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CHR: Dignity of all

VISION: A just and humane Philippine society of persons MISSION: As conscience of government and the people, we seek truth in human rights
issues. As beacon of truth, we make people aware of their rights, and guide
equal in opportunity, living a life of dignity, and
government and society towards actions that respect the rights of all,
forever vigilant against abuses and oppression. particularly those who cannot defend themselves—the disadvantaged,
marginalized, and vulnerable.
Salient Features of
the New Rule on
Anti-Sexual
Harassment
CHR: Dignity of all
Salient Features of the New Rule

• AUTHORITY, INFLUENCE and MORAL


ASCENDANCY are no longer
indispensable elements of the
administrative offense of sexual
harassment.

CHR: Dignity of all


Salient Features of the New Rule

• Provides for a STANDARD


PROCEDURE in so far as the
manner of filing, hearing,
disposition and appeal of SH cases.

CHR: Dignity of all


Salient Features of the New Rule

• The local CODI has now EXCLUSIVE


ORIGINAL JURISDICTION over
sexual harassment complaints
within their respective agencies.

CHR: Dignity of all


Salient Features of the New Rule
• The CIVIL SERVICE COMMISSION has
APPELATE JURISDICTION over sexual
harassment cases decided upon by the
government agencies.

• NEW possibilities of committing SH such


as offensive or lewd jokes via e-mail and
SMS (text) messages are now PENALIZED.
CHR: Dignity of all
Salient Features of the New Rule
• DISCIPLINING AUTHORITY is now given a
fixed period to act WITHIN 15 DAYS to
render a DECISION on the sexual
harassment complaint.

• A HEAD OF OFFICE who fails to act within


15 days on a complaint for sexual
harassment shall be charged with
NEGLECT OF DUTY.
CHR: Dignity of all
Salient Features of the New Rule

• The acts constituting sexual


harassment are now clearly classified.

• Persons who may be held liable for


sexual harassment are not only limited
to those who directly performed the
sexual harassment act
CHR: Dignity of all
Administrative Disciplinary Rules on
Sexual Harassment Cases
• Effectivity Date: August 5, 2001

Legal Basis:
Sec. 4 (a) of R.A. 7877 “Anti-Sexual Harassment
Act of 1995” mandates every employer or head of
agency in the public and private sectors to
promulgate rules and regulations prescribing the
procedure for the investigation of SH cases and the
administrative sanctions therefore.

CHR: Dignity of all


Rule II Sec. 2 Coverage

• ALL officials and employees in


government, whether in the Career or
Non-Career service and holding any
level of position, including Presidential
appointees and elective officials
regardless of status, in the national or
local government, State Colleges and
Universities, including GOCCs with
original charters.

CHR: Dignity of all


Rule III Sec 3 Definition
SEXUAL HARASSMENT

is 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.
CHR: Dignity of all
Rule III Sec 4 Where May Sexual Harassment
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 education or training
responsibilities or relations;

3. at work or education-related social


functions;
CHR: Dignity of all
Rule III Sec 4 Where May Sexual Harassment
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.
CHR: Dignity of all
Rule IV Sec 6 Forms of Sexual Harassment

Physical
* malicious touching
* overt sexual advances
* gestures with lewd insinuations
examples: glance, wink, kissing,
brushing up against a person,
pinching and touching

CHR: Dignity of all


Rule IV Sec 6 Forms of Sexual Harassment

Verbal
* requests or demands for sexual
favors and lurid remarks

examples: lewd remarks, offensive


jokes, outright propositions

CHR: Dignity of all


Effects of Sexual Harassment to Victims

• Emotional stress
• Fear of job loss
• Economic impact
-loss of income because of denied
promotions
• Interruptions of one’s career
• Loss of benefits

CHR: Dignity of all


Effects of Sexual Harassment to Victims

• Social isolation
• Mental anguish
• Depression
• Self-doubt
• Loss of self-esteem

CHR: Dignity of all


Who are liable?

Any government official or employee, regardless


of age, when she/he:

iDirectly participates in the execution of any act


of sexual harassment.

iInduces or directs another or others to commit


sexual harassment.

CHR: Dignity of all


Who are liable?
Any government official or employee, regardless
of age, when she/he:

iCooperates in the commission of sexual


harassment without which it wouldn’t be
accomplished.

iCooperates in the commission of sexual


harassment by another through previous or
simultaneous act.
CHR: Dignity of all
The Committee on Decorum and
Investigation
Composition:

Work-related environment
at least one (1) representative from the:
i management
i accredited union
i second level employees
i first level employees

CHR: Dignity of all


The Committee on Decorum and
Investigation
Educational or training institution
at least one (1) representative from the:
i administration
i trainers
i teachers, instructors, professors or
coaches
i students and trainees

CHR: Dignity of all


The Committee on Decorum and
Investigation

Localized Committees on Decorum and


Investigation
shall have the same functions as that of
Regional CODI and shall submit the report of
investigation with its recommendation directly
to the disciplining authority.

CHR: Dignity of all


The Committee on Decorum and
Investigation

Localized Committees on Decorum and


Investigation

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.

CHR: Dignity of all


The Committee on Decorum and
Investigation

Functions:
a.) Receives COMPLAINTS of sexual
harassment;

b.) Investigates sexual harassment


complaints in accordance with the
prescribed procedure;

CHR: Dignity of all


The Committee on Decorum and
Investigation
Functions:
c.) Submits a report to its findings with
the corresponding recommendation to
the disciplining authority;
d.) Leads in the conduct of discussion
about sexual harassment within the
agency or institution to increase
understanding and prevent incident of
sexual harassment.
CHR: Dignity of all
Procedure

1. Counselling (get the facts)


2. Obtaining professional help
3. Offering options available
a. First option – to file case
-administrative
-criminal
-civil
b. Second option – Not to file case
CHR: Dignity of all
Classification of Acts of Sexual
Harassment

GRAVE OFFENSES: shall include but not


limited to:
i unwanted touching of private parts of
the body;
i sexual assault;
i malicious touching;

CHR: Dignity of all


Classification of Acts of Sexual
Harassment

GRAVE OFFENSES: shall include but not


limited to:
i requesting for sexual favor in exchange
for employment, promotion, local or
foreign travels, favorable working
conditions, a passing grade, etc.;
i other analogous cases

CHR: Dignity of all


Classification of Acts of Sexual
Harassment

LESS GRAVE OFFENSES: shall include but


not limited to:
i unwanted touching or brushing
against the victim’s body;

i pinching not falling under grave


offenses;
CHR: Dignity of all
Classification of Acts of Sexual
Harassment

LESS GRAVE OFFENSES: shall include but


not limited to:
i derogatory or degrading remarks or
innuendo’s…
i verbal abuse or threats with sexual
overtones;
i other analogous cases.

CHR: Dignity of all


Classification of Acts of Sexual
Harassment

LIGHT OFFENSES: shall include but not


limited to:
i surreptitiously looking for stealing a look
at a person’s private parts or worn
undergarments;
i telling sexist or smutty jokes or sending
these through test, electronic mail or
other similar means;
CHR: Dignity of all
Classification of Acts of Sexual
Harassment

LIGHT OFFENSES: shall include but not


limited to:
i malicious jeering or ogling;
i display of sexually offensive pictures,
material or graffiti;
i unwelcome sexual flirtation, advances,
proposition;
CHR: Dignity of all
Classification of Acts of Sexual
Harassment

LIGHT OFFENSES: shall include but not


limited to:
i making offensive hand or body
gestures at an employee;
i unwelcome phone calls with sexual
overtones causing discomfort.

CHR: Dignity of all


Administrative Liabilities

Sec. 54. The head of office who fails to


act within (15) days from receipt of any
complaint for SH properly filed against
any employee in that office shall be
charged with NEGLECT OF DUTY.

CHR: Dignity of all


Administrative Liabilities
Sec. 56 PENALTIES

GRAVE OFFENSES: DISMISSAL

LESS GRAVE
1st Offense: Fine or Suspension not less
than 30 days and not exceeding 6
months.
2nd Offense: DISMISSAL
CHR: Dignity of all
Administrative Liabilities

Sec. 56 PENALTIES

LIGHT
1st Offense: Reprimand
2nd Offense: Fine or suspension not
exceeding 30 days
3rd Offense: DISMISSAL

CHR: Dignity of all


Duty of the Agencies of the
Government

Sec. 58 shall promulgate or modify their


own rules and regulations in conformity
with these Rules, in consultation with
their employees

CHR: Dignity of all


Duty of the Commission

Sec. 62 monitor the implementation


Sec. 63 in case a complaint of sexual
harassment is filed with the Commission,
the same shall be remanded to the
agency where the alleged offender is
employed for appropriate action in
accordance with their own rules and
regulations on sexual harassment.
CHR: Dignity of all
Duty of the Commission

Sec. 64 shall render technical assistance


to agencies in the formulation of their
rules and regulations on sexual
harassment and the development and
implementation of an intervention and
prevention program on sexual
harassment.
CHR: Dignity of all
If you are a victim of sexual
harassment:

• Hold your ground. Say NO! and put a


stop to the harassment.
• Immediately report the harassment to
the concerned person or office within
your work or institution.
• If possible, narrate the incident to a
third person you can confide in
CHR: Dignity of all
If you are a victim of sexual
harassment:
• File a complaint of sexual harassment
under RA 7877 or the Revised Penal Code
• Do not believe the myth that sexual
harassment is actually meant as a
compliment.
• Be actively engaged in developing an anti-
sexual harassment policy in your
workplace or institution.
CHR: Dignity of all
If you are a victim of sexual
harassment:

• Do not forget to seek counseling and


to have your own support group

• Conduct an awareness program to


inform others about sexual
harassment

CHR: Dignity of all


Follow us on:

CHR – Caraga Region

chrcaraga
chrcaraga

Hotline # 0917-126-1821

CHR: Dignity of all


SAAC Bldg., Commonwealth Ave.,
UP Complex, Diliman, Quezon City

Public Assistance and Complaints Desk


(0936) 068 0982 (TM) | (0920) 506 1194 (Smart)
(02) 294 8704

/chrgovph
www.chr.gov.ph

VISION: A just and humane Philippine society of persons MISSION: As conscience of government and the people, we seek truth in human rights
issues. As beacon of truth, we make people aware of their rights, and guide
equal in opportunity, living a life of dignity, and
government and society towards actions that respect the rights of all,
forever vigilant against abuses and oppression. particularly those who cannot defend themselves—the disadvantaged,
marginalized, and vulnerable.

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