CSC MC 2021-11 PPT

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21/10/2021

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

A. Republic Act 7877 A. Declaration of Policies


B. CSC Resolution No. 01-0940 B. Acts Punishable
C. DENR Administrative Order C. Duties of Employees and Co-
(DAO) No. No. 96-33 Workers
D. Common Provisions
D. DAO No. 2002-25
E. Prescription
F. Independent Action for Damages

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Outline
III. CSC MC No. 11, series of 2021

A. Coverage G. Liabilities of Employers


B. Sexual Harassment in the H. Filing of Complaints
Workplace I.Withdrawal of the Complaint
C. Sexual Harassment in Streets & J. Composition and Functions of
Public Places Committee on Decorum and
D. Online Sexual Harassment Investigation (CODI)
E. Other Specific Offenses K. Jurisdiction of CSC
F. Administrative Offenses L. Duties of Liabilities of the Head of
Office

BACKGROUND ■ approved on February 14, 1995


R.A. 7877, an “Act ■ safe spaces only used to mean private
Declaring Sexual property
Harassment
Unlawful in the ■ limited definition of sexual harassment and
Employment, who can be considered the offender
Education or
Training ■ no provisions for harassment by subordinates
Environment, and or peers
for other
purposes”

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RA 7877 "ANTI- SEXUAL HARASSMENT


ACT OF 1995”
▪ Work, Education or Training -Related, Sexual Harassment
Defined. – Work, education or training-related sexual
harassment is committed by an employer, employee, manager,
supervisor, agent of the employer, teacher, instructor, professor,
coach, trainor, or any other 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.

RA 7877 “ANTI- SEXUAL HARASSMENT


ACT OF 1995”
In a work-related or employment environment, sexual harassment is committed when:

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

1. The above acts would result in an intimidating, hostile, or offensive environment


for the employee.

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BACKGROUND
(CSC) Resolution ■ Administrative Disciplinary Rules
No. 01-0940 on Sexual Harassment Cases

■ supersedes or repeals prior CSC issuances


such as MC No. 19, s. 1994 and CSC Res.
95-6161

■ May 21, 2001

BACKGROUND ■ Implementing Rules and Regulations


on the Anti-Sexual Harassment Act
DENR of 1995 (R.A. 7877)
Administrative
Order ■ Pursuant to Section 4 (a) of Republic Act
No. 96-33 7877 otherwise known as “An Act Declaring
Sexual Harassment Unlawful in the
Employment, Education or Training
Environment, and for other Purposes”

■ October 31, 1996

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■ Revised Implementing Rules


BACKGROUND and Regulations on the Anti-Sexual
Harassment Act of 1995
DENR
Administrative ■ Pursuant to Section 4 (a) of RA 7877 otherwise
Order (DAO) No. known as “Act Declaring Sexual Harassment
2002-25 Unlawful in the Employment, Education or Training
Environment, and for other Purposes” and by
virtue of the CSC Resolution No. 01-0940
otherwise known as “The Administrative
Disciplinary Rules On Sexual Harassment Cases”

■November 18, 2002

REPUBLIC ACT
NO. 11313

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RA 11313 (SAFE SPACES ACT)


▪ “An Act Defining Gender-Based Sexual
Harassment in Street, Public Spaces, Online,
Workplaces, and Educational or Training
Institutions, Providing Protective Measures
and Prescribing Penalties Therefore”

▪ July 23, 2018

DECLARATION OF POLICIES
▪ Value dignity and guarantee full respect for human rights.

▪ Recognize the role of women in nation-building and ensure


equality of women and men

▪ Equality, Security and safety in private, streets, public spaces,


online, workplaces and educational and training institutions

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RA 11313
ACTS PUNISHABLE

RA 11313, SECTION 4
Gender-Based Streets and Public Spaces Sexual Harassment

▪ committed through any unwanted and uninvited sexual actions


or remarks against any person regardless of the motive for
committing such action or remarks

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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.

▪ If perpetrator is driver, breach of contract of carriage,


owner/operator solidarily liable with the employee

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RA 11313, SECTION 7

Gender-Based Sexual Harassment in Streets


and Public Spaces Committed by Minors
▪ The DSWD shall take necessary disciplinary measures and
diversion program as provided for under R.A. No. 9344
(Juvenile Justice and Welfare Act of 2006)

RA 11313, SECTION 12
Gender-Based Online Sexual Harassment

▪ acts that use ICT in terrorizing and intimidating victims through


physical, psychological, and emotional threats,

▪ unwanted sexual misogynistic, transphobic, homophobic and


sexist remarks and comments

▪ invasion of victim’s privacy through cyberstalking and incessant


messaging,

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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

▪ Acts that has or could have a detrimental effect on individual's


employment or education, job performance or opportunities

▪ Acts of sexual nature affecting the dignity of a person

▪ A conduct that is unwelcome and pervasive

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RA 11313, Section 21. Gender-Based Sexual


Harassment in Educational and Training Institutions
1. Designation of office or person to receive complaints.
2. Ensure that the victims are provided with a gender-sensitive
environment that is both respectful to the victims’ needs and
conducive to truth-telling
3. Adopt and publish grievance procedures to facilitate the filing
of complaints by students and faculty members
4. Once a perpetrator is found guilty, the educational institution
may reserve the right to strip the diploma from the perpetrator
or issue an expulsion order
5. CODI of all educational institutions shall address gender-
based sexual harassment and online sexual harassment

CSC MC No. 11,


s. 2021

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CSC MC No. 11, s. 2021


▪ Pursuant to CSC Resolution No. 2100064 dated January 20,
2021, the Commission resolved to promulgate the Revised
Administrative Disciplinary Rules on Sexual Harassment Cases.
(Amendment to the Sexual Harassment Provisions in the 2017
Revised Rules on Administrative Cases in the Civil Service)
pursuant to Republic Act No. 11313 (Safe Spaces Act)
Issued on June 2, 2021

CSC MC 11, s. 2021


COVERAGE

1. Sexual Harassment in the Workplace


2. Sexual Harassment in Streets and Public Spaces
3. Online Sexual Harassment

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CSC MC No.11, s. 2021


SEXUAL HARASSMENT IN THE WORKPLACE
Forms:
1. Unwelcome sexual advances, request/demand for sexual
favors or any act of sexual nature with detrimental effect on
individual’s employment or education, job performance or
opportunities
2. Conduct of sexual nature affecting dignity of a person
3. Unwelcome and pervasive conduct that creates an
intimidating, hostile or humiliating environment for the
recipient

Unwelcome sexual advances, request/demand for sexual favors or


any act of sexual nature with detrimental effect on individual’s
employment or education, job performance or opportunities

Elements of the offense:


▪ any unwelcome sexual advances, request or demand for sexual
favors or any act of sexual nature
▪ act is done verbally, physically or through the use of technology
▪ act has or could have a detrimental effect on the conditions of an
individuals’ employment or education, job performance or
opportunities

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Conduct of sexual nature affecting the dignity of a person,


which is unwelcome, unreasonable and offensive to the recipient
Elements of the offense:
▪ conduct is of sexual nature
▪ conduct affects the dignity of person
▪ conduct is unwelcome, unreasonable and offensive to the recipient
▪ conduct is done verbally or physically or
▪ through use of technology such as text messaging or electronic mail

Unwelcome and pervasive conduct that creates an


intimidating, hostile or humiliating environment for the
recipient

Elements of the offense:


▪ conduct is unwelcome and pervasive
▪ conduct creates an intimidating, hostile or humiliating
environment for the recipient

Note: conduct need not be sexual in nature

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CSC MC 11, s. 2021


SEXUAL HARASSMENT IN THE WORKPLACE

Sexual Harassment in Workplace may also be committed :

1. by a government employee or official in a work-related, training


or education related environment of the person complained of,
against any person regardless of the motive for committing
such action or remarks

1. between peers

1. by a subordinate to a superior officer against any person


regardless of the motive for committing such action or remarks

CSC MC 11, s. 2021


SEXUAL HARASSMENT IN STREETS & PUBLIC SPACES

Elements of the offense:

▪ any unwanted and uninvited sexual actions or remarks

▪ actions or remarks are made against any person regardless of


the motive for committing such action or remarks.

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CSC MC 11, s. 2021


SEXUAL HARASSMENT IN STREETS & PUBLIC SPACES
Includes following acts:
1. Catcalling - unwanted remarks directed towards a person
2. Wolf-whistling - whistle to show approval especially a woman
viewed as attractive
3. Unwanted invitations
4. Misogynistic remarks or slurs - indicative of the feeling of hating
women or the belief that men are inherently better than women
5. Transphobic - dislike of or prejudice against transsexual or
transgender people

CSC MC 11, s. 2021


SEXUAL HARASSMENT IN STREETS & PUBLIC SPACES
Includes following acts:
6. Sexists slurs - indicative of prejudice, stereotyping, or
discrimination on the basis of sex

6. persistent uninvited comments or gestures on a person’s


appearances

6. relentless request for personal details

6. statement of sexual comments and suggestions

6. public masturbation or flashing of private parts

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CSC MC 11, s. 2021


SEXUAL HARASSMENT IN STREETS & PUBLIC SPACES
Includes following acts:
11. Groping – fondle someone sexually especially against their will

11. Any advances, whether verbal of physical:

▪ that is unwanted and has threatened one’s sense of personal


space and physical safety, and

▪ committed in public spaces as alleys, roads, sidewalks and


parks

CSC MC 11, s. 2021


SEXUAL HARASSMENT IN STREETS & PUBLIC SPACES

Acts constitutive of sexual harassment in streets and public spaces


are those performed in:

▪ Buildings
▪ Public washrooms
▪ Schools
▪ Bars
▪ Churches
▪ Internet shops,
▪ Restaurants ▪ Public markets,
▪ Malls ▪ Transportation terminals or public
utility vehicles.

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CSC MC 11, s. 2021


ONLINE SEXUAL HARASSMENT

Elements of the offense:

▪ act is committed through an online conduct

▪ conduct is targeted at a particular person

▪ conduct causes or likely to cause another mental, emotional


or psychological distress, and fear for personal safety

CSC MC 11, s. 2021


ONLINE SEXUAL HARASSMENT

Includes following acts:


1. unwanted sexual remarks and comments
2. threats
3. uploading or sharing of one’s photo without consent, video and
audio recordings
4. cyberstalking – committed through an electronic medium in
which online communication takes place.
5. online identity theft – uses spyware to record or collect personal
information

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CSC MC 11, s. 2021


ONLINE SEXUAL HARASSMENT

Elements of the offense:


1. acts use information and communication technology
2. acts are made to terrorize and intimidate victims

CSC MC 11, s. 2021


ONLINE SEXUAL HARASSMENT

3. acts consist of:

a) physical, psychological, and emotional threats


b) unwanted sexual misogynistic, transphobic, homophobic
and sexist remarks and comments online whether
c) publicly or through direct and private messages
d) invasion of victim’s privacy through cyberstalking and
incessant messaging

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CSC MC 11, s. 2021


ONLINE SEXUAL HARASSMENT

3. acts consist of:

e) uploading and sharing without the consent of the victim, any


form of media that contains photos, voice, or video with
sexual content
f) any unauthorized recording and sharing of any of the victim’s
photos, videos, or any information online
g) impersonating identities of victims online

CSC MC 11, s. 2021


ONLINE SEXUAL HARASSMENT

3. acts consist of:


h) posting lies about the victims to harm their reputation
h) filing false abuse reports to online platforms to silence
victims.

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CSC MC 11, s. 2021


OTHER SPECIFIC
OFFENSES

CSC MC 11, s. 2021


Sexual Harassment in the Workplace
a. Grave Offenses :

i. unwanted touching of private parts of the body (inner


thighs, genitalia, buttocks and breast);

i. sexual assault;

i. malicious touching;

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CSC MC 11, s. 2021


Sexual Harassment in the Workplace
iv. requesting for sexual favor in exchange for employment,
promotion, local or foreign travels, favorable working
conditions or assignments, a passing grade, the granting
of honors or scholarship, or the grant of benefits or
payment of a stipend or allowance; and

iv. other analogous cases.

➢ punishable by dismissal from the service

CSC MC 11, s. 2021


Sexual Harassment in the Workplace
b) Less Grave Offenses:
i. unwanted touching or brushing against a victim’s body;
ii. pinching not falling under grave offenses;
iii. derogatory or degrading remarks or innuendoes directed
toward the members of one sex, or one’s sexual
orientation or used to describe a person;
iv. verbal abuse with sexual overtones; and
v. other analogous cases.
➢ punishable by suspension of 1 month and 1 day to 6 months
for the first offense; and dismissal from the service for the
second offense

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CSC MC 11, s. 2021


Sexual Harassment in the Workplace
c. Light Offenses:

i. surreptitiously looking at a person’s private part or worn


undergarments;

i. making sexist statements and uttering smutty jokes or


sending these through text, electronic mail including but
not limited to social media platform malicious leering or
ogling;

CSC MC 11, s. 2021


Sexual Harassment in the Workplace
c. Light Offenses

iii. display of sexually offensive pictures, materials or graffiti;

iii. unwelcome inquiries or comments about a person’s sex


life;

iii. unwelcome sexual flirtation, advances, propositions;

iii. making offensive hand or body gestures at an employee;

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CSC MC 11, s. 2021


Sexual Harassment in the Workplace
c. Light Offenses

vii. persistent unwanted attention with sexual overtones;

vii. unwelcome phone calls with sexual overtones causing


discomfort, embarrassment, offense or insult to the
receiver; and other analogous cases.

⮚ punishable by reprimand for the offense; suspension of 1 to 30


days for the second offense; and dismissal from the service for
the third offense

CSC MC 11, s. 2021


Sexual Harassment in Streets & Public Places
a. Grave Offense - acts that include public masturbation or
flashing of private parts, groping, or any advances, whether
verbal of physical, that is unwanted and has threatened one’s
sense of personal space and physical safety, and committed
in public spaces as alleys, roads, sidewalks and parks

⮚ punishable by dismissal from the service.

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CSC MC 11, s. 2021


Sexual Harassment in Streets & Public Places

b. Less Grave Offense - include unwanted invitations, misogynistic,


transphobic and sexist slurs, persistent uninvited comments or
gestures on a person’s appearances, relentless request for
personal details or making statements, comments and
suggestions with sexual innuendos.

⮚ suspension of 1 month and 1 day suspension to 6 months for the


first offense, and dismissal from the service for the second
offense.

CSC MC 11, s. 2021


Sexual Harassment in Streets & Public Places

c. Light Offense - when a public official or employee engages in


acts that include catcalling or wolf-whistling.

⮚ Punishable by reprimand for the first offense, suspension of 1


to 30 days for the second offense and dismissal from the
service for the third offense.

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CSC MC 11, s. 2021


Online Sexual Harassment
a. Grave – includes 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
online of any of the victim’s photos, videos, or any information of
sexual content, impersonating identities of victims online or
posting lies of sexual nature about the victims to harm their
reputation, or filing false abuse reports to online platforms to
silence victims of sexual harassment.

⮚ punishable by dismissal for the service

CSC MC 11, s. 2021


Online Sexual Harassment
b. Less Grave – includes the use information and communication
technology in terrorizing and intimidating victims through
physical, psychological, and emotional threats with sexual
overtones.

⮚ punishable by suspension of 1 month and 1 day to 6 months


for the first offense; and dismissal from the service for the
second offense.

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CSC MC 11, s. 2021


Online Sexual Harassment
c. Light Offense - include unwanted sexual misogynistic,
transphobic, homophobic and sexist remarks and comments
online whether publicly or through direct and private messages,
invasion of victim’s privacy through cyberstalking and incessant
messaging with sexual overtones.
⮚ punishable by reprimand for the first offense; suspension of 1
to 30 days for the second offense; and dismissal from the
service for the third offense.

CSC MC 11, s. 2021


ADMINISTRATIVE OFFENSES

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CSC MC 11, s. 2021:


ADMINISTRATIVE OFFENSES
Work-related sexual harassment

1. acts as used as a basis for any employment decision (hiring,


promotion, raise in salary, job security, benefits and any other
human resource action)
2. interfering with the complainant’s work performance, or
creating an intimidating, hostile or offensive work environment
3. act to cause discrimination, insecurity, discomfort, offense or
humiliation to a complainant who may be a co-employee,
applicant, customer, or word of the person complained of.

CSC MC 11, s. 2021


ADMINISTRATIVE OFFENSES

The offense may also take place:

1. in premises of the workplace or office or of the school or training


institution;
2. 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;

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CSC MC 11, s. 2021


ADMINISTRATIVE OFFENSES

The offense may also take place:


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;
6. by telephone, cellular phone, fax machine or electronic mail, or
any online platforms

LIABILITIES
OF EMPLOYERS

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RA 7877 “ANTI- SEXUAL HARASSMENT


ACT OF 1995”
▪ Liability of the Employer, Head of Office, Educational or
Training Institution. – The employer or head of office,
educational or training institution shall be solidarily liable for
damages arising from the acts of sexual harassment
committed in the employment, education or training
environment if the employer or head of office, educational or
training institution is informed of such acts by the offended
party and no immediate action is taken. (Section 5)

RA 11313 “SAFE SPACES ACT”


LIABILITY OF EMPLOYERS
In addition to liabilities for committing acts of gender-based sexual
harassment, employers may also be held responsible for:

A. Non-implementation of their duties under Section 17 of this Act, as


provided in the penal provisions; or
B. Not taking action on reported acts of gender-based sexual harassment
committed in the workplace.

Above penalties are without prejudice to any administrative sanctions that


may be imposed if the perpetrator is a government employee. (Section 29)

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CSC MC 11, s. 2021


FILING OF COMPLAINTS

CSC MC 11, s. 2021


FILING OF COMPLAINT
1. Complaint to be filed with Committee on Decorum and
Investigation (CODI)
2. CODI to conduct investigation
3. CODI to submit report of its findings with recommendations to
the disciplining authority for decision (within 10 days from
termination of investigation)

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CSC MC 11, s. 2021


Withdrawal of the Complaint

▪ The withdrawal of the complaint does not result in its outright


dismissal or discharge of the person complained of from any
administrative liability.

CSC MC 11, s. 2021


COMPOSITION AND FUNCTIONS OF CODI

* serve as an independent internal mechanism


1. CODI in workplace - at least 1 representative each from the
management, the employees from the supervisory rank, the
rank-and-file employees, and the union/s or employees
association

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CSC MC 11, s. 2021


COMPOSITION AND FUNCTIONS OF CODI
2. Shall be headed by a woman and not less than half of its
members shall be women

2. When the complainant or the person complained of is a


member of the Committee, he/she shall be disqualified from
being a member thereof

2. The complainant or the person complained of may request a


member of the CODI to inhibit, or the CODI member may, on
his/her initiative, cause the inhibition based on conflict of
interest, manifest partiality, and other reasonable grounds

CSC MC 11, s. 2021


COMPOSITION AND FUNCTIONS OF CODI
5. The CODI shall ensure the protection of a complainant from
retaliation without causing her/him any disadvantage,
diminution of benefits or displacement, and without
compromising his/her security of tenure

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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CSC MC 11, s. 2021


JURISDICTION OF THE CSC
OVER SEXUAL HARASSMENT CASES

The Commission may take cognizance of the case under any of


the following circumstances:

a. the agency has no CODI;


b. the disciplining authority is the subject of the complaint;
c. the subject of the complaint is a CODI member; or
d. there is unreasonable delay in complying with the periods
provided

CSC MC 11, s. 2021


DUTIES AND LIABILITIES
OF THE HEAD OF OFFICE/AGENCIES
OR OTHER PERSONS OF AUTHORITY,
INFLUENCE OR MORAL ASCENDANCY

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CSC MC 11, s. 2021


DUTIES & LIABILITIES
1. Disseminate or post a copy of the law and this rule to all persons in
the workplace

▪ through official notices to heads of different departments,


bureaus, offices, units
▪ Posting a copy of the law and its rules online or in the official
website
▪ Conducting orientations and providing its employees with copies
in print or electronic form as well production on IEC materials,
Frequently Asked Questions (FAQ)

CSC MC 11, s. 2021


DUTIES & LIABILITIES
2. Provide measures to prevent sexual harassment in the workplace

2. Create a CODI to investigate and address complaints of sexual


harassment

2. Develop and disseminate a code of conduct on sexual


harassment and CODI manual

2. Formulate its own rules governing the term of office of its


members which should not be more than 2 years

2. Non-implementation of the above duties and the failure to create


a CODI shall be charged with Neglect of Duty

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RA 7877 “ANTI- SEXUAL HARASSMENT


ACT OF 1995”
▪ Duty of the Employer or Head of Office in a Work-related,
Education or Training Environment. – It shall be the duty of the
employer or the head of the work-related, educational or training
environment or institution, to prevent or deter the commission of
acts of sexual harassment and to provide the procedures for the
resolution, settlement or prosecution of acts of sexual
harassment.

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.

RA 11313, COMMON PROVISIONS


▪ Sec. 26. Confidentiality - rights of the victim and the accused who is a
minor shall be recognized

▪ Sec. 27. Restraining Order - may issue an order directing the


perpetrator to stay away from the offended person at a distance
specified by the court

▪ Sec. 28. Remedies and Psychological Counselling - for victim of


gender-based street, public spaces or online Sexual Harassment, may
avail of appropriate remedies, such as counselling services with the aid
of the LGU and DSWD, in coordination with DOH and PCW

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RA 11313, COMMON PROVISIONS


▪ Sec. 29. Administrative Sanctions - may be imposed if the
perpetrator is a government employee
▪ Sec. 30. Imposition of Heavier Penalties - Nothing in this Act shall
prevent LGUs from coming up with ordinances that impose heavier
penalties
▪ Sec. 31. Exemptions - Acts that are legitimate expressions of
indigenous culture and tradition, as well as breastfeeding in public

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 –

▪ Offenses committed under Section 11(b) of this Act shall


prescribe in three (3) years

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) –

▪ Offenses committed under Section 11(c) of this Act shall


prescribe in ten (10) years

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PRESCRIPTION
Section 12. Gender-Based Online Sexual Harassment.
Offenses committed under Section 12 of this Act shall be
imprescriptible.

Section 16. Gender-Based Sexual Harassment in the Workplace.

Section 21. Gender-Based Sexual Harassment in Educational and


Training Institutions.
Offenses committed under Sections 16 and 21 of this Act shall
prescribe in five (5) years.

INDEPENDENT ACTION FOR


DAMAGES
RA 7877
▪ Nothing in this Act shall preclude the victim of work, education or
training-related sexual harassment from instituting a separate
and independent action for damages and other affirmative relief.
(Section 6)

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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21/10/2021

Thank you.

41

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