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CSC MC 2021-11 PPT
CSC MC 2021-11 PPT
CSC MC 2021-11 PPT
REVISED ADMINISTRATIVE
DISCIPLINARY RULES
ON SEXUAL HARASSMENT CASES
(Civil Service Commission
Memorandum Circular No. 11,
Series of 2021)
Atty. Analiza Rebuelta-Teh
DENR Undersecretary
Chairperson,
DENR National Gender and Development
Focal Point System
Outline
I. Background II. Republic Act 11313
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Outline
III. CSC MC No. 11, series of 2021
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1. The sexual favor is made as a condition in the hiring or in the employment, re-
employment or continued employment of said individual, or in granting said
individual favorable compensation, terms of conditions, promotions, or
privileges; or the refusal to grant the sexual favor results in limiting, segregating
or classifying the employee which in any way would discriminate, deprive or
diminish employment opportunities or otherwise adversely affect said employee;
1. The above acts would impair the employee’s rights or privileges under existing
labor laws; or
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BACKGROUND
(CSC) Resolution ■ Administrative Disciplinary Rules
No. 01-0940 on Sexual Harassment Cases
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REPUBLIC ACT
NO. 11313
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DECLARATION OF POLICIES
▪ Value dignity and guarantee full respect for human rights.
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RA 11313
ACTS PUNISHABLE
RA 11313, SECTION 4
Gender-Based Streets and Public Spaces Sexual Harassment
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RA 11313, SECTION 5
Gender-Based Sexual Harassment (GBSH) in Restaurants
and Cafes, Bars and Clubs, Resorts and Water Parks, Hotels
and Casinos, Cinemas, Malls, Buildings
and Other Privately Owned Places Open to the Public
▪ adopt a policy of zero tolerance
RA 11313, SECTION 6
Gender-Based Sexual Harassment in Public Utility Vehicles
(PUV)
▪ The LTO may cancel the license of perpetrators, and the LTFRB
may suspend or revoke the franchise of transportation operators.
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RA 11313, SECTION 7
RA 11313, SECTION 12
Gender-Based Online Sexual Harassment
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RA 11313, SECTION 12
Gender-Based Online Sexual Harassment
▪ uploading and sharing without the consent of the victim, any
form of media that contains photos, voice, or video with sexual
content,
▪ any unauthorized recording and sharing of any of the victim’s
photos, videos, or any information online,
▪ impersonating identities of victims online or posting lies about
victims to harm their reputation, or
▪ filing, false abuse reports to online platforms to silence victims.
RA 11313, SECTION 16
Gender-Based Sexual Harassment in the Workplace
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1. between peers
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▪ Buildings
▪ Public washrooms
▪ Schools
▪ Bars
▪ Churches
▪ Internet shops,
▪ Restaurants ▪ Public markets,
▪ Malls ▪ Transportation terminals or public
utility vehicles.
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i. sexual assault;
i. malicious touching;
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LIABILITIES
OF EMPLOYERS
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5. The CODI shall observe due process and within 10 days from
the termination of the conduct of the investigation, submit
report to the disciplining authority
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RA 11313
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RA 11313:
DUTIES OF EMPLOYEES AND CO-WORKERS
Employees and co-workers shall have the duty to:
a) Refrain from committing acts of gender-based sexual
harassment;
b) Discourage the conduct of gender-based sexual harassment
in the workplace;
c) Provide emotional or social support to fellow employees, co-
workers, colleagues or peers who are victims of gender-based
sexual harassment; and
d) Report acts of gender-based sexual harassment witnessed in
the workplace.
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RA 11313, PRESCRIPTION
▪ 11(a). For acts such as cursing, wolf-whistling, catcalling, leering and
intrusive gazing, taunting, pursing, unwanted invitations, misogynistic,
transphobic, homophobic, and sexist slurs, persistent unwanted
comments on one’s appearance, relentless requests for one’s personal
details such as name, contact and social media details or destination,
the use of words, gestures or actions that ridicule on the basis of sex,
gender or sexual orientation, identity and/or expression including sexist,
homophobic, and transphobic statements and slurs, the persistent
telling of sexual jokes, use of sexual names, comments and demands,
and any statement that has made an invasion on a person’s personal
space or threatens the person’s sense of personal safety –
▪ Offenses committed under Section 11(a) of this Act shall prescribe
in one (1) year
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RA 11313, PRESCRIPTION
▪ 11(b) For acts such as making offensive body gestures at
someone, and exposing private parts for the sexual
gratification of the perpetrator with the effect of demeaning,
harassing, threatening or intimidating the offended party
including flashing of private parts, public masturbation,
groping, and similar lewd sexual actions –
RA 11313, PRESCRIPTION
▪ (c) For acts such as stalking, and any of the acts mentioned in
Section 11 paragraphs (a) and (b), when accompanied by
touching, pinching or brushing against the body of the offended
person; or any touching, pinching, or brushing against the
genitalia, face, arms, anus, groin, breasts, inner thighs, face,
buttocks or any part of the victim’s body even when not
accompanied by acts mentioned in Section 11 paragraphs (a)
and (b) –
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PRESCRIPTION
Section 12. Gender-Based Online Sexual Harassment.
Offenses committed under Section 12 of this Act shall be
imprescriptible.
RA 11313, IRR
▪ Nothing shall preclude the victim of work-related GBSH from
instituting a separate and independent action for damages and
other affirmative relief. (Section 23)
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Thank you.
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