1

10

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16

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23

Permanency of Jurisdiction
Jurisdiction once present is not lost
upon the instance of the parties but
continues
until
the
case
is
terminated. (Que vs. Court of
Appeals,
339
SCRA
505)
In
Administrative
cases,
jurisdiction
over the person complained of
remains even if he resigned from the
service so long as the offense was
committed during his incumbency
(CSC Resolution No. 99-0298 dated
January 1, 1999, Uy, Allan).
24

Resignation is not a way out to evade

administrative liability when facing
administrative sanction. The resignation
of a public servant does not preclude
the finding of any administrative liability
to which he or she shall still be
answerable.[21]

25

Section 66 of the Omnibus Election

Code, in considering an appointive
official ipso facto resigned, merely
provides
for
the
immediate
implementation of the penalty for the
prohibited act of engaging in partisan
political activity. This provision was not
intended, and should not be used, as a
defense against an administrative case
for acts committed during government
service. (Esther S. Pagano vs. Juan
Nazarro, Jr. et al. G.R. No. 149072,
26
September 21, 2007)

27

28

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79

DISGRACEFUL
CONDUCT

AND

IMMORAL

Refers to acts which violate the basic

norm of decency, morality and decorum
abhorred and condemned by the society.
It refers to conduct which is willful,
flagrant, or shameless, and which shows
a moral indifference to the opinions of
the good and respectable members of
the community
80

DISGRACEFUL AND IMMORAL CONDUCT

CLASSIFICATION

a) Disgraceful and Immoral Conduct in

the Workplace

b) Disgraceful

and
Immoral
Conduct Through a Forbidden
Relationship

c) Disgraceful

and
Immoral
Conduct Committed through
Inherently Immoral Acts
81

DISGRACEFUL AND IMMORAL CONDUCT

a)

Disgraceful and Immoral Conduct in the

Workplace committed by parties, regardless
of marital status, under ANY of the following
circumstances

a.The disgraceful and immoral

conduct was committed in the
workplace
in
a
scandalous
manner
a.The disgraceful and immoral
conduct was committed by taking
advantage of ones position
and/or
with
the
use
of
82

DISGRACEFUL AND IMMORAL CONDUCT

a)

Disgraceful and Immoral Conduct in the

Workplace committed by parties, regardless
of marital status, under ANY of the following
circumstances

c.The disgraceful and immoral

conduct
affected
the
work
performance of the respondents

83

DISGRACEFUL AND IMMORAL CONDUCT

b)

Disgraceful
and
Immoral
Committed
through
a
Relationship

Conduct
Forbidden

The
disgraceful
and
immoral
conduct is classified under this
section if the parties are engaged in
a relationship forbidden by law

84

DISGRACEFUL AND IMMORAL CONDUCT

c)

Disgraceful
and
Committed through
Acts

Immoral
Inherently

Conduct
Immoral

Conduct which consists of immoral

and
deviant
acts
which
are
inherently forbidden by the basic
norms of decency, morality and
decorum such as, but not limited to
incest, pedophilia, exhibitionism
and the like, whether committed in
a discreet or scandalous manner
85

DISGRACEFUL AND IMMORAL CONDUCT

WHO MAY INITIATE COMPLAINT

a) Disgraceful
and
DISCIPLINING
Immoral Conduct in AUTHORITY
the Workplace
ANY PERSON

b) Disgraceful

(filed

c) Disgraceful
Immoral
Committed
Inherently

and DISCIPLINING
Conduct AUTHORITY
through ANY PERSON
Immoral

and
Immoral
Conduct
Through a Forbidden
Relationship

against
the
married party) BY ANY
IMMEDIATE MEMBER OF
HIS/HER FAMILY

86

Memorandum Circular No. 15, s. 2010 dated August 5, 2010

Section 1. Definition of Disgraceful and Immoral conduct
Disgraceful and Immoral Conduct refers to an act which violates the
basic norm of decency, morality and decorum abhorred and condemned
by the society. It refers to conduct which is willful, flagrant or shameless,
and which shows a moral indifference to the opinions of the good and
respectable members of the community.
Section 2. Complaint for Disgraceful and Immoral
Conduct; Who May Initiate/File: - A complaint for Disgraceful and
Immoral Conduct may be initiated by the disciplining authority or filed by
any person against the parties involved, whether married or unmarried.
Section 3. Complaint for Disgraceful and Immoral
Conduct Against Unmarried Government Personnel. Unmarried
government employees who do not have any existing legal impediments
to contract marriage may not be made liable for the administrative
offense of Disgraceful and Immoral Conduct unless the conduct consists
of immoral and deviant acts which are inherently forbidden by the basic
norms of decency, morality and decorum such as, but not limited to
incest, pedophilia, exhibitionism and the like.
Section 4. Manner of Commission of the Offense The
87

DISHONESTY
Has been defined as a form of
conduct
which
connotes
untrustworthiness and lack of
integrity, a disposition to lie, cheat
deceive, betray.
[BALAGSO, Teodoro Jr. L., et al., CSC Resolution
No. +99-1085, May 21, 1999 citing BRIONES,
Rolando A., CSC Res. 97-3740 dated August 28,
1997]

88

DISHONESTY
The concealment or distortion of
truth, which shows lack of integrity
or a disposition to defraud, cheat,
deceive or betray and an intent to
violate the truth.
[Section 1, RULES ON ADMINISTRATIVE
OFFENSE OF DISHONESTY, CSC Resolution No.
06-0538, April 4, 2006]
89

Classification of DISHONESTY

a) Serious DishonestyPunishable by dismissal from the service

b) Less Serious Dishonesty1st offense

- suspension from 6 months

and 1 day to 1 year

2nd offense - dismissal from the service

[Section 2, RULES ON ADMINISTRATIVE OFFENSE
OF DISHONESTY, CSC Resolution No. 06-0538, April
4, 2006]
90

Classification of DISHONESTY

c) Simple Dishonesty1st offense

- suspension of 1 month
and 1 day to 6 months

2nd offense suspension of 6 months and

1 day to 1 year
3rd offense - dismissal from the service
[Section 2, RULES ON ADMINISTRATIVE OFFENSE
OF DISHONESTY, CSC Resolution No. 06-0538, April
91
4, 2006]

The presence of any one of the following

attendant circumstances in the commission
of the dishonest act would constitute the
offense of SERIOUS DISHONESTY:
a) The dishonest act caused serious damage and
grave prejudice to the government

b) The respondent gravely abused his authority in

order to commit the dishonest act

c) Where the respondent is an accountable officer, the

dishonest
act
directly
involves
property,
accountable forms or money for which he is directly
accountable and the respondent shows an intent to
commit material gain, graft and corruption
92

d) The dishonest act exhibits moral depravity on the part

of the respondent

e) The respondent employed fraud and/or falsification of

official documents in the commission of the dishonest

act related to his/her employment

f) The dishonest act was committed several times or in

various occasions

g) The dishonest act involves a Civil Service examination

irregularity or fake Civil Service eligibility such as, but

not limited to, impersonation, cheating and use of crib
sheets

h) Other analogous circumstances

[Section 3, RULES ON ADMINISTRATIVE OFFENSE OF
DISHONESTY, CSC Resolution No. 06-0538, April 4,
93
2006]

The presence of any one of the following

attendant
circumstances
in
the
commission of the dishonest act would
constitute the offense of LESS SERIOUS
DISHONESTY:
a) The dishonest act caused damage and prejudice to
the government which is not so serious as to qualify
under the immediately preceding classification

b) The respondent did not take advantage of his/her

position in committing the dishonest act

c) Other analogous circumstances

[Section 4, RULES ON ADMINISTRATIVE OFFENSE
OF DISHONESTY, CSC Resolution No. 06-0538, April
4, 2006]
94

The presence of any one of the following

attendant
circumstances
in
the
commission of the dishonest act would
constitute
the
offense
of
SIMPLE
DISHONESTY:

a) The dishonest act did not cause damage or

prejudice to the government

b) The dishonest act has no direct relation to or

does
not
involve
the
duties
responsibilities of the respondent

and

c) In falsification of any official document,

where the information falsified is not related

to his/her employment
95

The presence of any one of the following

attendant
circumstances
in
the
commission of the dishonest act would
constitute
the
offense
of
SIMPLE
DISHONESTY:

d) That the dishonest act did not result in any

gain or benefit to the offender

e) Other analogous circumstances

[Section 5, RULES ON ADMINISTRATIVE
OFFENSE OF DISHONESTY, CSC Resolution
No. 06-0538, April 4, 2006]
96

GROSS NEGLECT OF DUTY

Negligence is want of care required by
the circumstances. It is a relative or
comparative, not an absolute term, and
its application depends upon the
situation of the parties, and the degree
of care and vigilance which the
circumstances reasonably impose
[US vs. JUANILLO, 23 Phil. 212]
97

GRAVE VS. SIMPLE

In Grave Misconduct, as distinguished
from Simple Misconduct, the elements of
corruption, clear intent to violate the law
or flagrant disregard of established rules,
must be manifest.
[LANDRITO vs. CSC, 223 SCRA 564
Citing In Re: Impeachment of Horilleno, 43
Phil. 212 [1922]
98

GROSS MISCONDUCT
Is
transgression
of
some
established or definite rule of
action, more particularly unlawful
behavior or gross negligence by
the public officer.
[ALCOBA, Victor, CSC Res. No. 97-0751 dated
January 28, 1997 citing OFFICE OF THE
COURT ADMINISTRATOR v BUCOY, 235
SCRA 588]

99

BIENG NOTORIOULSY UNDESIRABLE

This offense is based mainly on the
general reputation of an employee for
being difficult to work with, due to his/her
quarrelsome attitude and/or repeated
infractions of office rules. The focus in
this offense is the totality of his conduct
in office and not his liability for the
individual acts.
[LAGUILLES, Cesar P., CSC Resolution
No. 99-0026, January 6, 1999]

100

CONVICTION
INVOLVING
TURPITUDE

OF

CRIME
MORAL

Everything which is done contrary

to justice, honesty, modesty or
good morals.
[In Re: Basa, 41 Phil. 275; In Re: Isada, 60
Phil. 915]
101

MORAL TURPITUDE
Everything which is done contrary to
justice, honesty, modesty or good morals.
It (moral turpitude) implies something
immoral in itself, regardless of the fact that it is
punishable by law or not. It is not the prohibition
by statute that fixes moral turpitude but the
nature of the act itself.
[ROBREDILLO, Mario, CSC Resolution No. 00-0657, March 10,
2000 citing DELA TORRE vs. COMELEC, 258 SCRA 483]
102

FALSIFICATION
DOCUMENTS

OF

PUBLIC

Falsification as a rule is the misrepresentation

of a thing, fact or condition, certifying that a thing is
true when it is not, whether one has the right to
make the representation or certificate. As applied to
a public document, in order that said act be
punishable, it is immaterial whether it has caused
damage to a third person or not. This is because
falsification of public documents is controlled by
other principles distinct from those applicable to
private documents.
[U.S. vs. BUENAVENTURA, 1 Phil. 433]

103

ENGAGING
DIRECTLY
OR
INDIRECTLY
IN
PARTISAN
POLITICAL ACTIVITIES BY ONE
HOLDING NON-POLITICAL OFFICE
The term election campaign or partisan
political activity refers to an act designed to
promote the lection or defeat of a particular
candidate or candidates to a public office.
[BUGTONG, Diosdado, CSC Res. No. 97-0807, January
28, 1997 citing Section 79 of the Omnibus Election Code
of the Philippines (Batas Pambansa Bilang 881)]
104

NEPOTISM
All appointments in the national,
provincial, city and municipal governments or in
any branch or instrumentality thereof, including
government-owned and controlled corporations,
made in favor of a relative {within the third
degree} of the appointing or recommending
authority, or of the chief of the bureau or office,
or of the persons exercising immediate
supervision over him, are hereby prohibited.
[DEBULGADO vs. CIVIL SERVICE COMMISSION, 238
SCRA 184]
105

LIMITATIONS ON APPOINTMENTS
No person shall be appointed in
the career service of the local
government if he is related within the
fourth civil degree of consanguinity or
affinity to the appointing and
recommending authority.
[Section 79, Local Government Code of 1991]
106

DISLOYALTY TO THE REPUBLIC

OF THE PHILIPPINES AND TO THE
FILIPINO PEOPLE
It consists of abandonment or
renunciation of ones loyalty to the
government
or
advocating
the
overthrow of the government.
[Par. 7, Section 8, Presidential Decree No. 971,
July 27, 1976]
107

OPPRESSION
The Commission has defined
oppression as an act of cruelty,
severity,
unlawful
exaction,
domination or excessive use of
authority.
[CSC Resolution No. 95-2125, March 21, 1995]
108

DISGRACEFUL
CONDUCT

AND

IMMORAL

That conduct which is willful,

flagrant, or shameless, and which
shows a moral indifference to the
opinion of the good and respectable
members of the community.
[ARCIGA vs. MANIWANG, 106 SCRA 591]
109

INEFFICIENCY AND INCOMPETENCE IN

THE PERFORMANCE OF OFFICIAL
DUTY
Incompetency has been defined as the
manifest lack of adequate ability and fitness for
the satisfactory performance of official duties.
This has reference to any physical, moral or
intellectual quality the lack of which substantially
incapacities one to perform the duties of an
officer.
[Sec. 8, Pres. Decree No. 971]
110

FREQUENT UNAUTHORIZED ABSENCES,

OR TARDINESS IN REPORTING FOR
DUTY,
LOAFING
OR
FREQUENT
UNAUTHORIZED ABSENCES FROM DUTY
DURING REGULAR OFFICE HOURS
An officer or employee shall be considered
habitually absent if he incurs unauthorized absences
exceeding the allowable 2.5 days monthly leave credit under
the Leave Law for at least three (3) months in a semester or
at least three (3) consecutive months during the year.
[Section 22 (q), Rule XIV, Omnibus Rules Implementing
Book V of Executive Order No. 292 (Administrative Code of
1987]
111

REFUSAL TO PERFORM OFFICIAL

DUTY
Any act conduct of officer or
tribunal under a duty to perform,
signifying intention not to perform. . .
[Word & Phrases, Volume 36-A, Copyright,
1962]

112

GROSS INSUBORDINATION
Is a deliberate and willful refusal to comply
with a lawful request or order of a higher
authority. It involves disregard of proper
authority and a refusal to obey that
authority, a willful disrespect of it.
[SOBREPEA,Carmelita G., CSC Resolution
No. 001288, May 30, 2000 citing HARVEY,
Tammang A., CSC Resolution No. 98-2225
August 21, 1998]
113

HABITAL DRUNKENNESS
One who frequently and repeatedly
becomes intoxicated by excessive
indulgence in intoxicating liquor so as to
acquire a fixed habit and an involuntary
tendency to become intoxicated as
often as the temptation is presented,
even though he remains sober for days
or even weeks at a time.
[Blacks Law Dictionary, 5th Edition]

114

FREQUENT
UNAUTHORIZED
TARIDENESS
(HABITUAL TARDINESS)
An employee shall be considered
habitually tardy if he incurs tardiness,
regardless of the number of minutes, ten
(10) times a month for at least two (2)
months in a semester or at least two (2)
consecutive months during the year.
[Section 22. (q) Rule XIV, Omnibus Rules Implementing
Book V of Executive Order No. 292 (Administrative Code
of 1987]
115

Memorandum Circular No. 16, s. 2010 dated

August 6, 2010
1.

2.

Any officer or employee who incurs undertime,

regardless of the number of minutes/hours, ten
(10) times a month for at least two months in
a semester shall be liable for Simple
Misconduct and/or Conduct Prejudicial to the
Best Interest of the Service, as the case may
be; and
Any officer or employee who incurs undertime,
regardless of the number of minutes/hours, ten
(10) times a month for at least two (2)
consecutive months
during the year shall be
liable for Simple Misconduct and/or Conduct
Prejudicial to the Best Interest of the
116
Service, as the case may be.

Memorandum Circular No. 17, s. 2010 dated

August 6, 2010
1. Any officer or employee who is absent in the
morning is considered to be tardy and is
subject to the provisions on Habitual
Tardiness; and
2. Any officer or employee who is absent in the
afternoon is considered to have incurred
undertime, subject to the provisions on
Undertime
117

WILLFUL FAILURE TO PAY JUST

DEBTS
Just debts shall apply only to

1.Claims adjudicated by a court of

law, or
2.Claims the existence and justness
of which are admitted by the debtor.
[Section 22. Rule XIV, Omnibus Rules Implementing
Book V of Executive Order 292 (Administrative Code
of 1987]
118

119

Definition:
The term Sexual Harassment has varying definitions depending
on what type of case will be instituted. If the case is criminal in nature,
the definition under RA 7877 applies, thus, all elements thereof must be
present for purposes of conviction. On the other hand, the
administrative offense of sexual harassment is defined under the
Administrative Disciplinary Rules on Sexual Harassment cases
promulgated by the Civil service Commission (CSC Resolution No. 010940) which conspicuously deviated from the stringent requirements of
RA 7877 insofar as the elements of the offense are concerned.

120

Sexual Harassment as a criminal offense is

defined as a work, education or training related act
committed by an employer, employee, manager,
supervisor, agent of the employer, teacher, instructor,
professor, coach, trainor or any person who, having
authority, influence or moral ascendancy over
another
in a work or training or education
environment, demands, requests or otherwise requires
any sexual favor from the other, regardless of whether
the demand, request or requirement for submission is
accepted by the object of said act.
121

Sexual Harassment as an administrative offense

is defined as 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.

122

Note that the two definitions are substantially the

same except that in the administrative sexual
harassment cases the element of moral ascendancy,
influence or authority on the part of the offender is not
present.

123

Evolution of the rules on sexual harassment cases:

1. CSC Memorandum Circular No. 19, s. 1994
(CSC Res. No. 94-2854)
Based on the broad mandate given by RA 6713 and EO
292 to the CSC to adopt positive measures to promote the
observance of the standards of personal conduct of
officials and employees in the civil service and to adopt
measures to promote morale, efficiency, integrity,
responsiveness and courtesy in the civil service.
Was issued before the enactment of RA 7877
124

It characterizes sexual harassment as either grave misconduct,

conduct prejudicial to the best interest of the service or simple
misconduct
In its definition of sexual harassment the element of moral
ascendancy, influence or authority of the offender was not
present.

125

2. RA 7877 (1995)
Defines and penalizes the crime of sexual harassment in
workplaces and educational or training institutions in public and
private sectors and considers the presence of moral ascendancy,
influence or authority on the part of the perpetrator as an element of the
crime
Defines the obligations of employers, heads of offices or
educational institutions in addressing sexual harassment including the
creation of the Committee on Decorum and Investigation (CODI)
Makes the employer or the head of office liable under certain
conditions for failing to take immediate action after being
informed by the victims of sexual harassment
Unclear on administrative sanctions

126

3. CSC Resolution No. 95-6161

Was issued pursuant to RA 7877 for the guidance of the CSC
personnel
Adopts both the definitions of MC 19 and RA 7877 and likewise
considers authority, influence or moral ascendancy as elements of
the offense

127

4. Administrative Disciplinary Rules on Sexual Harassment Cases

Treated Sexual Harassment administrative cases as
nature from the criminal cases of sexual harassment

different in

Considered RA 7877 as dealing only with the criminal cases of

sexual harassment while adopting some of its features such as the
creation per agency of the CODI
Declared that moral ascendancy is not an element of the
administrative offense
Categorized different acts of
cases

administrative sexual harassment

128

Other Related Laws:

1. RA 6275 An Act Strengthening the Prohibition on
Discrimination against Women
2. RA 7192 Women in Development and Nation Building Act
3. RA 8353 The Anti Rape Law of 1997
4. RA 8505 Rape Victim Assistance and Protection Act of
1998
5. The Child Abuse Law
6. The Revised Penal Code which classifies the acts that may constitute Sexual
Harassment as follows:
a. Unjust Vexation Any human conduct which, although not productive of
some physical or material harm would, however, unjustly annoy, vex,
irritate, torment, distress or disturb the mind of an innocent person to
whom it is directed. Violence and intimidation are not necessary.
b. Slander by Deed
c. Acts of Lasciviousness
d. Oral Defamation
e. Coercion
129

Sexual Harassment: A threat in the workplace

Sexual harassment is recognized as a violation of human rights, morale and efficiency
in the workplace, it violates as well merit and fitness principle and creates a hostile environment
which adversely affect productive performance.
In 1999 Convention on Violence in the World of Work, ILO, Geneva, Sexual
Harassment had been categorically tagged as one of the threats in the workplace. The
Conventions declaration states as follows:

Sexual harassment violates a workers right to job security and

equal opportunity. It can create working conditions that are
hazardous to the psychological and physical well being of
workers. It also creates a poisoned work atmosphere that can
disempower and demoralize workers. When ignored, sexual
harassment exacts a high cost to a company in term of loss of
productivity, high absenteeism among affected employees,
disruptions of work from long term sick leaves, retraining of new
personnel, low morale. . .
130

True enough, sexual harassment cases in the

Philippines often results in the resignation of the
victim, demoralization of employees and hostile
working environment to the prejudice of the service.

131

Evidence in Administrative Sexual Harassment

cases:

132

Sexual harassment has no equivalent term in the

Filipino language. We use terms such as tsansing,
abuso, paglapastangan, ginamit and binastos to
refer to various forms or experiences of sexual abuse
or molestation, including acts falling within the
concept of sexual harassment.

133

Tsansing or chancing appears to be often

used to refer to acts of sexual harassment. It is also
loaded with assumptions and perspectives about the
acts to which they refer. It is a derivative of the
English word chance which seems to say that the
acts are accidental, not deliberate, or are made to
appear as such. Another message conveyed seems to
be that these acts are minor or trivial thus almost
compelling us to be dismissive about them. Not
surprisingly, we call as tsansing that seemingly
accidental brushing of a mans arm against a womans
breast.
134

Indeed, these acts may appear to be accidental or

innocent or excusable to the outsider, particularly
when the form in which they come does not involve
our concept of erotic contact, thus allowing
conflicting interpretations of the significance of the
act. On the part of the person who experienced it, the
characterization of the act as tsansing may lead to
ambivalence about what it was the she actually
experienced despite that, deep down, she felt some
discomfort or knew there was something wrong about
the act.
135

The trivialization of sexual harassment is evident in

peoples common responses to complaints of abuse. Responses
like, Wala yon, binigyan mo lang ng malisya, Maliit na
bagay pinapalaki mo Makukuha lang yan sa paligo, Wala
namang nawala sa yo, Ipasadiyos mo na lang are classic
expressions of our cultural values and our acceptance of these
acts as daily, normal occurences. The effect of these responses
to victims is often discouraging, if not devastating. It makes
the victim doubt the validity of their experience and fear nonbelief if ever they report, as well as aggravates their feeling of
shame about the experience. It often leads to delay in reporting
the abuse or silences victims effectively.
136

The term Sexual Favor is viewed as excluding

other sexual advances. It seems that what are clearly
sexual acts are those acts related to sexual relating
or sexual intimacy kissing on the lips, fondling of
breasts and physical contact with the penis or vagina.

137

The characterization of the act as sexual or

non-sexual often arises as an issue when the acts
involved are what many consider as ambivalent acts
placing an arm around anothers shoulders, a look or a
stare (dirty or malicious), comments about a persons
looks or body (compliment or lewd) or about sex,
queries about a persons sex life, etc. The problem is
the concept of sexual. What makes conduct sexual
harassment is not so much dependent on the part of
the body touched or whether there was physical
contact. The key is the character of the conduct.
138

Conduct is sexual harassment when the sex

and sexuality of the person and everything culturally
related to it is made the object of the conduct, as
something desired to be obtained or trivialized with,
whether through physical, verbal and other forms of
conduct.

139

The Filipina of decent repute doctrine

This doctrine reasons out that no young and decent
Filipina would publicly admit that she was ravished and her
honor tainted unless such was true, for it would be instinctive
for her to protect her honor and that considering the inbred
modesty and the consequent revulsion of a Filipina against
airing in public things that affect her honor, it is hard to
conceive that complainant would reveal and admit the
ignominy she had undergone if it were not true. (CSC Res. No.
000033)

140

The normal reaction standard

There is no standard behavior for persons confronted
with a shocking incident and that the workings of a human
mind when placed under emotional stress are unpredictable
and cause different reactions. (People vs Layagum, 261
SCRA 339) However, in deciding sexual harassment cases,
the CSC used the normal reaction standard. It found the
complainants behavior after the alleged incident that of
signing her name on the attendance logbook and acting as
if nothing happened as contrary to the normal reaction of
a person who had just been sexually harassed. The
Commission opined that a person who had been sexually
assaulted would not be concerned with anything else but
securing her safety (CSC Res. No.983068).
141

Testimonial credibility
As the case usually involves two persons, the
offender and the offended party, the truth could be
discerned from the manner by which the parties give
their testimonies during the hearing. In one case, the
Commission
considered
straightforward,
spontaneous, detailed, convincing and natural
testimony as indicia of truthfulness (CSC Res. No.
990835)
142

Delay in reporting
Strictly speaking, there is no time period within
which he or she is expected to complain through
proper channels. The time to do so may vary,
depending upon the needs, circumstances and more
importantly, the emotional threshold of the employee
(Phil Aeolus Automotive united Corp vs NLRC and
Rosalinda Cortez, GR No. 124617 (April 28, 2000).

143

The CSC itself did not consider as fatal

complainants delay in reporting, the reasons for
which were given (CSC Res. No.973277). But in two
cases, the Commission considered reporting to the
authorities at once as indicia of truthfulness (CSC Res.
No. 990436, CSC Res. No.966213)

144

The Rules of Court apply suppletorily to

proceedings in administrative bodies, hence, portions
thereof pertaining to evidence may be invoked in
administrative sexual harassment cases.

145

The Administrative Disciplinary Rules on Sexual Harassment

Cases(CSC Resolution No.01-0940)
I.

Situs of the Offense

Section 4. Sexual harassment may take place:

1. in the premises of the workplace or office or of the school or
training institution;
2. in any place where the parties were found as a result of work or
education or training responsibilities or relations;
3. at work or education or training-related social functions;
4. while on official business outside the office or school or training
institution or during work or school or training-related travel;
5. at official conferences, fora, symposia or training sessions; or
6. by telephone, cellular phone, fax machine or electronic mail.
146

II.

Forms of commission

Section 5. 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.

147

III.

Persons Liable

Section 6. Any government 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.
148

IV.

Committee on Decorum and Investigation

Section 7. A Committee on Decorum and Investigation shall be created

in all national or local agencies of the government, state colleges and
universities, including government-owned or controlled corporations
with original charter. 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 disciplining authority 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;
149

Localized Committees on Decorum and Investigation established in the

regional or field offices, as the case may be, of the agency or institution
shall have the same functions as stated above and shall submit the report
of investigation with its recommendation directly to the disciplining
authority.
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.

150

Section 8. 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.
Section 9. The agency may formulate its own rules governing the term
of office of its members which should be more than two years, and other
matters pertaining to the functions of the Committee not otherwise
provided in these Rules.
151

V.

Pre-filing SOP in attending to victims of SH

Section 10. The Pre-filing Stage. The agency 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.

152

VI.

Standard Procedural Requirements

Section 11. The procedural rules provided hereunder are the standard
requirements in handling a sexual harassment case.
Section 12. Complaint.
(a) The complaint may be filed at any time with the disciplining
authority of the office or agency, or with the Committee on
Decorum and Investigation. Upon receipt of the complaint by
the disciplining authority of the office or agency, 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 office or agency shall immediately cause
the creation of Committee on Decorum and Investigation in
accordance with the law and rules, and transmit the complaint to
the Committee.
153

(b) The complaint must be in writing, signed and sworn to by the

complainant. It shall contain the following:
1. the full name and address of the complainant;
2. the full name, address, and position of the respondent;
3. a brief statement of the relevant facts;
4. evidence, in support of the complainant, if any;
5. a certification of non-forum shopping.

154

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.
x x x
(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.
155

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 the person complained of to submit a CounterAffidavit/Comment under oath within three (3) days
from receipt of the notice, furnishing a copy thereof to
the
complainant,
otherwise
the
CounterAffidavit/Comment shall be considered as not filed.

156

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.

157

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.

158

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) working days thereafter.

159

Section 16. 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 disciplining
authority.

160

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 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.

161

Section 18. 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 less than seventytwo 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-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
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. 162

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 respondents case. If shall also include a
statement indicating whether he/she elects a formal
investigation.

163

Section 20. 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.

164

Section 21. 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 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.

165

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 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.
166

Section 23. Remedies from the Order of Prevention

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.

167

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 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 respondents
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 disciplining
authority in meritorious cases.
168

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:
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.
169

Section 26. Continuous Hearing Until Terminated; Postponement.

Hearings hall 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 tot 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.
170

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 of employment.
171

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.
172

Section 29. 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.
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 opponent;
d. Re-cross examination by the opponent.

173

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.

174

Section 30. 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 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.

175

Section 31. 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.
Section 32. 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.
Section 33. 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.

176

Section 34. Records of Proceedings. The proceedings of the formal

investigation must be recorded either through shorthand or stenotype
or by any other method.
Section 35. Effect of the Pendency of an Administrative Case. The
pendency of any administrative case shall not disqualify the
respondent for promotion or from claming maternity/paternity
benefits. For this purpose, an administrative case shall be construed
as pending when the disciplining authority has issued a formal charge.

177

Section 36. 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.

178

Section 37. When Case is Decided. The disciplining authority shall

render his decision on the case within thirty (30) days from receipt of the
Report on Investigation.
Section 38. 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.
1

179

VII.

Classification of Acts of Sexual Harassment (Grave, Less

Grave and Light)

Section 53. Sexual harassment is classified as grave, less grave and light
offenses.
A. Grave Offenses shall include, but are not limited to:
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 scholarship, or the grant of benefits or
payment of
a stipend or allowance, and
5. other analogous cases.
180

B. Less Grave Offenses shall include, but are not limited to:
1. unwanted touching or brushing against a victims body;
2. pinching not falling under grave offenses;
3. derogatory or degrading remarks or innuendoes directed
toward the members of one sex, or ones sexual orientation or
used
to describe a person;
4. verbal abuse with sexual overtones; and
5. other analogous cases.

181

C.

The

following

shall

be

considered

Light

Offenses;

1. surreptitiously looking or staring a look of a persons private

part or worn undergarments;
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 sexually offensive pictures, materials or graffiti;
5. unwelcome inquiries or comments about a persons 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
182
10. other analogous cases.

VIII.

Administrative Liabilities

Section 54. The 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.
Section 55. 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 56. The penalties for light, less grave, and grave offenses are as
follows:
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 of not less than thirty (30) days and
not exceeding six (6) months
2nd offense Dismissal

C. For grave offenses: Dismissal

183

Section 57. 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.

184

185