexual Harassment is classified as grave, less grave and light offenses.
RULE X. CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT
A. Grave Offenses shall include but are not limited to:
B. Less Grave Offenses shall include but are not limited to:
C. The following shall be considered Light Offenses:
Section 55. The penalties for light, less grave, and grave offenses are as follows:
Section 54. 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.
Section 53. The PolWD head of office who fails to act within fifteen (15) days from receipt of any complaint for sexual harassment properly filed against any employee in that office shall be charged with neglect of duty.
RULE XI. ADMINISTRATIVE LIABILITIES
A. For light offenses:
1st offense – Reprimand
2nd offense – Fine or suspension not exceeding thirty (30) days
3rd offense – Dismissal
B. For less grave offenses:
1st offense – Fine 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 56. 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. RESPONSIBILITY
Section 57. The PolWD shall be responsible for the submission of an authenticated copy of this rules and regulations on sexual harassment to the Commission for approval within one (1) month from the date of promulgation including the submission to the Commission of the list of members of PolWD Committee on Decorum and Investigation immediately after its composition.
Section 58. The PolWD shall develop an education and training program for its officials and employees and the members of 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 XIII. EFFECTIVITY
This PolWD Administrative Disciplinary Rules on Sexual Harassment Cases shall take effect upon its approval by the Civil Service Commission. Any subsequent changes in or amendments thereto shall be subjected to the approval of the Civil Service Commission and shall not take effect until six (6) months from the date of approval.
Approved by:
ENGR. SOLITO T. TORCUATOR
General Manager
REVIEWED AND APPROVED BY: CIVIL SERVICE COMMISSION
GRACE R. BELGADO-SAQUETON, CPA
Director IV
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