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REPUBLIC OF THE PHILIPPINES

COMMISSION ON AUDIT
Commonwealth Avenue, Quezon City, Philippines

RESOLUTION No. : Z017- 024 '·

Date: DEC 2 2 2017

SUBJECT: Rules of Procedure in the Investigation, Resolution,

Settlement, and Prosecution of Sexual Harassment Cases in
the Commission on Audit

WHEREAS, Republic Act (RA) No. 7877, otherwise known as the "Anti-Sexual
Harassment Act of 1995," declares unlawful sexual harassment in the employment,
education and training environment;

WHEREAS, Section 4(a) of RA No. 7877 provides that it shall be the duty of the
head of the agency to promulgate rules and regulations prescribing the procedure for the
investigation of sexual harassment cases and the administrative sanctions therefor;

WHEREAS, Civil Service Commission (CSC) Resolution No. 01-0940 dated May
21, 2001, entitled "Administrative Disciplinary Rules on Sexual Harassment Cases",
defmes the administrative offense of se~ual harassment and prescribes the standard
procedure for the administrative investigation and resolution of sexual harassment cases in
the public sector;

WHEREAS, the Commission on Audit (COA) desires to have a work

environment free of sexual harassment;

WHEREAS, the COA is responsible for preventing, as well as for taking

immediate corrective action to stop sexual harassment in the workplace, and for the
prompt investigation of any allegation of work-related sexual harassment;

NOW, THEREFORE, the COA hereby promulgates the following Rules of

Procedure in the Investigation, Resolution, Settlement, and Prosecution of Sexual
Harassment Cases in COA.

RULE I
COVERAGE

Section 1. These Rules shall apply to any officer or employee of the Commission,
irrespective of the nature, rank, and status of his/her appointment, who complains of or is
complained of sexual harassment as herein defmed.

It shall also cover applicants for employment~~mrnission, as well as clients,

trainees, and other persons transacting business or official matters in the Commission,
against whom acts of sexual harassment may be committed by its officers or employees.

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 RULE II
DEFINITION OF SEXUAL HARASSMENT

Section 2. The administrative offense of sexual harassment is a form of misconduct

involving an act or series of acts constituting unwelcome physical, verbal, or visual sexual
advances, demands or request for sexual favors, or other sexually-oriented conduct or
behavior that causes insecurity, discomfort, offense, or humiliation to another person who
may be the recipient thereof or a witness thereto. The existence of authority, influence, or
moral ascendancy on the part of the offender over the victim is not an indispensable element
in sexual harassment.

The offense may be committed under any of the following instances:

a. Demand for such conduct is made either explicitly or implicitly a condition of

employment; or

b. Submission to or rejection of the conduct is used as a basis for making personnel

decision, including but not limited to, matters of promotion, raise in salary, job
security, reassignment/transfer, and benefits affecting the offended party; or

c. Such behavior adversely interferes with a person's work performance or creates

an intimidating, hostile or offensive work environment.

Sexual harassment may be in the fonn of overt sexual advances such as malicious
touching or physical contact; unwelcome or improper gestures of affection; demand or
annoying persistent requests for sexual favors, including but not limited to, going out on
dates, outings or the like; or any other act or conduct of a sexual nature or for purposes of
sexual gratification, including exhibitions of lewd pictures or letters that are offensive to the
offended party.

RULE III
LIABILITY FOR SEXUAL HARASSMENT

Section 3. Who May Be Liable. - Any official or employee of the Commission may be
liable for sexual harassment when he or she:

a. Commits an act of sexual harassment or directly participates in the execution of

any act of sexual harassment as defined by these Rules; or

b. Induces or directs another to commit such act; or

c. Cooperates in the commission of sexual harassment by any means without

which the sexual harassment would not have been accomplished.

Section 4. Where Committed. - Sexual Harassment may be committed in any work,

education, or training environment, including, but not limited to, the following:

a. In or outside the office building or training site;

b. At the office or training-related social functioniM /

c. In the course of work assignments outside the ~hi'bl

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 d. At work-related conferences, studies or training sessions ;

e. During work related travel; or

f. By telephone, cellular phone, fax machine, electronic-mai l, private messages or

posts in social media accounts, by text message or other electronic means.

RULE IV
COMMITTEE ON DECORUM AND INVESTIGATION

Section 5. Creation of the Committee on Decorum and Investigation (CODI). -

Committees on Decorum and Investigation (CODI) in the Central Office and in the Regional
Offices are hereby created to be composed of the fo llowing:

Central Office COOl:

a. Assistant Commissioner ofthe Legal Services Sector/General Chairperson/

Counsel Presiding Officer
b. One representative from the Operating and Support Sectors Member
who belongs to a Level III position and must be a lawyer to be
nominated by the Assistant Commissioners' Group
c. One representative from the Philippine Government Audit Member
Service Employees Association (PhilGASEA), the accredited
employees union to be designated by its Board of Directors

d. One representative from the employees' supervisory rank, who Member

must be a lawyer, to be designated by the Assistant
Commissioner of the Administration Sector. The lawyer may
come from the different sectors in the Commission .

e. One representative from the rank-and-file employees to be Member

designated by the Assistant Commissioner of the
Administration Sector

Regional Offices CODJ:

a. Regional Director (RD) Chairperson/

Presiding Officer
b. One re presentative from among personnel holding at least a Member
Level II position to be designated by the RD upon
recommendation of the Assistant Regional Director (ARD)
c. One representative from the Operating and Support Services Member
who belongs to a Level III position and must be a lawyer to be
designated by the RD upon the recommendation of the ~/
d. Regional Chapter President of PhilGASEA ~\~ Member
e. One representative from the rank-and-file employees to be Member
nominated by the ARD

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When a member of the CODI is the complainant or the person complained of in a

sexual harassment case, he/she shall be disqualified as a member and another officer or
employee of equal rank shall be duly designated, whose designation shall be only for the
unexpired portion of the term of the disqualified member.

Section 6. Term of Office of the Members of the CODI. - Except for the General Counsel
and unless provided in these Rules, the members ofthe CODI shall have a term of two (2)
years.

Section 7. Functions of the CODI. - The CODI shall perform the following functions:

a. Evaluate sexual harassment complaints in accordance with the procedures herein

prescribed and refer the same to the Internal Affairs Office (IAfO) for fact-
finding investigation if found sufficient in form and substance; otherwise,
dismiss the said complaints;

b. Conduct formal investigation;

c. Submit a report of its findings with the corresponding recommendation to the

Legal Affairs Office (LAO), Legal Services Sector (LSS) for drafting of a
decision; and

d. Such other functions vested upon it by specific provisions of these Rules.

Section 8. Functions of the Presiding Officer.- As the Presiding Officer of the COD!, the
General Counsel or RD shall:

a. Preside over the sessions of the CODI;

b. Sign and issue subpoena ad testificandum and subpoena duces tecum;

c. Administer oaths and take testimonies of witnesses in the formal investigation;

d. Preserve order and decorum during the CODI sessions;

e. Sign interlocutory orders; and

f. Perform such other functions vested upon him/her by specific provision of these
Rules.
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Section 9. Quorum.- T hree (3) members of~rSDr shall constitute a quorum to act on
any case or matter brought before it under th~~~~les. No member shall send a proxy or
representative to attend hearings and conferences conducted by the CODI.

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RULEV
PRE-FILING STANDARD OPERATING PROCEDURES IN ATTENDING TO
VICTIMS OF SEXUAL HARASSMENT

Section 10. Pre--Filing Stage. - The CODI shall provide counselling to the alleged victim
of sexual harassment or refer him/her for professional help and/or advice on options
available before the filing of the complaint.

Section 11. Interview.- The CODI may interview the alleged victim when the latter first
reports the complaint. The alleged victim may request the presence of a person of his/her
choice during the interview. The Presiding Officer should see to it that the conduct of the
interview would not embarrass the alleged victim or cause him/her further emotional
anguish and suffering. At its option, the COD! may likewise conduct a separate interview
of the alleged offender and w itnesses.

RULE VI
STANDARD PROCEDURAL REQUIREMENTS

Section 12. Waiver of Rules. - For meritorious reason, including prompt disposition of the
case, the COD! may waive the requirements or any provision of these Rules in a particular
proceeding, on motion of a party or on its own motion.

Section 13. Complaint. -The complaint which must be in writing, signed and sworn to by
the complainant, shall contain the following:

a. The full name and address of the complainant;

b. The full name, address, and position of the respondent;

c. A brief statement of the relevant facts;

d. Evidence in support of the complaint, if any; and

e. A Certification ofNon-Forum Shopping.

The CODI shall dismiss the complaint which does not comply with the foregoing
requirements without prejudice to its re-filing.

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Section 14. Where Complaint Shall Be Filed. -The compl . a a all other pleadings for
sexual harassment shall be filed with the CODI, through the mission on Audit-Gender
and Development (COA-GAD) Secretariat, for complaints in the Central Office, and COA
Regional GAD Secretariat, for complaints in the regions. The COA-GAD Secretariat shall
be responsible for maintaining the official records of the CODI.

Upon receipt of the complaint, the receiving clerk shall stamp on the first page of
the document the date and time of filing, place the same inside an envelope marked
"CONFIDENTIAL", and immediately transmit to the COD! the sealed envelope containing
the documents.

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Section 15. Fact-Finding Investigation. - Upon receipt of a complaint that is sufficient in
form and substance, the Presiding Officer concerned shall refer the complaints to the
Internal Affairs Office (lAfO), Office of the Chairperson in the Central Office, or to the
Legal Services (LS) in the Regional Offices, for the conduct of a fact-find ing inquiry
thereon.

The fact-finding inquiry shall be conducted for a period of five working days and a
Fact-Finding Report thereon shall be submitted to the Presiding Officer concerned w ithin
five (5) working days from the termination of the inquiry.

Oaths may be administered by any member of the fact-finding team whose function
as prescribed herein requires presentation to him/her of any statement under oath.

The parties may submit affidavits and counter-affidavits.

Section 16. Recommendation After the Fact-Finding Inquiry. - Upon receipt ofthe Fact-
Finding Report, the Presiding Officer shall, within two (2) working days, immediately
convene the CODI and recommend to the Chairperson, either the issuance of a formal charge
if it finds that a prima facie case exists, or the dismissal of the complaint in the absence
thereof.

Section 17. Formal Charge. - The formal charge shall be signed by the Chairperson and
contain a specification of the charge(s), a brief statement of the material or relevant facts,
accompanied by certified true copies of the documentary evidence, if any, sworn statements
covering the testimony of w itnesses, a directive to answer the charge(s) in writing under
oath within seventy-two (72) hours from receipt 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 is entitled to be assisted by a counsel of his/her choice.

Section 18. Title of the Case. - Upon the filing of the formal charge initiating the hearing
or any proceeding of the case under these Rules, the GAD Secretariat in the Central and
Regional Offices shall assign a case number to it which shall be used to identify all
documents and pleadings filed therein. The party complaining shall be referred to as
"Complainant" and the person complained of shall be referred to as " Respondent". The case
· shall be captioned as follows:

(Name of Complainant) COA CODI Case No.(Year)- (Number)

Complainant,
For: Violation of R.A. 7877
-versus-
(Name of Respondent)
Respondent. .

Section 19. Answer. -The respondent must file his/her ~ns~he formal charge in
writing and under oath within 72 hours from receipt thereof. Otherwise, he/she is deemed
to have waived his/her right thereto and the case may be decided based on available records.

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The answer shall be specific and shall contain material facts, applicable laws,
documentary evidence, and sworn statements covering testimonies of witnesses, ifthere be
any, in support of respondent's case, and a statement indicating whether or not the
respondent elects a formal investigation.

The CODI shall not entertain requests for clarification, bills of particulars, or
motions to dismiss, which are obviously designed to delay the administrative proceeding. If
any of these pleadings is filed by the respondent, the same shall be considered as part of
his/her answer which he/she may file within the remaining period for filing the answer.

Section 20. How Answer May Be Filed. - The answer may be filed by personal service or
by registered mail. It shall be deemed filed on the date of receipt stamped thereon if filed by
personal service, and on the date stamped on the envelope containing the answer, if filed by
registered mail.

Section 21. Confidentiality Clause. -The confidentiality of all proceedings, documents,

and identities of the parties under these Rules shall be protected.

Section 22. Hearings and Conferences. - All hearings and conferences pursuant to these
Rules shall be done at the Hearing Room of the LSS or Conference Room of the Regional
Office, as the case may be, at such dates and times as may be set in the Official Notice of
Hearing or as may set by order of the CODI.

Section 23. Preventive Suspension. - Upon petition of the complainant or motu proprio
upon the recommendation of the CODI, at any time after the service of the formal charge to
the respondent, an order of preventive suspension may be issued by the Chairperson during
the formal investigation, if there are reasons to believe that he/she is probably guilty of the
charges which would warrant his/her removal from the service, to temporarily remove the
respondent from employment to prevent him/her from exerting undue influence or pressure
on the witnesses against him/her or from tampering of documentary evidence on file with
the Commission.

When the administrative case against the respondent under preventive suspension is
not finally decided within the period of 90 calendar days after the date of his/her preventive
suspension, unless otherwise provided by special law, he/she shall be automatically
reinstated into the service, provided that when the delay in the disposition ofthe 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 90-day period of preventive suspension. Provided, further,
that should the respondent be on paternity/maternity leave, said preventive suspension shall
be deferred or interrupted until such time that said leave has been fully consumed.

The respondent may file a Motion for Reconsideratio~ ~~Commission Proper

(CP) or may elevate the same to the CSC by way of an appeal w~h\n 15 days from receipt
thereof.

Section 24. Waiver of Formal Investigation.- Upon waiver by the respondent to a formal
investi gation, the CODI shall evaluate the case on the basis ofthe pleadings submitted by
the parties.

Although the respondent does not request a formal investigation, one shall
nevertheless be conducted by the CODI if it deems that such investigation is necessary to
decide the case judiciously.
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Section 25. Conduct of Formal Investigation. - The formal investigation shall be
conducted by the COD! not earlier than five calendar days nor later than I 0 calendar days
from receipt of the respondent's answer. Said investigation shall be finished within 30
calendar days from the issuance oft he formal charge if no answer is filed by the respondent
or from the receipt of the answer unless the period is extended by the COD! in meritorious
cases.

Section 26. Prosecution.- The Presiding Officer is hereby authorized to designate a lawyer
from the Prosecution and Litigation Office (PLO) ·o f this Comm ission to act as Prosecutor
in sexual harassment cases. A private Prosecutor, should the complainant hire one, shall be
under the control and supervision of the PLO.

Section 27. Pre-hearing Conference. -At the commencement of the formal hearing, the
CODI may conduct a pre-hearing conference where the parties shall appear to consider and
agree on any of the following:

a. Stipulation offacts;

b. Simplification of issues;

c. Identification and marking of evidence of the parties;

d. Waiver of objections to admissibility of evidence;

e. Limiting the number of witnesses, and their names;

f. Dates of subsequent hearings; and

g. Such other matters as may aid in the prompt and just resolution of the case.

The parties may submit Position Papers/Memoranda and submit the case for
resolution based on the result of the Pre-hearing Conference without any need for further
hearing. (Section 25, Rule VIII ofCSC Resolution No.Ol-0940 dated May 21, 2001).

Section 28. Postponement. - Request by a party for postponement of a scheduled hearing

shall be subject to the discretion of the COD!. A party shall be granted only 3 postponements
upon oral or written requests. A further postponement may be granted only upon written
request and subject to the discretion of the COD!.

Failure of a party to appear during the scheduled hearings despite due notice and
without justifiable causes shall not prevent the COD! from conducting the investigation.
The investigation shall proceed ex parte and the absent party shall be deemed to have waived
his/her right to be present and to submit evidence in his/her favor. · ~ /

Section 29. Appearance of Parties. - At the start of the first ·h~l~ng, the counsel
representing any of the parties before the COD! shall manifest orally or in writing his/her
appearance for either the complainant or respondent, stating his/her full name and exact
address where he/she can be served with notices and other documents. The COD! shall note
such manifestation of the parties and shall proceed with the reception of evidence.

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Section 30. Order of the Hearing. - Unless the CODI directs otherwise, the order of the
hearing shall be as follows:

a. The complainant shall present evidence to prove the charge;

b. The respondent may present evidence to prove his/her defense; and

c. The complainant and the respondent may then respectively present rebuttal
evidence.

Section 31. Examination of Witness. - The Presiding Officer shall place every witness
under oath before taking his/her testimony. The witness may be examined in the following
manner:

a. Direct examination by the proponent;

b. Cross-examination by the opponent;

c. Re-direct examination by the proponent; and

d. Re-cross examination by the opponent.

Section 32. Offer of Evidence. - The testimony of a witness must be offered at the time
he/she is called to testify.
Documentary and object evidence shall be offered after the presentation of a party's
testimonial evidence. Such offer shall be done orally or in writing.

Section 33. Objections. - All objections raised during the hearing shall be resolved
immediately by the Presiding Officer.

Section 34. Markings.- All exhibits shall be properly marked by letters (A, B, C, etc.) if
presented by the complainant and by numbers (1, 2, 3, etc.) if presented by the respondent.

Section 35. Request for Subpoena. - A party desiring the attendance of a witness or the
production of documents or things shall make a request with the Presiding Officer for the
issuance of the necessary subpoena, at least three calendar days before the scheduled
hearing.

Section 36. Records of Proceedings. - The proceedings of the formal investigation must
be recorded by the COA-GAD Secretariat or COA Regional GAD Secretariat, as the case
may be.

Section 37. Effect of the Pendency of an Administrative Case. - ,.,~ ~dency of an

administrative case shall not disqualify the respondent for promotio~~y;:om claiming
maternity/paternity benefits. For this purpose, an administrative case shall be construed as
pending when the Chairperson has issued a formal charge.

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Section 38. CODI Report. - Within 15 days after the conclusion of the formal
investigation, a report in the form of a draft decision containing a narration of the material
facts established during the investigation, the findings and the evidence supporting said
findings, together with the complete records of the case, shall be submitted by the CODI to
the LAO, LSS for drafting of decision.

Section 39. Review and Decision by the Commission.- The LAO, LSS shall furnish the
members of the CP with the complete records of the case, systematically and
chronologically arranged and securely bound to prevent loss, as well as a table of contents,
together with the proposed decision, for review.

The proposed decision shall be included as an item in the agenda of the regular
meeting of the CP which shall forthwith render its decision thereon. Said decision shall be
rendered within 30 days from receipt of the proposed COA Decision.

Section 40. Finality of Decision. - A decision rendered by the Commission, whereby a

penalty of suspension of not more than 30 days or fine in an amount not exceeding 30 days'
salary is imposed, shall be final and executory. However, if the penalty imposed is
suspension exceeding 30 days or a fine exceeding 30 days salary, the same shall become
final and executory after the lapse of the reglementary period for filing a Motion for
Reconsideration, or an Appeal to the CSC, and no such pleading has been filed.

RULE VII
REMEDIES AFTER A DECISION

Section 41. Filing of Motion for Reconsideration. - A motion for reconsideration of the
decision, when proper, may be filed within 15 calendar days from receipt thereof and such
Motion for Reconsideration shall be decided within 30 calendar days from submission.
Only one Motion for Reconsideration shall be entertained.

Section 42. When Deemed Filed. - A Motion for Reconsideration, if personally delivered,
shall be deemed filed on the date stamped thereon by the receiving clerk of the Office of the
Commission Secretariat, and in case it was sent by ordinary or registered mail or by private
courier, on the date shown by the postmark on the envelope which shall be attached to the
records of the case.

Section 43. Limitation and Grounds for Filing Motion for Reconsideration. - Only one
Motion for Reconsideration shall be entertained and only on any of the following grounds:

«
a. New evidence has been discovered which materially affects the decision
rendered; or

b. The decision is not supported by the evidence on record; or ·

c. Errors of law or irregularities have been committed prejudicial to the interest of

the movant.

Section 44. Effect of Filing. - The filing of a Motion for Reconsideration within the
reglementary period of 15 days shall stay the execution of the decision sought to be
reconsidered.

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Section 45. Filing of Appeals. - Decision of the CP imposing a penalty exceeding thirty
(30) days suspension or fine in an amount exceeding 30 days salary, may be appealed to the
esc within a period of 15 days from rece ipt thereof.
A notice of appeal including the appeal memorandum shall be filed w ith the CSC,
copy furnished the CP.

The PLO, LSS, shall submit the records of the case, which shall be systematically
and chronologically arranged, paged, and securely bound to prevent loss with its comment,
within 15 days, to the esc.

Section 46. Effect of Filing. - 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
w ins the appeal.

RULE VIII
CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT

Section 47. Sexual harassment is classified as grave, less grave, and light offenses as
follows:

A . Grave Offenses shall include, but are not limited to:

1. Unwanted touching of private parts of the body (genitalia, buttocks, and

breast);

2. Sexual assault;

3. Malicious touching;

4. Requesting for sexua l favor in exchange for employment, promotion, local

or foreign trave ls, favorable working conditions or assignments, a passing
grade, the granting of honors or scholarship, or the grant of benefits or
payment of a stipend or a llowance; and

5. Other analogous cases .

B. Less Grave Offenses shall include, but are n o t · l i 4

I . Unwanted touching or brushing against a victim 's body;

2 . Pinching not falling under grave offenses;

3. Derogatory or degrading remarks or innuendoes directed toward the

members of one sex, or one's sexua l orientation or used to describe a person;

5. Other analogous cases r

4. Verbal abuse with sexual overtones; and

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C. The following shall be considered Light Offenses:

1. Surreptitiously looking or staring a look of fl person's private part or worn

undergarments;

2. Telling sexist/smutty j okes or sending these through text, electronic mail or

other simi lar means, causing embarrassment or offense, and carried out after
the offender has been advised that they are offensive or embarrassing or,
even without such advise, when they are by their nature clearly embarrassing,
offensive, or vulgar;

3. Malicious leering or ogling;

4. The display of sexually offens ive pictures, materials or gra~fiti;

5. Unwelcome inquiries or comments about a person's sex life;

6. Unwelcome sexual flirtation, advances, or propositions;

7. Making offensive hand or body gestures at an employee;

8. Persistent unwanted attention with sexual overtones;

9. Unwelcome phone calls with sexual overtones causing discomfort,

embarrassment, offenses, or insult to the receiver; and

I 0. Other analogous cases

RULE IX
EFFECTIVITY

Section 48. These Rules shall take effect immediately.

Quezon City, Philippines, _ -..::c..

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