RESTBlQIfcU

PUNONGHIMPILAN HUKBONG DAGAT NG PIUPINAS

(Headquarters Philippine Navy) JDTGEAAE RLC:jablmbf-6418
Naval Station Jose Andrada
2335 Roxas Boulevard, Manila

O/TNA 24 May 2018

PERSONNEL DIRECTIVE
NUMBER 01

PREVENTION, MONITORING, ANO DISPOSITION OF

SEXUAL HARASSMENT INCIDENTS IN THE WORKPLACE

1. AUTHORITY;

a. Republic Act 7877 (Otherwise known as the Anti Sexual Harassment

Act)
b. AFP Directive dated 29 June 1993. Sub/. Treatment of Women in the
AFP
c. Civil Service Memorandum Circular 19 dtd 1994
d. Civil Service Commission Resolution No. 956161 dtd 10 Oct 1995;
e. GHQ Letter Directive dated 29 June 1993
f. HPN Personnel Directive Nr 01 dated 02 Jan 2006
g. CSC Resolution No. 01-0940 (Administrative Disciplinary Rules on
Sexual I larassment of Cases)
h CSC Resolution 1701077 dtd 03 July 2017 ( 2017 Rules on
Administrative Cases In the CMI Service)
L GHQ Personnel Directive Nr 04 dated 26 Aug 2008

2. PURPOSE:
•
To prescribe tho policy, guidolirws. and procedures in the prevention,
griovanco reporting system, investigation and disposition of sexual harassment
cases in the PN. and to define the obligations and accountability of tho commanders
and/or supervisors for creating a safe working environment for its personnel

3. SCOPE AND APPLICABILITY:

This directive is applicable to all military personnel and civilian employees

assigned or working in the Philippine Navy, including those who are detailed to
perform duties In the Reserve Officer Training Center of any educational institution.

4. DEFINITION:

a. Sexual Harassment - Is an act or a series acts involving unwelcome

sexual advance, request or demand for sexual favor, or other vortal or physical
behavior of a sexual nature, made directly, indirectly or Impliedly in a work-related,
training or education related environment of the person complained of.

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PUNONGHIMPILAN HUKBONG DAGAT NG PIUPINAS

(Hsadquadsrs Philippine Navy) JDTG:EAAE RLC:)abf:mbf-6410
Naval Slation Jose Andrada
2336 Roxas Boulevard, Manila

O/TNA 24 May 2018

PERSONNEL DIRECTIVE
NUMBER 01

PREVENTION, MONITORING, AND DISPOSITION OF

SEXUAL HARASSMENT INCIDENTS IN THE WORKPLACE

1. AUTHORITY:

a. Republic Act 7877 (Otherwise known as the Anti Sexual Harassment

Act)
b AFP Directive dated 29 June 1993. Sub): Treatment of Women in the

c. Cavil Service Memorandum Circular 19 dtd 1994

d. Civil Service Commission Resolution No. 956161 dtd 10 Oct 1995:
e. GHQ Letter Directive dated 29 June 1993
f. HPN Personnel Directive Nr 01 dated 02 Jan 2006
g. CSC Resolution No. 01-0940 (Administrative Disciplinary Rules on
Sexual I larassment nf Cases)
h CSC Resolution 1701077 dtd 03 July 2017 ( 2017 Rules on
Admin Istratlve Cases In the Civil Service)
L GHQ Personnel Directive Nr 04 dated 26 Aug 2008

2. PURPOSE:
•
To presenbo tho policy, guidelines, and procedures In the prevention,
gnovanco reporting systom. investigation and disposition of sexual harassment
cases in the PN. and to define the obligations and accountability of tho commanders
and/or supervisors for creating a safe working environment for its personnol

3. SCOPE AND APPLICABILITY:

This directive te applicable to aN military personnel and civilian employees

assigned or working in the Philippine Navy, Including those who are detailed to
perform duties In the Reserve Officer Training Center of any educational Institution.

4. DEFINITION:

a Sexual Harassment is an act or a series acts involving unwelcome

sexual advance, request or demand for sexual favor, or other verbal or physical
behavior of a sexual nature, made directly, indirectly or Impliedly In a work-related,
training or education related environment of the person complained of

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b Work-related environment - for the purposes of defining sexual

harassment, include* but not limited to the work-place, offico. outside the offioe. or
within camp premises that is under the control or supervision of the Phllpplne Navy;
at office-related social fundion 6. In the course of work assignments outside the
office, at work-related conferences or training sessions, during work-related travel;
over the telephone, or any place involved in the performance of work responsibilities
or duties. It also includes military school or training institution.

c. Sexual Assault - refers to any enme In which tho offender subjects the
wc*m to sexual touching that Is unwanted and offensrve that includes rape or
attempted rape, forcible sodomy (anal or oral sex against a person s will), marital
rape, unwanted sexual touching, sexual contact with minors, Incest (sexual
Intercourse or sexual intrusion between family members) and any unwanted or
coerced sexual contact

d. Education related environment - refers school's premises wherein

PN personnel arc detailed to perform duties such as Commandant. Tactical Officer
or NCO or in any other capacity II shall also include ROTC training related-social
functions. ROTC trainings or activities conducted outside the school s premises and
over lhe telephone.

e. Harassment-free Environment • Is a condition in the workplace in

which personnel are able to perform thoir duties and responsibiibes without fear or
intimidation that their dignity as person wUl be violated through an act of sexual
harassment by a superior, oo-worker. or any other person within the workplace.

f. Grievance System - for the purpose of defining sexual harassment, it

Is a mechanism or procod uro in which any personnel who believes they were
subjected to an act of sexual harassment can submit a oompiamt and bo provided
with feedbacks as to the actions takon by the organization to address their specific
grievance.

g. Preliminary Investigation a mandatory proceeding undertaken to

determine whether a pnma facie case exists to warrant lhe issuance of a formal
cherge/nottoe of charge.

h. Pnma Facie Case - is that amount of evidence which would bo

sufficient to counterbalance the general presumption ol Innocence, and warrant a
conviction, if not encountered and controlled by evidence tending to contradict it. and
render it improbable, or to prove other fads inconsistent with it, and the
establishment of a prrna fade case does not tako away the presumption of
innocence which may in the opinion of the judge be such as to rebut and control it
(Bautista vs Sarmiento. 138 SCRA 587).

L Investigating Officer - officer designated by proper military authorities

to investigate or determine whether or not a pnma fado case of miumI harassment
or other case involving sexually related offenses, against tho respondent or offender
ovists
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j. Personnal - for the purpose of defining sexual harassmont. It pertain*

to any member of the Philippine Navy, lo include but not limited to regular uniformed
or civilian personnel, trainees, reservists on AADT, persons under a contract and
performing duties in the workplace.

k. Forum Shopping - refers to the filing of sovoral administrative actions

or complaints either simultaneously or successively before agencies or tribunals
having concurrent jurisdiction over lhe ease against the same party involving the
same ossontial tacts, circumstances, acts, causes or action or relief, and al raising
substantially the same issues. Such case can cither be pending In. or already
resolved adversely by. some other tribunal or agency.

S. POLICY:

a The Philippine Navy is committed to provide and promote a secured

environment for its uniformed and civilian workforce whoro they can realize their full
potential. There is no place in the organization for an intimidating, hostile, or
offensive environment for the personnel concerned. anslng from being soxualty
harassed or witnessing acts of sexual harassment in the work place.

b. The Philippine Navy values tho dignity of overy individual and

guarantee full respect for their human rights. It regards sexual harassment as a
reprehensible acl that has no place in lhe organization as it destroys morale, civility
and respect in the workplace It Is imperative that all proceedings in relation to this
policy should treated with strict confidentiality.

c. The Philippine Navy will not tolerate any acts of sexual harassment that
results in limiting, segregating or dassfying its personnel which In any way would
discriminate, deprive or diminish caree* opportunities or otherwise adversely affect
said personnel

d. The Philippine Navy shall require its unit commanders and office
supervisors to provide a harassment-free workplace, deter the oommission of sexual
harassment, gricvancos aro forwarded to tho proper authorities, offender are
promptly sanctioned and their cases forwarded for disposition.

e. Any personnel having authority influence, or moral ascendancy over

other personnel, who committed any act defined herein, regardless of sex. shall bo
Investigated and held liable In accordance with the existing military laws or CM
Service Rulos and Regulations

f. Persons liable for sexual harassment - any PN personnel, regardless

of sex. is liable for sexual harassment when he/she:

1) Directly participates in tho oxocutton of any act or sexual

harassment as defined by those Rules.
2) Induces or directs another or others to commit sexual
harassment as defined by these Rules.

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3) Cooperate® in the commission o! sexual harassment by another

through an act without which the sexual harassment would have not teen
accomplished;
4) Cooperates in the commission of sexual harassment by another
through previous or simultaneous acts

g Work related sexual harassment is oommittod under the following

circumstances:

1) Submission to or rejection of the act or series or acts is used as

a basis for any employment decision (including but not limited to enlistment,
commission re-enlistment or extension of tour of active duty of a military personnel,
or employment, ro-omploymeni or continued employment of a civilian personnel,
promotion, job security, boncfhs and any other personnel action) affecting the
applicanVemployee. or

2) The act or series of acts havo the purpose or effect of interfering

with the complainant's work performance or creating an Intimidating, hostile or
offensivo work environment; or

3) The act or senes of acts might reasonably be expected to causa

discrimination, insecurity, discomfort, offonso or humiliation to a complainant who
may be a co-employee, applicant customer, or word of the person complained of.

h. Education or training-related sexual harassment Is committed against

one who is under the actual or constructive care, custody or supervision of the
offender, or against one whose education, training, apprenticeship, internship or
tutorship is directly or constructively entrusted to. or Is provided by the offender,
when

1) Submission to or rejection of the act or series of acts as a basis

for any decision affecting the complainant, including, but not limited to, the giving of
a grade, the granting of honors, or a scholarship, the payment of a stipend or
allowance, or the giving of any benefit, privilege or consideration: or

2) The act or series of acts have the purpose or effect of interfering

with tho performance, creating an intimidating, hostile or offensive acadomk
environment of the complainant; or
•
3) The act or senes of acts might reasonably expected to cause
discrimination, insecurity, discomfort, offense or humiliation to a complainant who
may bo a tranoo apprentice, intern, tutoree or ward of the person complained of

6. FORMS ANO ACTS OF SEXUAL HARASSMENT:

B. Physical
1) Mahoous Touching;
2) Overt sexual advanoes

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3) Gesture with lewd Insinuation.

b Verbal such as but not limited to, request or demands for sexual
favors, and lurid remarks.

c. Use of objects, pictures or graphic*. letters or writing notes with sexual

underpinnings; and

d. Other forms analogous to tho foregoing.

7. CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT;

a. Grave offenses shall include, but not limited to:

1) Unwanted touching of pnvate parts of the body (genitalia
buttocks and breast, inner thighs);
2) Sexual assault;
3) Malicious touching;
4) Requesting for sexual favorin exchange for employment,
promotion, local or foroign travois, favorableworking conditions or assignments
passing grade, the granting of honors or scholarship, or the grant of benefits or
payment of a stipend or allowance;
5) Performing perverted ads in front of other person:
6) Deliberate touching of ones pnvate parts causing
embarrassment and humiliation to a person;
7) Brushing one's private parts (genitalia, breast) against the body
of any person; and
8) Other analogous cases

b. Leas Grave Offenses shall include, but are not limited to:
1) Unwanted touching or brushing against a victim's body;
2) Pinching not falling under grave offenses;
3) Derogatory or degrading remarks or innuendos directed toward
the members of one sex. or one’s sexual orientation or used to describe a person;
4) Verbal abuse with sexual overtones, and
5) Other analogous cases.

c. Light Offense shall include, but not limited to:

1) Surreptitiously looking or starting to a look of a person's private
part or worn undergarments;
2) Telling sexist/smutty jokes or sending these through text,
electronic mail or other similar means, causing embarrassmont or offense and
earned out after the offender has been advised that they are offensive or
embarrassing or. even without such advice, when they aro by their nature clearly
embarrassing, offensive or vulgar.
3) Maltoous leenng or ogling.
4) The display of sexually offensive pictures, materials or graffiti;
5) Unwelcome inquiries or comment* about person s sox Ufa;
8) Unwelcome sexual flirtation, advances or propositions.
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7) Making offensive hand and body gestures at an employee,

8) Porslstont unwanted attention without sexual overtones:
9) Unwelcome phone calls with sexual ovortonos causing
disoomfort. embarrassment, offense or Insult to the receiver and
10) Other analogous cases

8. COMMITTEE ON DECORUM AND INVESTIGATION:

a. A Committee on Decorum and Investigation (CODI) shall be created

which shall perform the following functions;

1) Receive complaints of sexual harassment;

2) Investigate sexual harassment complaints m accordance with
the prescribed procedure:
3) Submit report of its findings with th® corresponding
recommendation to the Flag Offioer In Command, PN;
4) Recommend to FOIC, PN for reassignment to RSPN or placo
on preventive suspension the respondent white the case is being investigated. The
recommendation for roassignmont or preventive suspension is in order to
lamporanly remove the respondent from the scene of misfeasanoe or malfeasance
and to prod□ do the possibility of exerting undue Influence or pressure on the
witnesses or tampering of documentary or object evidence.

b. The CODI shal be oomposed of the following.

Deputy Chief. OESPA-PN • Chairperson

Deputy Naval Provost Marshal - Vics-Oaxpsrscn
Deputy Naval Inspector General - Member
Daputy Naval Judge Advocate - Member
Chief. ClB. N2 - Member
Command. Master Chief Petty Offtcor. PN • Member
Chief. CRDO PN - Member
Chief. IIB. OESPA PN • - Hoad
Secretariat

c. Chiof. CRDO/Level 1 position will sit as member of CODI when the

complainant or respondent is Civilian Employoo of PN.

d. Automatic dismember as CODI. if he/she is allegedly Involve on Sexual

Harassment case

9. PROCEDURE.

a Complaint

1) The complainant or offended party shall file a written complaint

with OESPA. PN or Commander/Head of PN Units Upon receipt of the complaint,
the tamo shall be transmitted to the CODI

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2) The complaint must be in wribng, signed and sworn to by the

oomplainant. II shall contain the following.

a) The full name and address of the oomplanant,

b) The full name, address, and other information that will
establish the ideality of the respondent;
c) A brief statement of the relevant facts or nanrativo of
events;
d) Evidence, in support of the complaint, if any:
e) A certification against non-forum shopping.

3) In the absence of any one of the aforementioned requirements.

the complaint shall be dismissed without prejudice to its refilling.

4) Where the oomplaint is not under oath, the oomplainant shall be

summoned by the CODI to swear to the truth of the allegations in the complaint.

5) Complaints sent by Short Messaging Service (SMS), electronic

mail or similar means of communication shall be considered non filed unless the
complainant shall comply with the requirements provided In paragraph 7.a. 2 with tn
ten (10) days from receipt of the notice for compliance without prejudice to refile the
requirements

6) Withdrawal of the oomplaint at any stage of the proceedings

shall not preclude the Committee from proceeding with the Investigation where there
is obvious truth or ment to the allegations in the complaint or where there is
documentary or direct ovidonco that can provo the guilt of the person complained of.

a Action on the Complaint - Upon receipt of a complaint

that Is sufficient In form and substance, the CODI shall require the person
complained of to submit a Counter-AffidavrVComment under oath within five working
(5) days from receipt of the notice, furnishing a copy thoreof to the complainant,
otherwise the Counter-AffidaviUComment shall be oonsiderod not filod.

b. Preliminary Investigation - A preliminary investigation

shall be conducted by the CODI. The investigation involves the ex parte evaluation
of documents submitted by the complainant and the person complained of. as well
as the documents readily available. The Committee may conduct danficatory
meeting with the parties to discuss lhe merits of the case. The proceedings before
(he CODI shall be held under slnct confidentiality

c. Duration of the Investigation - A preliminary investigation

shall commence not later than five (5) days from receipt of the complaint by the
CODI and shall be terminated within fifteen (15) working days from receipt of too
respondent's Counter-Affidavit/Comments.

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d. Investigation Report - Within ten (10) working days from

the termination of the preliminary Investigation, the CODI shal submit the
Investigation Report and the complete records of the case to tho FOIC, PN (Via
CNS and VCOM, PN).

e. Recommendation In the Investigation Report -

depending upon the rank of the person complained of. and tho classification of the
sexual harassment committed. CO DI may recommend to the FOIC. PN the
following

1) When an Officer committed grave offense -

referral of the case before the Philippine Navy General Court-Martial or Philippine
Navy Efficiency and Separation Board Should the COO I recommend referral to
PNGCM. FOIC, PN shall forward the case reoord to TNJA for the conduct of Pro­
Trial Investigation in accordance with Article of War 71 and Section 35(a) of the
Manual for Courts Martial. Otherwise, recommend transmittal of the case to the
Chairman. PNESB for Trial In accordanco with tho provision of Executive Order No
337 and its Implementing Rules and Regulations.

2) When an Enlisted Personnel committed grave

offense - referral of the case before the Philippine Navy General Court-Martial or
recommend imposition of penalty in Accordance with Circular 17. GHO. AFP dtd 02
October 1987

3) When an Officer or Enlisted Personnel committed

less grave or light offenses - imposition of penalty should be in accordance with the
provisions of AW 105 of the Articles of War taking into consxterabon the
recommended penalties In Annex B hereof However, commission of grave offonso
and light offense for second (2r0 ) and third (3"c*> times, respectively, shall be a
ground to recommend for trial before the PNESB (for officer) or disposition through
Circular 17. GHQ. AFP dtd 02 October 1987 (for ertistod personnel)

4) When a Civilian Employee committed grave

offense, less grave or light offense - issuance of Formal Charge and the conduct of
Formal Investigation. The conduct of Formal Investigation of Civilian Employee shall
be in accordance with ANNEX A’ hereof. If found guilty, the penaly should be In
accordance with the RACCS
In the absence of a prima facie case, the COO shall
recommend to FOIC. PN that the oomplaint will be dismissed.

f. TJA or Prosecutor • Upon referral to tho PNGCM or

PNESB. the case shall be handled by a Trial Judge Advocate and Prosecutor,
respectively, who shall bo of tho samo gondor as tho complana nt

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g Any counsel who is a member of the Integrated Bar of

the Philippines (IBP) appearing before any hoanng or investigation shal manifest
orally or in writing, his/her appearance, stating his/her full name and complete
address, which should not be a P.O box address, where he/she can be served with
nolioeb and other pleadings. Professional Tax Receipts number. Attorney s roll
number. Mandatory Continuing Loqal Education compliance certificate and IBP dues
rocoipt numbor. A lawyor.'counsai who works tor the government is required to
present an Authority to Practice Profession from his/her agency head or the agency
head's authorized representative

In the Formal Investigation of a civilian respondent, private

prosecutor may be allowed to appear provided that the public prosecutor shall have
direct control and supervision over tho private prosecutor

h. Notice of decision shall be furnished m wntng to the

complainant within five (5) days after the decision has been rendered.

I. Tho oompialnant maybe required to undergo professional

counseling at any bme during the duration of (ho mvestigatlonArlal as maybe
deemed necessary by the competent authority

10. RESPONSIBILITY

a Naval Inspector General

1) TNIG shall conduct a survey among the poreonnol of an

inspected unit to determine compliance with this directive dunng the conduct of
Annual General Inspection (AGI).

2) Submit a report to FOIC, PN if there are findings fallowing the

conduct of an AGI in a PN unit which indicates that cithor tt has boon remiss in the
implementation of this directive or there are significant incidents of sexual
harassment based on survey result

b Deputy Chief, Office of Ethical Standards and Public

Accountability.

1) Receive complaints then forward the wme to CODI for the

conduct of Preliminary Investigation

2) Establish a 'hotline* using appropriate technology, which allows

PN personnel to communicate their complaint immediately. For this purpose. OESPA
shal advise the offended party of the necessary steps in the filing of a case of sexual
harassment against any personnel and will task appropriate unit and/or office to
validate the information
3) In coordination wth TNPM, develop an advocacy campaign to
create awareness among PN personnel on tho issuo of sexual harassment and
provide information on the sanctions to be meted m such cases

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4) Maintain a sex offender'& ksf based on directs reports from

complainants, formal complain! filed before friorr office, or derogatory reports culled
and submitted by N2 The said list shall bo stored In database system beino
maintained by NICTC

5) Program for the oonduct of training for personnel involved in

investigating sexual harassment and other cases involving sexually-related offenses

6) Monitor the progress of the Sexual Harassment cases being

investigated by CODI, and those that were referred to PNGCM and PNESB for trial

7) Coordinate with concerned Staff In order to como up a

procedure for the prompt and expeditious resolution sexual harassment cases.

c. Naval Provost Marshall:

Assist Chlof, OESPA, PN In the development of an advocacy

campaign to create awareness Among PN personnel on the issue of soxual
harassment and provide information on the sanctions to be meted in such cases

d. Naval Judge Advocate.

1) Review and re-evaluate the Investigation Report of the CODI to

determine if the recommendations are in accordance with the facte and law.

2) Designate Pro-Trial Investigation Officer who shall conduct

Investigation In accordance with Article of War 71 and Section 35(a) of the Manual
for Courts-Martial.

q Assistant Chief of Naval Staff for Intelligence. N2

Assist the Deputy OESPA-PN in the maintenance of a ‘sax offender

list’ through the conduct of an independent investigation.

f. Commander, NPMC;

Holding station under RSPN of all respondents of Sexual harassment

complainL

g. Commander, NICTC:

As system managor, develop, operate and maintain under IPMS data

base system of Sex Offenders List of Soxual harassment as repository record

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h. Commander of PN Unite:

1) Commander of PN Units must ensure the proper Implementation

of this directive within their command Ho shall be liable under the doctrine of
command responsibiiy wtion thoy are proporly informed of offenses and no
immediate action was taken thereon.

2) Conduct appropriate advocacy programs to prevent or deter the

commission of acts of sexual harassment in their respective units/offices

3) Conduct of meetings among uniformed and civilian personnel to

Increase understanding and prevent incidents of sexual harassment

4) Transmit to the CODI cumplant of sexual harassment for

appropriate action.

5) Establish a Grievance Committee to handte cases of sexual

harassment against female personnel. Said committee shall be under the
supervision of the Chief ESPA of a uni: chaired preferably by the most senior
ranking female officer in a uni; and. with representatives from the officers, enhstod
personnel and civilian emptoyees as members.

6) Ensure that the complainant is properly counseled on tho

meaning and the seriousness of the complainant and advise same of the
confidentiality of his/her complaint.

11. EFFECTlVrTY: This directive shAll take effect upon publication.

12. RESCISSION: AU other pollcles/d tractive* which are deemed in conflict with
this dircctivo arc hereby rcsandod.

BY COMMAND OF VICE ADMIRAL EMPEDRAD:

OFFICIAL: ERICK A KAGAOAN

Rear Admiral AFP
Chief of Naval Staff

DISTRIBUTION:
-A’

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Annexes:

Annex A - Rules in the Conduct of Formal Investigation on Sexual Harassment

Case of Civilian Employee In the Philippine Navy

Annex B - Graduated Penalties for Sexual Harassmont

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ANNEX“A”

RULES IN THE CONDUCT OF FORMAL INVESTIGATION ON SEXUAL

HARASSMENT CASE OF CIVILIAN EMPLOYEE IN THE PHILIPPINE NAVY

1. Formal Charge

1.1. After a finding by CODI of a prima facio case, FOIC, PN through the
duly designated Prosecutor shall formally charge the person complained of.

12. Tho Formal Charge (Appendix 1) shall contain the folowing:

a. specification of the chargefs),

b a brief statement of material or relevant tacts, accompanied by
certified truo copies of tho documentary evidence. if any. sworn statement covering
the testimony of witnesses:
c. a directive fo answer the charge(s) in writing under oath in not
less than seventy-two (72) hours from receipt thereof.
d an advice for the respondent to indicate tho Answer whether or
not he/she elects a formal investigation of the charge^), and
e. a noboo of entitlement to be assisted by a counsel of hi&her
choice.

2. Answer - The answer which must be in writing and under oath, shall be
specific and shall oontam material facts and applicable laws. If any, including
documentary evidence, sworn statements oovenng testimonies of witnesses if there
is any. in support of respondents case ft shall also Include a statement Indicating
whether or not the respondent elects for formal investigation.

3. Failure to File an Answer - If the respondent fails or refuses to file answer to

the formal charge wthin soventy-two (72) hours from receipt thereof, without
justifiable cause, hc/sho shall be considered to have waive his right thereto and
formal investigation may oommence

4. Prohibited Pleadings - Tho CODI shall not entertain the following:

a. request for clarification;
b. bill of particulars;
c. motion to dismiss: and
d. motion for extension of timo to file answer

The same shall be noted without action and attachod to the records of the case.

6 Conduct of Formal Investigation

6.1. Although the respondent docs not request a formal mvesbgabon. one
shall nevertheless be conducted by the CODI if ft deems such investigation as
necessary to decide the case judiciously.

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5.2 The formal investigation shall be held not earlier than five (6) days nor
later than ten (10) days from reoeipt of tho respondent s answer The 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 FOIC, PN In meritorious
casos.

6 Pre-hsanng Conference

6.1. At the commencement of the formal investigation, CODI 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 markings of evidence of the parties:
d waiver of objections to admissibility of evidence.
o limiting the number of witnesses, and their namos;
f. dates of subsequent hearings; And
g. such other matter as may aid in the prompt and just resolution of the
case.

6 2. lhe parties may submit position paper/momorands and submit the

case for resolution based on the result of the pre-hearing conference without any
need for further hearing.

7. Continuous Hearing Until Terminated; Postponement

7.1. Hearings shall be conducted on the hearing dales set by the CODI or
as agreed upon during a pre-hearing conference.

7.2. Whore no pre-hearing conference is conducted, the parties, their

counsels and witnesses, If any, shall be given a notico of at. least five (5) days before
the first scheduled boarlog specifying the time, date and place of the said hoaring
and subsequent hearings Thereafter, the schedule of hearings previously set shall
bo strictly followed without further notice. A party shall bo granted only three (3)
postponements upon oral or written requests A further postponement may be
granted only upon writton request and subject to the discretion of the CODI.

7.3. If the respondent fells to appear during tho scheduled hearings despite
due notice, the investigation shall proceed ox-parte and tho respondent is deemed to
have waived his right to bo present and Io submit evidence In his favor during thoso
hearings.
4
8. Preliminary Matters

8.1. At the start of the hearing. CODI shall note the appearances of the
parties end shall proceed with the reception of evidence for tho oomplainant.

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Para Dir Nr 01 HPN dtd 24 May 18 confn

11. Records ol Proceedings • The proceedings of the formal investigation must

be recordod either through shorthand or stenotype or by any othor method.

12. Effect of the Pendency of an Administrative Case - The pendency of any

administrative case shall not disqualify the respondent for promotion or from
claiming malemky/patemity benefits For this purpose, an administrative case shall
be construed as pending when the disciplining authority has approved the Issuance
of a formal charge

13. Formal Investigation Report Within frftoon (15) days after the case has been
submitted for resolution, a report containing a narration of the material facts
established during the investigation, the findings and the evidence supporting said
findings, as wdl as the recommendation, shall be submitted by tho Committee on
Decorum and Investigation to the disciplining authority. The oompieto records of the
case shall be attached to the Report of Investigation.

14. Finality of tho Decisions

14.1. A decision rendered by FOIC. PN where the penalty of reprimand, or

suspension for not more than thirty (30) days or a fine in an amount not exceeding
thirty (30) days of salary imposed, shall not bo appealable. It shall bo final and
executor unless a motion for reconsideration Is soasonable filed. However, the
respondent may file an appeal or petition tor review with the Civil Service
Commission when tho issue raised Is violation of due process.

14.2. If the penalty imposed is suspension exceeding thirty (30) days or e

fine exceeding thirty (30) days salary . the same shall bo final and executor after the
lapse of the reglementary period for fling a motion for reconsideration or an appeal
and no such pleasing has been fled

15. Filing of Metlon for Reconsideration

15.1. The party adversely affected by the decision may file a motion tor
reconsideration with disciplining authority who rendered the dodston within fifteen
(15) days from receipt thereof.

15 2. A motion for reconsideration shall be deemed filed on the date

stamped on the official copy by the proper receiving authority, and in case it was
sent by mail, on tho date shown by the postmark on the envelope which shall be
attached Io the records of the case.

15.3. The motion for reconsideration shall be based on any of the folowing:
a. New evidence has been discovered which materially affects
the decision rendered; or
b. Tho docision Is not support by the evidence on record, or
c. Errors of law irregularities have been committed prejudicial to
the interest of the movant

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 BESIB1EIE2
Pon Dlr Nr 01 HPN dtd 24 May 1$ CQnf n

8.2. if the respondent appears without aid of a counsel, he/sha shall be

deemed to have waived his/her nght to counsol.

8 3. Before taking the testimony of a witness. CODI shall place him under
oath and then lake his/her name, address, civil states, age. and place of
employment.

9. Ordor of Hearing

9.1. Unless the CODI directs otherwise, the Order of hearing shall bo as
follows:

a. The complainant shal present ovidanco in support of the

charge.
b Formal offer of evidence by the complainant;
a The respondent shall then offer evidence in support of his/hor
defense,
d. Formal offor of ovidenco by tho respondent;
G. Tha complainant may then offer rebuttal evidence, and the
respondent, sur-rebuttal evidence.*
f. Formal offer of the complainant and respondent's rebuttal
evidence.

9.2. Every witness may bo examined in the following order

a. Direct examination by the proponent.

b Cross-examination by the opponent.
c. Re-direct by the proponent;
d Re-cross examination by the opponent.
♦
9.3. A sworn statement of a witness properly identified and affirmed by the
witness before the CODI shall constitute his/her direct testimony.

9 4. After the parties have rested their case, they shall be given time to
submit their respective memorandum, which in no case shad be beyond fifteen (15)
days after the termination ot the investigation. Failure to submit the memorandum
within the given period shall be considered a waiver thereof.

10. Subpoena

10.1. If the party desires the attendance of a witness or the production of

document or things, he/she shall make request for the issuance of the necessary
subpoena, at least three (3) days before the scheduled heanng.

10.2. The CODI may issue subpoena ad testificandum to compel the

attendance of the witness and subpoena duces tecum lor the production of
documents or objects
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 BESIB.ICTED

hff Dir Nr 01 HPN did 24 May 18 confn

15 4. Only one motion for reconsideration shall be entertained.

15.5. The filing of a motion for reconsideration within the reglementary

pedod of fifteen (15) days shall stay the execution of the decision sought to be
reconsidered.

16 Filing of Appeals

18.1. In case the decision rendered by FOiC. PN is appealable to the Civil

Sorvica Commission, the same shall be nitiaBy appealed to Secretary of National
Defense (SND) and finally to the Commission Proper. Pending appoal, the same
shall be executory except whara th a penalty is removal, in which caso the same
shall be executory only after confirmation by SND.

16.2. A notico of appeal Including the appeal memorandum shall be filed

with the appellate authority Copy furnished the FDIC, PN. The latter shall submit
the reoords of the case, which shall by systematically and chronologically arranged,
paged and securely bound to prevent loss with its comment, within fifteen (15) days
to the appellate authority

16.3. An appeal sent by mail shall be deemed filed on tha date shown by the
postmark on the envelope which shall be attached to tho rooords of tha case and in
tha case of personal delivery, the date stamped thereon by tho proper office

16.4 An appeal shall not stop the decision from being executory, and In
case the penalty Is suspension or removal, the respondent shall be considered as
having been under preventive suspension during the pendency of the appeal. In the
event he/sha wins the appeal

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Pers Pir Nr 01 HPN did 24 May 18 cont'n

ANNEX"B”
GRADUATED PENALTIES FOR SEXUAL HARRASMENT
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P«rt Dlr Nr 01 HPN aw M Miv n confn

MANNER OF IMPOSITION:
When applicable. the imposition of tbo penalty shal be made in accordance
with the manner provided herein below
a. The mnrmum of the penalty shall be imposed sMiere only mtegat ng
and no aggravating crcumstances are present.
b The medmm of the ponaty shall be Imposed where no mitigating and
aggravating circumstances are present
c. The maxmum penalty shal be imposed where only aggravating and no
mitigating c*rcumstances are present
Where aggravating and mitigating circumstances are present, paragraph (a)
shall be applied when thorp are more miiloatinQ preum stances present
Paragraph (b) shal be appHed whon the crcumstances equally offset each
other.
Paragraph (c) shall be applied when there are rrxxo aggravating
circumstances

MITIGATING AND AGGRAVATING CIRCUMSTANCES

Except for offensos punishable by dismissal from the service, the following
may be appreciated as either mitigating or aggravating circumstances n the
determination of penaRjes to be Imposed.
« Time and place of offense

• Taking undue advantage of official position

• Taking undue advantage of subordinate

• Undue disetosuro of confidential Information

• Ha b<teal ity

• Offonse is committed dumg office hours and within the

premises of the office or building

• First offense

• Length of Service

• Other analogous circumstances

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