WHEREASthe Vienna Declaration and Programme of Action of the World Conference on Human Rights June and the Beijing Declaration and Platform for Action of the Fourth World Conference on Women September reaffirm the equal rights and inherent human dignity of women and men, and particularly the human rights of women as an inalienable, integral and indivisible part of all human "Anti sexual harassment act lawphil case" and fundamental freedoms.
WHEREASthe Philippines, with other States of the World, has reaffirmed, through the Vienna Declaration and Programme of Action and Anti sexual harassment act lawphil case Beijing Declaration and Platform for Action, its solemn commitment to fulfill its obligations to promote universal respect for, and observance and protection of all human rights and fundamental freedoms for all in accordance with the Charter of the United Nationsother instruments relating to human rights, and international law.
WHEREASthere is a need to devise uniform rules and regulations particularly in the definition of the administrative offense of sexual harassment and the sanctions therefor, and the procedures for the administrative investigation, prosecution and adjudication of sexual harassment cases. WHEREASsexual harassment violates the dignity of workers and their right to humane, just and safe work environment, defeats and impairs morale and efficiency in the workplace, and violates the merit and fitness principle in the civil service.
NOW, THEREFOREthis Commission hereby promulgates these Rules and Regulations defining the administrative offense of sexual harassment and prescribing the standard procedure for the administrative investigation and resolution of sexual harassment cases in the public sector.
Gestures with lewd insinuation. In an educational or training institution, the Committee shall be composed of at least one 1 representative from the administration, the trainers, teachers, instructors, professors or coaches, and students or trainees, as the case may be, duly selected by the level concerned. The agency may formulate its own rules governing the term of office of its members which should be more than two years, and other matters pertaining to the functions of the Committee not otherwise provided in these Rules.
It shall contain the following: Where the complaint is not under oath, the complainant shall be summoned by the Committee to swear to the truth of the allegations in the complaint.
The investigation involves the ex parte examination of documents submitted by the complainant and the person complained of, as well as documents readily available from other government offices. During the preliminary investigation, the parties may submit affidavits and counter-affidavits. Upon receipt of the counter-affidavit comment under oath, the Committee on Decorum and Investigation Anti sexual harassment act lawphil case now recommend whether a prima facie case exists to warrant the issuance of a formal charge.
During preliminary investigation, proceedings before the Committee on Decorum and Investigation shall be held under strict confidentiality. Duration of the Investigation. Decision or Resolution After Preliminary Investigation. In the absence of a prima facie case, the complaint shall be dismissed within the same period. The Committee on Decorum and Investigation shall not entertain requests for clarification, bills of particulars or motions to dismiss which are obviously designed to delay the administrative proceeding.
Failure to File an Answer. Duration of Preventive Suspension. Provided, that when the delay in the disposition of the case is due to the fault, negligence or petition of the respondent, the period of delay should not be included in the counting of the ninety 90 calendar days period of preventive suspension: Remedies from the Order of Prevention Suspension.
Conduct of Formal Investigation. Said 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 the disciplining authority in meritorious cases. Continuous Hearing Until Terminated; Postponement. Where no pre-hearing conference is conducted, the parties, their counsels and witnesses, if any, shall be given a notice of at least five 5 days before the first scheduled hearing specifying the time, date and place of the said hearing and subsequent hearings.
Thereafter, the schedule of hearings previously set shall be strictly followed without further notice. A party shall be granted only three 3 postponements upon oral or written requests. A further postponement may be granted only upon written request and subject tot the discretion of the Committee on Decorum and investigation.
If the respondent fails to appear during the scheduled hearings despite due notice, the investigation shall proceed ex-parte and the respondent is deemed to have waived his right to be present and to submit evidence in his Anti sexual harassment act lawphil case during those hearings.
Any pleading or appearance made without complying with the above stated requirements shall not be recognized. The complainant may then offer rebuttal evidence, and the respondent, sur-rebuttal evidence. Cross-examination by the opponent. Re-direct examination by the opponent.
Re-cross examination by the opponent. When the presentation of evidence has been concluded, the parties shall formally offer their evidence either orally or in writing and thereafter objections thereto may also be made either orally or in writing. Thereafter, both parties may be given time to submit their respective memorandum which in no case shall be beyond five 5 days after the termination of the investigation.
Failure to submit the memorandum within the given period shall be considered a waiver thereof. However, objections that cannot be ruled Anti sexual harassment act lawphil case by the Committee shall be noted with the information that the same shall be included in the memorandum of the concerned party to be ruled upon by the proper disciplining authority. The Committee on Decorum and Investigation shall accept all evidence deemed material and relevant to the case.
In case of doubt, the Committee on Decorum and Investigation shall allow the admission of evidence subject to the objection interposed against its admission. These shall form part of the complete records of the case.