PROCEDURAL RULES FOR SEXUAL HARASSMENT CASES
Based on the 2017 Rules of Administrative Cases in the Civil Service
and the Revised Administrative Disciplinary Rules on Sexual Harassment Cases
Step 1.
FILING OF THE COMPLAINT
Administrative proceeding may be initiated by the disciplining authority or upon complaint of any employee. 1 The complaint should be in writing,
subscribed and sworn to by the complainant. In cases initiated by the proper disciplining authority or an authorized representative, a show cause
order is sufficient. The complaint shall be filed with the Committee on Decorum and Investigation of Sexual Harassment Cases in the Civil Service
(CODI).2
Step 2.
PRELIMINARY INVESTIGATION
The CODI, upon receipt of the complaint, shall conduct a preliminary investigation to determine the existence of a prima facie case.3 Preliminary
Investigation may be conducted in any of the following manner: a) requiring the submission of a counter-affidavit or comment and/or other documents
from the person complaint of within five (5) days from receipt of the complaint, b) ex-parte evaluation of the records, or c) clarificatory meeting with
the parties to discuss the merits of the case.4 The preliminary investigation shall commence within a non-extendible period of five (5) days
upon receipt of the complaint and shall be terminated within twenty (20) days thereafter.5
Step 3.
INVESTIGATION REPORT
Within five (5) days from the termination of the preliminary investigation, CODI shall submit the investigation report with recommendation and
the complete records of the case to the disciplining authority.6
1
Section 10, Rule 3 of 2017 Rules on Administrative Cases in the Civil Service.
Section 14, Rule 3, supra.
3 Section 17, Rule 3, supra.
4 Section 19, Rule 4, supra.
5 Section 20, Rule 4, supra.
6 Section 21, Rule 4, supra.
2
Step 4.
DECISION OR RESOLUTION AFTER PRELIMINARY INVESTIGATION
If a prima facie case is established after the preliminary investigation, the disciplining authority may issue either a formal charge or a notice of
charge. In the absence of a prima facie case, the complaint shall be dismissed.7
Step 5.
FILING OF ANSWER
Upon receipt of the formal charge or notice of charge, the respondent shall file his answer under oath in not less than three (3) days but not more
than ten (10) days from the receipt thereof.8 If the respondent fails or refuses to file an answer to the formal charge or notice of charge within the
given period, the respondent shall eb considered to have waived his/her right to submit the same and the case shall be decided based on available
records.9
Step 6.
PREVENTIVE SUSPENSION
The disciplining authority may issue an order of preventive suspension against the respondent upon issuance of the formal charge or notice of
charge for charges involving the actions mentioned in Section 29(A) and (B), Rule 7 of the 2017 Rules on Administrative Cases in the Civil Service.10
In the alternative, the disciplining authority may reassign the respondent to another unit of the agency subject to the periods prescribed under
Section 31, Rule 7 of the 2017 Rules on Administrative Cases in the Civil Service. 11
Step 7.
FORMAL INVESTIGATION
The CODI may conduct a formal investigation in such cases which cannot be decided judiciously without formal investigation or when the respondent
elects to have one. The formal investigation shall be held not earlier than five (5) days nor later than ten (10) days from receipt of the answer of the
respondent. The formal investigation shall be finished within thirty (30) days from the issuance of the formal charge or the receipt of the
answer of the respondent.
7
Section 22, Rule 4, supra.
Section 24, Rule 5, supra.
9 Section 27, Rule 6, supra.
10 Section 29, Rule 7, supra.
11 Section 30, Rule 7, supra.
8
Step 8.
PRE-HEARING CONFERENCE
At the commence of the formal investigation, the CODI shall conduct a pre-hearing conference for the parties to appear, consider, and agree on
the any of the following: a) stipulation of facts, b) simplification of issues, c) identification and marking of evidence of the parties, d) waiver of
objection 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.
Step 9.
PRESENTATION OF WITNESS
Hearings shall be conducted on the dates set during the pre-hearing conference. Each party is granted one (1) postponement upon oral or written
request.12 The parties shall present their respective witnesses who shall be placed under oath and shall state his/her name, address, civil status,
age, and complete name and address of employment. Sworn statement executed by a witness shall constitute direct testimony. Such, however, is
without prejudice to clarificatory questions that may be asked during the hearing.13
Step 10. ISSUANCE OF SUBPOENA
The CODI may issue subpoena to compel the attendance of the witnesses and production of documents or things. If a party desires the attendance
of a witness and/or production of documents, such party shall make a request for the issuance of the subpoena at least seven (7) days before the
scheduled hearing.14
Step 11. FORMAL OFFER OF EVIDENCE
When the presentation of witnesses has been concluded, the parties shall formally offer their evidence orally or in writing and thereafter objections
thereto may be made orally or in writing. 15
12
Section 37, Rule 8, supra.
Section 38, Rule 8, supra.
14 Section 43, Rule 8, supra.
15 Section 40, Rule 8, supra.
13
Step 12. SUBMISSION OF MEMORANDA
After the all the witnesses have been presented, the CODI may direct the parties to submit their memoranda which in no case shall be beyond
five (5) days after the termination of the formal investigation.16
Step 13. FORMAL INVESTIGATION REPORT
Within ten (10) 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 CODI to the
disciplining authority.17
Step 14. DECISION
The disciplining authority shall decide the case within thirty (30) days from the receipt of the formal investigation report.18
Step 15. FINALITY OF DECISION
The decision of the disciplining authority shall be final and executory unless a motion for reconsideration is seasonably filed. In such cases where
the penalty imposed is reprimand or suspension for not more than thirty (30) days or a fine in an amount not exceeding thirty (30) days’ salary shall
not be appealable.
16
Section 40, Rule 8, supra.
Section 17, Rule 3, Revised Administrative Disciplinary Rules on Sexual Harassment Cases.
18 Section 48, Rule 8, supra.
17