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Rule – title 5. at official conferences, fora, symposia or training sessions; or 6.

by telephone,
1- title cellular phone, fax machine or electronic mail.
2 – objective
3 – coverage 8 – acts constituting sexual harassment - Sexual harassment in a work-related or
4 – jurisdiction - he TIEZA shall exercise its jurisdiction and authority to impose employment or training environment constitutes, though not limited to, the
discipline and proper decorum over all its officials and employees particularly acts following specific acts:
(a) Demanding, requesting or requiring sexual favor for
and omissions which constitute sexual harassment. any of the
SEXUAL HARASSMENT following considerations:
5 – definition - The administrative offense of sexual harassment is a form of 1. as a condition for hiring or employment, re-employment or continued
misconduct involving an act or series of acts constituting unwelcome physical, employment of an individual, or 

verbal, or visual advances, demands pr request for sexual favors, or other 2. as a condition for granting favorable compensation, terms or conditions
sexually-oriented conduct or behavior that causes insecurity, discomfort, offense, of employment, promotion or privileges; 

or humiliation to another person who may be recipient thereof or a witness 3. as a basis for any other employment decision; 
4. as a basis or condition
thereto. the existence of authority, influence, or moral ascendancy on the part of for granting a request for cooperation, support, or prompt response in
the offender over the victim is not an indispensable element in sexual any work or employment/training-related activity;
harassment. • (b) Demanding, requesting or requiring sexual favor from an individual
6 – forms of sexual harassment - whose work or training is entrusted for supervision to or otherwise
The acts of sexual harassment may take any of the following forms: assigned for coordination or cooperation with the offender; 

(a) Physical • (c) Demanding, requesting or requiring sexual favor which affects the
I. Physical contact or malicious touching offended individual in any of the following manner:
ii. Overt sexual advances 1. by interfering with the individual’s work performance; 

iii. Unwelcome, improper or any unnecessary gesture of a sexual nature; or 2. by causing discrimination, insecurity, discomfort, offense or
iv. Any other suggestive expression or lewd insinuation humiliation to the individual; 

(b) Verbal, such as requests or demands for sexual favors or lewdremarks 3. by creating an intimidating, hostile or offensive environment for
(c) Use of objects, pictures, letters or written notes and other media with bold the individual; 

persuasive sexual underpinnings and which create a hostile, offensive or 4. by impairing the individual’s rights or privileges under existing
intimidating work or training environment which is annoying or disgusting to the civil service laws, rules and regulations; 

victim. • (d) Upon refusal of any such demand, request or requirement for sexual
(d) Other forms analogous to the foregoing favor, limiting, classifying or segregating an individual as would
discriminate, deprive or diminish employment opportunities or
7 – where committed - Sexual harassment may take place:
 otherwise adversely affect said individual; 
For this purpose, work or
1. in the premises of the workplace or office or of the school or training employment related sexual 

institution; harassment may take place in the following:
2. in any place where the parties were found as a result of work or education or 1. in the office at all hours of the day; 

training responsibilities or relations; 2. at office related social functions; 

3. at work or education or training-related social functions; 3. while on official business outside the office or during work- related
4. while on official business outside the office or school or training institution or travel; 

during work or school or training-related travel; 4. at official conferences, for a, symposia or training sessions; 

5. through letters, over the telephone, cellular phone, fax machine, E-mail 11. perform such other functions vested upon him/her by specific provisions
and other forms of communications; and 
 of these rules.
6. in any other place or form of work, training or employment 15 – quorum - 3 members of the CODI shall constitute a quorum and act on any
environment. case brought before it under these Rules. No member shall send a proxy or
representative to attend hearings and conferences conducted by the CODI.
9 – persons liable - Any employee or official, regardless of sex, position, authority, PROCEDURE IN THE DISPOSITION OF SEXUAL HARASSMENT CASES
influence or moral ascendancy over another person in the DENR is liable for 16 – Pre-filing stage - the CODI shall provide counselling to the alleged victim of
sexual harassment in the Department. sexual harassment or refer him/her for professional help and/or advice on
Any official or employee in the DENR regardless of sex shall similarly be held options available before the filing of complaint.
liable for sexual harassment under any of the following circumstances: 17 – interview - the CODI may interview the alleged victim when the latter
4. Directing or inducing another to commit any of the acts of sexual reports the complaint. the alleged victim may request the presence of a person of
harassment defined in these rules (Principal by Inducement); or 
 his/her choice during the interview. The presiding officer should see to it that the
5. Cooperating in the commission of the act of sexual harassment by conduct of the interview would not embarrass the alleged victim or cause
another without which it would not have been committed (Principal by him/her further emotional anguish and suffering. At its option, the CODI may
Indispensable Cooperation). 
 likewise conduct a separate interview of the alleged offender and witnesses.
COMMITTEE ON DECORUM AND INVESTIGATION (CODI) 18 – complaint; where filed - (a) The complaint may be filed at any time with the
10 – creation of codi – the Committee on Decorum and Investigation in TIEZA is disciplining authority of the office or agency, or with the Committee on Decorum
hereby created and Investigation. Upon receipt of the
11 – composition complaint by the disciplining authority of the office or agency, the same shall be
12 – term of office – except for the general counsel, each committee member transmitted to the Committee on Decorum and Investigation, if there is any. In
shall hold have a term of 2 years the absence of a Committee on Decorum and Investigation, the head office or
13 – functions of CODI - The CODI shall perform the following functions: agency shall immediately cause the creation of Committee on Decorum and
a. evaluate sexual harassment complaints in accordance with the procedures Investigation in accordance with the law and rules, and transmit the complaint to
herein prescribed and refer the same to the international affairs office for fact- the Committee.
finding investigation if found sufficient in form and substance; otherwise, dismiss (b) The complaint must be in writing, signed and sworn to by the complainant. It
the said complaints; shall contain the following:
b. Conduct formal investigation; 1. the full name and address of the complainant;
2. the full name, address, and
c. submit a report of its findings with the corresponding recommendation to the position of the respondent; 3. a brief statement of the relevant facts;
4.
Legal Affairs Office evidence, in support of the complainant, if any;
5. a certification of non-forum
c. Such other functions vested by these Rules shopping.
14 – functions of presiding officer - As the Presiding Officer of the CODI, the OIC In the absence of any one of the aforementioned requirements, the complaint
of the Legal Department shall: shall be dismissed without prejudice to its refiling.
6. Preside over the sessions of the CODI; Where the complaint is not under oath, the complainant shall be summoned by
7. Sign and Issue subpoena ad testificandum and subpoena duces tecum; the Committee to swear to the truth of the allegations in the complaint.
8. administer oaths and take testimonies of witness in the formal 18 – Where Complaint is filed
investigation; 19 – Fact-finding investigation - the fact-finding inquiry shall be conducted for a
9. preserve the order and decorum during the CODI sessions; period of five (5) working days and a Fact-Finding report therein shall be
10. sign interlocutory orders; and submitted to the presiding officer concerned within five (5) working days from
the termination of the inquiry. Oaths may be administered by any member of the Civil Service Commission by way of an appeal within fifteen (15) days from receipt
fact-finding team whose functions as prescribed herein requires presentation to thereof.
him/her of any statement under oath. the parties may submit affidavits and 26 – Remedies from the order preventive suspension - The respondent may file a
counter-affidavits. motion for reconsideration with the disciplining authority or may elevate the
21 – Committee recommendation - upon receipt of the fact-finding report, the same to the Civil Service Commission by way of an appeal within fifteen (15) days
presiding officer shall, within two (2) working days, immediately convene the from receipt thereof.
CODI and recommend to the Chaiperson, either the issuance of a formal charge if 27 – conduct of formal investigation - Although the respondent does not request
it finds that a prima facie case exists, of the dismissal of the complaint in the a formal investigation, one shall nevertheless be conducted by the Committee on
absence thereof. Decorum and Investigation if it deems such investigation as necessary to decide
22 – formal charge - After finding a prima facie case, the disciplining authority the case judiciously.
shall formally charge the person complained of. The formal charge shall contain a The investigation shall be held not earlier than five (5) days nor later than ten (10)
specification of the charge(s), a brief statement of material or relevant facts, days from receipt of the respondent’s answer. Said investigation shall be finished
accompanied by certified true copies of the documentary evidence, if any, sworn within thirty (30) days from the issuance of the formal charge or the receipt of
statements covering the testimony of witnesses, a directive to answer the the answer unless the period is extended by the disciplining authority in
charge(s) in writing under oath in not less than seventy-two hours from receipt meritorious cases.
thereof, an advice for the respondent to indicate in his/her answer whether or
not he/she elects a formal investigation of the charge(s), and a notice that he/she 28 – Service of counsel, witnesses, and documents - Either party may avail
is entitled to be assisted by a counsel of his/her choice. himself/herself of the services of counsel and may opt to require the attendance
If the respondent has submitted his/her comment and counter-affidavits during of witnesses and the production of documentary evidence in his/her favor.
the preliminary investigation, he/she shall be given the opportunity to submit 29 – pre-hearing conference - At the commencement of the formal investigation,
additional evidence. the Committee on Decorum and Investigation may conduct a pre-hearing
The Committee on Decorum and Investigation shall not entertain requests for conference for the parties to appear, consider and agree on any of the following:
clarification, bills of particulars or motions to dismiss which are obviously a. stipulation of facts;
b. simplification of issues;
c. identification and marking of
designed to delay the administrative proceeding. If any of these pleadings is filed evidence of the parties; d. waiver of objections to admissibility of evidence;
e.
by the respondent, the same shall be considered as part of his/her answer which limiting the number of witnesses, and their names; f. dates of subsequent
he/she may file within the remaining period for filing the answer. hearings; and
g. such other matters as may aid in the prompt and just resolution of the case.
23 – answer - The answer which must be in writing and under oath, shall be The parties may submit position paper/memoranda and submit the case for
specific and shall contain material facts and applicable laws, if any, including resolution based on the result of the pre-hearing conference without any need
documentary evidence, sworn statements covering testimonies of witnesses, if for further hearing.
there be any, in support of respondent’s case. If shall also include a statement
indicating whether he/she elects a formal investigation. 30 – continuous hearing until terminated; postponement - Hearings hall be
24 – failure to file an answer - If the respondent fails or refuses to file his/her conducted on the hearing dates set by the Committee on Decorum and
answer to the formal charge within seventy-two (72) hours from receipt thereof investigation or as agreed upon during a pre-hearing conference.
without justifiable cause, he/she shall be considered to have waived his right Where no pre-hearing conference is conducted, the parties, their counsels and
thereto and formal investigation may commence. witnesses, if any, shall be given a notice of at least five (5) days before the first
25 – preventive suspension - The respondent may file a motion for scheduled hearing specifying the time, date and place of the said hearing and
reconsideration with the disciplining authority or may elevate the same to the subsequent hearings. Thereafter, the schedule of hearings previously set shall be
strictly followed without further notice. A party shall be granted only three (3) 36 – markings - All documentary evidence or exhibits shall be properly marked by
postponements upon oral or written requests. A further postponement may be letters (A, B, C, etc.) if presented by the respondent. These shall form part of the
granted only upon written request and subject tot the discretion of the complete records of the case.
Committee on Decorum and investigation. 37 – request for subpoena - If a party desires the attendance of a witness or the
If the respondent fails to appear during the scheduled hearings despite due production of documents of things, he/she shall make a request for the issuance
notice, the investigation shall proceed ex-parte and the respondent is deemed to of the necessary subpoena, at least three (3) days before the scheduled hearing.
have waived his right to be present and to submit evidence in his favor during 38 – issuance of subpoena - The Committee on Decorum and Investigation may
those hearings. issue subpoena ad testificandum to compel the attendance of witnesses and
subpoena duces tecum for the production of documents or objects.
31 – appearance of parties - Any person representing any of the parties before 39 – records of proceedings – the proceedings of the committee must be
any hearing or investigation shall manifest orally or in writing his/her appearance recorded by the CODI secretariat
for either the respondent or complainant, stating his/her full name and exact 40 – effects of a pending administrative case - The pendency of any
address where he/she can be served with notices and other documents. Any administrative case shall not disqualify the respondent for promotion or from
pleading or appearance made without complying with the above stated claiming maternity/paternity benefits. For this purpose, an administrative case
requirements shall not be recognized. shall be construed as pending when the disciplining authority has issued a formal
32 – order of hearing - Unless the Committee on Decorum and Investigation charge.
directs otherwise, the order of hearing shall be as follows: 41 – CODI report - Within fifteen (15) days after the conclusion of the formal
a. The complainant shall present evidence in support of the charge;
b. The investigation, a report containing a narration of the material facts established
respondent shall then offer evidence in support of his/her defense; during the investigation, the findings and the evidence supporting said findings,
c. The complainant may then offer rebuttal evidence, and the respondent, sur- as well as the recommendations, shall be submitted by the Committee on
rebuttal evidence. Decorum and Investigation to the disciplining authority. The complete records of
33 – examination of witnesses - Every witness may be examined in the following the case shall be attached to the Report of Investigation.
order: The complete records shall be systematically and chronologically arranged,
a. Direct examination by the proponent; b. Cross-examination by the paged, and securely bound to prevent loss. A table of contents shall be prepared.
opponent;
c. Re-direct examination by the opponent; d. Re-cross examination by Whoever is in-charge of the transmittal of the complete records shall be held
the opponent. responsible for any loss or suppression of pages thereof.
A sworn statement of a witnesses, properly identified and affirmed by the
witness before the Committee on Decorum and Investigation shall constitute 42 – decision of committee
his/her direct testimony. 43 – finality of decisions - A decision rendered by heads of agencies where a
penalty of suspension for not more than thirty (30) days or a fine in an amount
34 – offer of evidence – the testimony of the witness must be offered at the time not exceeding thirty (30) days salary is imposed, shall be final and executory.
he/she is called to testify However, if the penalty imposed is suspension exceeding thirty (30) days or a fine
35 – objections - All objections raised during the hearing shall be resolved by the exceeding thirty (30) days salary, the same shall be final and executory after the
Committee on Decorum and Investigation. However, objections that cannot be lapse of the reglamentary period for filing a motion for reconsideration or an
ruled upon by the Committee shall be noted with the information that the same appeal and no such pleading has been filed.
shall be included in the memorandum of the concerned party to be ruled upon by
the proper disciplining authority. REMEDIES AFTER DECISION
44 – motion for reconsideration; when deemed filed – a party adversely affected 52 – Any person who is found guilty of sexual harassment shall, after the
by the decision of the committee may file a motion for reconsideration within 15 investigation, be meted the penalty corresponding to the gravity and seriousness
days from the receipt of the copy of the order. of the offense, which shall either be grave, less grave, or light.
45 – grounds for motion for reconsideration - the motion for reconsideration shall 53 – Penalties:
be based on any of the following:
a. New evidence has been discovered which materially affects the decision A. For light offenses:
rendered; or b. The decision is not supported by the evidence on record; or 1st offense – Reprimand
2nd offense – Fine or suspension not exceeding thirty
c. Errors of law irregularities have been committed prejudicial to the interest of (30) days 3rd offense – Dismissal
the movant. B. For less grave offenses:
1st offense – Fine or suspension of not less than thirty (30) days and not
46 – limitation – only one motion for reconsideration shall be allowed exceeding six (6) months
2nd offense – Dismissal
47 – effects of filing - An appeal shall not stop the decision from being executory, C. For grave offenses: Dismissal
and in case the penalty is suspension or removal, the respondent shall considered
as having been under preventive suspension during the pendency of the appeal, ADMINISTRATIVE LIABILITIES
in the event he wins the appeal. 53 –
FINAL PROVISIONS
48 – appeals; when deemed filed – a party may appeal the decision of the 54 – Transitory Provision – all administrative cases of sexual harassment
committee within 15 days from the receipt of the copy of the decision. 55 – confidentiality – all details, documents submitted, and minutes of the
49 – Appeal Fee – the appellant shall pay an appeal fee of three hundred pesos proceedings of the committee are deemed confidential
(P300) pesos and a copy of the receipt shall be attached to the appeal 57 – Prescriptive Period – Any commission of sexual harassment as herein
50 – Perfection of Appeal - To perfect an appeal, the appellant shall within fifteen provided shall prescribe after three years upon commission of the act
(15) days from receipt of the decision submit the following: 58 – Policy – all TIEZA personnel are presumed knowledgeable of these rules
a. Notice of appeal which shall specifically state the date of the decision appealed herein contained
from and the date of receipt thereof; 59 – Separatability Clause – any provision herein that os
b. Three (3) copies of appeal containing the grounds relied upon for the appeal, 60 – Repealing Clause – any other prior issuances inconsistent with these rules
together with the certified true copy of the decision, resolution or order appealed are deemed repealed
from, and certified copies of the documents or evidence; 61 – Amendment – these rules may be amended every 2 years
c. Proof of service of a copy of the appeal memorandum to the disciplining office; 62 – Effectivity – shall take effect upon the written approval of the COO
d. Proof of payment of the appeal fee; and
e. A statement or certification of non-
forum shopping.

51 – Effects of filing - An appeal shall not stop the decision from being executory,
and in case the penalty is suspension or removal, the respondent shall considered
as having been under preventive suspension during the pendency of the appeal,
in the event he wins the appeal.
CLASSIFICATIONS OF SEXUAL HARASSMENT

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