Revised Administrative

Disciplinary Rules on
Sexual Harassment Cases
CSC RESOLUTION NO. 2100064 DATED JANUARY 20, 2021
 LEGAL BASES:

 1987 Constitution, Administrative Code of 1987

(EO 292), RA 6713
 Anti-Sexual Harassment Act of 1995 (Republic Act
7877) and its IRR
 Safe Spaces Act (Republic Act No. 11313) and its IRR
 Sec. 4 Definition of Terms
SEXUAL HARRASSMENT IN THE WORKPLACE includes the
following:

i. an act or series of acts involving any unwelcome sexual advances

or request or demand for sexual favors or any act of sexual nature,

whether done verbally, physically, or through the use of technology

such as text messaging or electronic mail or through any forms of
information and communication systems that has or could have a
detrimental effect on the conditions of an individual’s employment
or education, job performance or opportunities
Sec. 4 Definition of Terms

ii. A conduct of sexual nature affecting the dignity of a person, which is

unwelcome, unreasonable and offensive to the recipient, whether done
verbally, physically or through the use of technology such as text
messaging or electronic mail or through any other forms of information
and communication systems.

iii. A conduct that is unwelcome and pervasive and creates an

intimidating, hostile or humiliating environment for the recipient.

Sexual harassment in the workplace may also be committed by a government

employee or official in a work-related environment of the person complained
of, against any person regardless of the motive for committing such action or
remarks, between peers, and by a subordinate to a superior officer.
Sec. 4 Definition of Terms

SEXUAL HARASSMENT IN STREETS AND PUBLIC SPACES is

committed through any unwanted and uninvited sexual actions or
remarks against any person regardless of the motive for
committing such action or remarks.

Performed in buildings, schools, churches, restaurants, malls,

public washrooms, bars, internet shops, public markets,
transportation terminals or public utility vehicles.
Sec. 4 Definition of Terms

SEXUAL HARASSMENT IN STREETS AND PUBLIC SPACES includes:

 catcalling, wolf-whistling, unwanted invitations, misogynistic,
transphobic and sexist slurs
 persistent uninvited comments or gestures on a persons
appearances request for personal details
 statement of sexual comments and suggestions
 public masturbation or flashing of private parts
 Groping
 or any advances, whether verbal or 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.
Sec. 4 Definition of Terms

ONLINE SEXUAL HARRASMENT refers to:

Gender-based online sexual harassment may be committed

through an online conduct targeted at a particular person that
causes or likely to cause mental, emotional or psychological
distress, and fear for personal safety, sexual harassment acts
including unwanted sexual remarks and comments, threats,
uploading or sharing of one’s photos without consent, video and
audio recordings, cyberstalking and online identity theft.
Sec. 4 Definition of Terms
ONLINE SEXUAL HARRASMENT
Includes:
 acts that use information and communication technology in
terrorizing and intimidating victims through physical,
psychological, and emotional threats,
 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,
Sec. 4 Definition of Terms
ONLINE SEXUAL HARRASMENT

Includes:
 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 the victims to harm their reputation,
 or filing false abuse reports to online platforms to
silence victims
Section 14 (a). Filing of Complaint

In sexual harassment cases, the complaint shall be filed

with the Committee on Decorum and Investigation (CODI)
which shall be created in all national or local agencies of
the government, state/local colleges and universities
including government-owned or controlled corporations
with original charters
Section 14 (b) Composition of CODI

Head : Woman
Members: Not less than half shall be women
A. Workplaces
• At least 1 representative each from:
management
supervisory rank
rank and file
union/s or employees association, if any
Section 14 (b) Composition

• B. Educational and Training Institutions

• At least 1 representative each from:
School administration
Trainers, faculty members or instructors/professors/coaches
Students or trainees, as deemed appropriate
Section 14 (b) Composition

• Designation of permanent alternates

In the absence of the regular member

 Inhibition of the member
- When there is conflict of interest, manifest partiality
and other reasonable grounds
 When the member is either the complainant or
person complained of
Section 14 (b) Term of Office

The agency may formulate its own rules governing the term of office
of its members which should not be more than 2 years, and other
matters pertaining to the functions of the Committee not otherwise
provided by the Rules

Failure to create a CODI – Neglect of Duty

Section 15. Jurisdiction of the
CSC
• Original jurisdiction – Agency of the offender

What if the complaint is filed with the CSC, how shall the CSC
act on the complaint?

The complaint shall be remanded to the agency where the

offender is employed.
Section 15. Jurisdiction of the CSC
Instances when CSC may taken cognizance of SH complaints:

a. The agency has no CODI

b. The disciplining authority is the subject of the complaint
Presidential appointee Proper disciplining
Elective official authority

c. The subject of the complaint is a CODI member

d. There is unreasonable delay in complying with the periods provided
in the Rules for the investigation and adjudication of a SH complaint
Sec 16. Withdrawal of the complaint

• Does not result in its outright dismissal or

• Discharge the person complained of from any

administrative liability
1. Receive complaints of sexual harassment

2. Investigate sexual harassment complaints including

preliminary investigation in accordance with prescribed
procedure

3. Within 10 days from the termination of the conduct of the

investigation, submit a report of its findings with the
corresponding recommendation to the disciplining authority
for decision
 Section 17. Duties of the CODI
4. Ensure the protection of the complainant from retaliation. It shall also
guarantee gender-sensitive handling of cases, and confidentiality of the
identity of the parties and the proceedings to the greatest extent
possible.
5. Ensure that the respondent is given the opportunity to be properly
notified of and respond to the charge/s and that parties are given
information on the hearings and its outcomes

6. Lead in the conduct of discussions about sexual harassment

within the agency to increase understanding and prevent incidents
of sexual harassment
 GRAVE

Acts of LESS
SH GRAVE

LIGHT
1. Unwanted touching of private parts
of the body (inner thighs, genitalia,
buttocks and breast)

2. Sexual Assault

3. Malicious touching
4. Requesting sexual favor in exchange for
employment, promotion, local or foreign
travel, favorable working conditions or
assignments, a passing grade, granting of
honors or scholarship, or the grant of
benefits or payment of a stipend or
allowances.

5. Other analogous cases

1. Unwanted touching or
brushing against a victim’s body

2. Pinching not falling under

grave offenses
3. Derogatory or degrading remarks or
innuendoes directed towards the members
of one sex or one’s sexual orientation or
used to describe a person

4. Verbal abuse with sexual overtones

5. Other analogous cases

JOSE ROMEO C. ESCANDOR vs. People of the Philippines G.R. No. 211962 dated July
6, 2020

At the core of sexual harassment in the workplace is power exercised

by a superior over a subordinate. The power emanates from how the
superior can remove or disadvantage the subordinate should the latter
refuse the superior's sexual advances. Thus, sexual harassment is
committed when the sexual favor is made as a condition in the hiring
of the victim or the grant of benefits thereto; or when the sexual act
results in an intimidating, hostile, or offensive environment for the
employee
Unwanted touching or brushing against a victim’s
body/Derogatory or degrading remarks or innuendoes as
Less Grave Offense

Atty. Jacinto Morales vs. Atty. Maila Clemen Soriano G.R. No. 175433,
March 11, 2015

Complainant is Atty. III and respondent is the Chief of LSD.

Respondent invited complainant, along with her officemates, to eat lunch.

While seated at the table waiting for their food to be served, respondent
suddenly took hold of complainant's face and forcefully kissed her lips in the
presence of their officemates and other customers. Complainant tried to
ward off respondent by pulling her head away from him, but he persisted on
kissing her against her will. After releasing her, petitioner said: “Ang sarap
pala ng labi ni Maila...” Then, he held her hand and said “Maila sige na...”
Unwanted touching or brushing against a victim’s
body/Derogatory or degrading remarks or innuendoes
as Less Grave Offense
Atty. Jacinto Morales vs. Atty. Maila Clemen Soriano G.R. No. 175433, March 11, 2015

In another incident, respondent called her in his office and scolded her and uttered
the following unsavory remarks:

Eh ayoko na sa iyo. Hindi mo sinabi sa akin na may anak ka! Nasaan na ang tatay ng
anak mo? Wala na? Ano pang hindi mo sinasabi sa akin, may boyfriend ka? Akala ko
pa naman ok ka, kaya nga sinabihan kita dati na sumabay ka sa akin! Ang daming
nagrereklamo sa iyo dito. Hindi ka marunong makisama. Makisama ka naman! Paano
na kung alisin ka dito, makakabalik ka pa ba sa dati mong opisina? Eh ayoko talaga sa
iyo dito. Ano? Do you have a choice? Alam mo ba na ako ang nagrekomenda kay Eva
diyan sa Admin. kay Chairman. Kaya ka nakapasok dito dahil pakiusap ka lang [ni] Eva
sa akin. Alam mo bang nakasalalay dito and posisyon mo dito? Alam mo bang kung
ano mo ako dito? Ha? Ano mo ako dito? xxx Ano ngayon ang gagawin natin eh ayoko
nga sa iyo? Anong gagawin natin ngayon?
Unwanted touching or brushing against a victim’s
body/Derogatory or degrading remarks or innuendoes as
Less Grave Offense

The Court finds that the sexual harassment offense petitioner

committed falls under less grave offenses which is analogous to
"unwanted touching or brushing against a victim’s body", and to
"derogatory or degrading remarks or innuendoes directed toward
the members of one sex", with the corresponding maximum penalty
of six (6) months suspension without pay.
Unwelcome Remarks

Padilla, Regional Training Officer, PhilPost, filed a complaint

against Maralli, acting Regional Director, same office, for his
remarks “I am a helicopter and I want you to be my helipad”
and “I am sexually active because I have oily skin and shiny
hair.”

Maralli was found guilty of less grave of SH. The unwelcome

remarks and insinuations of Director Maralli are sexual and
caused insecurity, discomfort, and humiliation to Padilla
constituting the offense of Sexual Harassment. It also created
intimidating, hostile and offensive work environment on the
part of Padilla. Maralli, Getulio A. CSC Resolution No. 07-0086,
January 15, 2007 and CSC Resolution No. 09-0151 dated
february 3, 2009
1. Surreptitiously looking or stealing a look at a
person’s private parts or worn
undergarments.

2. Telling sexist or smutty jokes or sending it

through text or e-mail or other similar means
causing embarrassment or offense
3. Malicious leering or ogling

4. The display of sexually pictures,

offensive materials or graffiti

5.Unwelcome sexual flirtation, advances,

propositions
7. Making offensive hand or body gestures

8. Persistent unwanted attention with sexual overtones

9. Unwelcome phone calls with sexual overtones

causing discomfort, embarrassment, offense or
insult to the reciver

10. Other analogous circumstances

1. Public masturbation or flashing of private parts

2. Groping

3. Any advances, whether verbal or physical, that is

unwanted and has threatened one’s sense of personal
space and physical safety and committed in public
places
 Less Grave Offenses
1. Unwanted invitations

2. misogynistic, transphobic, and sexist slurs

3. Persistent uninvited comments or gestures
on a person’s appearances

4. Relentless request for personal details

5. Making statements, comments, suggestions with sexual

inuendos
1. Catcalling or wolf-whistling
1. Uploading and sharing, without the consent of
the victim, any form of media that contains
photos, or videos with sexual content

2. Unauthorized recording and sharing online

of any of the victim’s photos, videos or any
information of sexual content
3. Impersonating identities of victims to harm their
reputation

4. Filing false abuse reports to online platforms to

silence victims of sexual harassment
 Less Grave Offenses
1. Using information and communication technology in
terrorizing and intimidating victims through physical,
psychological, and emotional threats with sexual overtones
1. Unwanted sexual misogynistic, transphobic,
homophobic and sexist remarks and comments
online whether publicly or through comments
online whether publicly or through direct and
private messages

2. Invasion of victim’s privacy through cyberstalking

and incessant messaging
IV. a. WORK-RELATED SEXUAL
HARRASSMENT
1. Submission to or rejection of the act or series of acts is used as a basis for any
employment decision (including, but not limited to, matters related to hiring,
promotion, raise in salary, job security, benefits and any other human resource
action) affecting the applicant/employee
2. The act or series of acts have the purpose or effect of interfering with the
complainant’s work performance, or creating an intimidating, hostile or
offensive work environment;
3. The acts or series of acts might reasonably be expected to cause
discrimination, insecurity, discomfort, offense or humiliation to the
complainant who may be a co-employee, client, customer, or ward.
YOLANDA FLORALDE, et al. Vs. Paulino Resma
G.R. No. 123048. August 8, 2000

Respondent Paulino Resma is Officer-In-Charge of Agricultural Training

Institute (ATI), Department of Agriculture. Complainants are rank and file
employees reporting to respondent, and their Daily Time Records (DTRs)
were signed by him.

Yolanda Floralde alleged that:

Respondent grabbed and mashed (pinisil-pisil) her butt

Respondent would oftentimes tell her that "nakakagigil ang batok mo, "
and "masuwerte ka type kita, yung iba may gusto sa akin di ko type.”

Respondent would also pinch her at her side close to her bust and
when they met at the corridors respondent would make a motion as
though he would embrace her.
YOLANDA FLORALDE, et al. Vs. Paulino Resma
G.R. No. 123048. August 8, 2000

Nida Velasco on the other hand testified that:

Respondent embraced her and touched her breasts, and kissed her on the mouth.

That respondent threatened not to renew her casual appointment if she will
report him

That respondent would often comment that “ … fresh na fresh ka pa"

That one time she was watching a volleyball game when she felt someone touched her
buttocks, when she looked back it was respondent Resma, and the latter said
"nakakagigil ka "
YOLANDA FLORALDE, et al. Vs. Paulino Resma
G.R. No. 123048. August 8, 2000

Normelita Alhambra on her part testified that:

Respondent Resma suddenly approached her and embraced her and

grabbed her breasts

That every time she fills her glass with water in the bathroom, respondent
would follow and grabbed her butt telling her that he likes big butts

Respondent's defense is that the complaints were instigated by a certain Atty.

Ola, who was his rival for promotion. The defense alleged that the three
complaining petitioners were all convinced by Atty. Ola to file charges against
respondent Resma so that he would be out of contention for promotion.
YOLANDA FLORALDE, et al. Vs. Paulino Resma
G.R. No. 123048. August 8, 2000

Guilty. All three women would not prevaricate at the mere urging of
Atty. Ola. Filing a charge for sexual harassment is not a trivial matter.
It entails having to go public with an incident that one is trying to
forget. It means opening oneself to public ridicule and scrutiny. We,
therefore, can not believe the version of the defense that the charges
were all fabricated.

Sexual harassment in the workplace is not about a man taking

advantage of a woman by reason of sexual desire; it is about power
being exercised by a superior officer over his women subordinates. The
power emanates from the fact that the superior can remove the
subordinate from his workplace if the latter would refuse his amorous
advances.
Ma. Lourdes Domingo vs. Rogelio Rayala, G.R.
No. 155831, February 18, 2008
Complainant is a Stenographer in NLRC while respondent is the Chairman of
NLRC

Complainant alleged that:

- Rayala started with whispering “gumaganda ka yata?

-Respondent would put his hands on complainant’s shoulder and squeezed it

while she was typing or taking dictations

-He called her to his Office and asked personal questions. He even
gave money to Domingo.
 -Rayala asked Domingo “may ka-live in ka na ba? When she
said no, he said “Bakit malaki ang balakang mo?

- While complainant was taking down Rayala’s dictation, he

approached her, put his hands on her shoulders, squeezed it then he
ran his fingers on her neck up to her ears and tickled it. Complainant
removed respondent’s hand and told Rayala “Sir, yung kamay niyo
alisin niyo”
After the last incident, Domingo filed for leave of absence and
asked to be immediately transferred.

Argument of Respondent:

Complainant failed to establish that respondent requested or

demanded for sexual favor in exchange for her continued
employment or for her promotion
Ruling:
Respondent is guilty. It is not necessary that the demand or
request or requirement of a sexual favor be articulated in a
categorical oral or written statement. It may be discerned, with
equal certitude, from the acts of the offender.

It is not essential that the demand, request or requirement be

made as a condition for continued employment or for
promotion to a higher position. It is enough that the
respondents acts result in creating an intimidating, hostile or
offensive environment for the employee.
 Education or Training-Related
Sexual Harassment

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
 Education or Training-Related
Sexual Harassment
Committed when:

1. Submission to or rejection of the act is used as a basis for

any decision affecting the complainant, including, but not
limited to:

- giving of grades
-granting of honors or scholarship
- payment of a stipend or allowance
-giving of any benefit, privilege or consideration
 Education or Training-Related
Sexual Harassment
Committed when:
2. The act or series of acts have the purpose or effect of
interfering with the performance, or creating an intimidating,
hostile or offensive academic environment of the complainant;

3. The act or series of acts might reasonably be expected to

cause discrimination, insecurity, discomfort, offense or humiliation
to a complainant who may be a trainee, apprentice, intern, tutee
or ward of the person complained of.
DIOSCORO F. BACSIN vs. EDUARDO WAHIMAN, G.R. No. 146053 April 30, 2008

Respondent is a public school teacher of Pandan Elementary School,

Pandan, Mambajao, Camiguin Province. Complainant is the father of
AAA, an elementary school student of the respondent.

AAA claimed that that respondent asked her to be at his office to do an

errand. Once inside, she saw him get a folder from one of the cartons on
the floor near his table, and place it on his table. He then asked her to
come closer, and when she did, held her hand, then touched and fondled
her breast. She stated that he fondled her breast five times, and that she
felt afraid. A classmate of hers claimed to have witnessed the incident
and testified that the fondling incident did happen just as AAA related
it.
DIOSCORO F. BACSIN vs. EDUARDO WAHIMAN, G.R. No. 146053 April 30, 2008

In his defense, respondent claimed that the touching incident

happened by accident, just as he was handing AAA a lesson book.
He further stated that the incident happened in about two or
three seconds, and that the girl left his office without any
complaint.

Is he correct?
DIOSCORO F. BACSIN vs. EDUARDO WAHIMAN, G.R. No. 146053 April 30, 2008

No. The CSC found, as did the CA, that even without an explicit
demand from petitioner, his act of mashing the breast of AAA was
sufficient to constitute sexual harassment. Moreover, under
Section 3 (b) (4) of RA 7877, sexual harassment in an education or
training environment is committed (w)hen the sexual advances
result in an intimidating, hostile or offensive environment for the
student, trainee or apprentice. AAA even testified that she felt fear
at the time respondent touched her.
Cariño, Feliciano CSC Resolution No. 08-06124, August 11, 2008

A professor’s unwanted rubbing, hugging, touching and pinching

of the thighs and waist of his students falls under ‘Malicious
Touching’ under the classification of sexual harassment as a
grave offense.

Though a woman’s waist and thighs may not be considered as

‘private parts’, xxx, as a teacher, the appellant had no reason to
touch, massage or pinch these bodily parts. Also, his near
attempt in placing his hands into the pants of a student and
rubbing his crotch against the appellant were malicious and
made with lewd insinuations.
IV. c. SH can also 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 are found as a

result of work or education or training
responsibilities or relations.

3. At work or education or training-related social

functions
IV. c. SH can 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; or

6. By telephone, cellular phone, fax machine or

electronic mail.
Sec 51, C (v). Persons Liable. Any government
official or employee when he/she:

1. Directly participates in the execution of any act of sexual

harassment

2. Induces another to commit sexual harassment

3. Cooperates in the commission of SH by another through an act

without which the sexual harassment would not have been
accomplished

4. Cooperates in the commission of SH by another through previous

or simultaneous acts
PENALTIES (Administrative Case)
a. GRAVE OFFENSE
• Dismissal from the service

b. LESS GRAVE OFFENSE

• 1st Offense - Fine or suspension not less

than 1 month to 6 months
• 2nd Offense - Dismissal
c. LIGHT OFFENSE

• 1st Offense - Reprimand

• 2nd Offense- Fine/Suspension not
exceeding 30 days
• 3rd Offense - Dismissal
Sec 14 c. Duties and Responsibilities of the Head of
Offices/Agencies or other Persons of Authority, Influence
or Moral Ascendancy

1. Disseminate or post in a conspicuous place a copy of the law and the

rules to all persons in the workplace which shall include the following:
1.1 sending copies of the law and its rules through official notices or means of
communications to heads of different departments, bureaus, offices, units or
such subdivisions in a workplace for proper information of their members

1.2 posting a copy of the law and its rules online or in the official website of the
workplace

1.3 conducting orientations on the law and its rules and providing its employees
with copies in print or electronic form as well as preparing information materials
such as primers, frequently asked questions and the like
Sec 14 c. Duties and Responsibilities of the Head of
Offices/Agencies or other Persons of Authority, Influence
or Moral Ascendancy

2. Provide measures to prevent sexual harassment in the

workplace, such as the conduct of anti-sexual harassment
seminars, which shall be provided to all employees, regardless of
rank and status

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

harassment

4. Develop and disseminate, in consultation with employees or

their unions, if any, code of conduct on sexual harassment and
CODI manual, which will be in accordance with the provisions of
the 2017 RACCS
Sec 14 c. Duties and Responsibilities of the Head of
Offices/Agencies or other Persons of Authority, Influence
or Moral Ascendancy

5. The agency may formulate its own rules governing the term
of office of its members which should not be more than 2
years, and other matters pertaining to the functions of the
CODI not otherwise provided in the Rules

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

CODI or not taking action on complaints filed by the head office or
agency shall be charged with Neglect of Duty
 Preliminary Investigation
Complaint/

Prima facie
case exists? No Dismissal
Yes

Issuance of a Formal Charge Issuance of Preventive

or Notice of Charge Suspension, if proper

Filing of Answer

Formal Investigation Decision