Republic of the Philippines
SUPREME COURT
Manila
A.M. No. 03-03-13-SC December 14, 2004
RE: RULE ON ADMINISTRATIVE PROCEDURE IN SEXUAL HARASSMENT CASES AND GUIDELINES ON PROPER WORK DECORUM IN THE JUDICIARY
RESOLUTION
Acting on the report of the Committee on Revision of the Rules of Court submitting for this Court's consideration and approval the Proposed Rule on Administrative Procedure in Sexual Harassment Cases and Guidelines on Proper Work Decorum in the Judiciary, the Court Resolved to APPROVE the same.
The Rule shall take effect on January 3, 2005 following its publication in a newspaper of general circulation not later than December 20, 2004.
December 14, 2004.
(SGD.) HILARIO G. DAVIDE, JR.
Chief Justice |
(SGD.) REYNATO S. PUNO
Associate Justice |
(SGD.) ARTEMIO V. PANGANIBAN
Associate Justice |
(SGD.) LEONARDO A. QUISUMBING
Associate Justice |
(SGD.) CONSUELO YNARES-SANTIAGO
Associate Justice |
(SGD.) ANGELINA SANDOVAL GUTIERREZ
Associate Justice |
(SGD.) ANTONIO T. CARPIO
Associate Justice |
(SGD.) MA. ALICIA AUSTRIA-MARTINEZ
Associate Justice |
(SGD.) RENATO C. CORONA
Associate Justice |
(SGD.) CONCHITA CARPIO MORALES
Associate Justice |
(SGD.) ROMEO J. CALLEJO, SR.
Associate Justice |
(SGD.) ADOLFO S. AZCUNA
Associate Justice |
(SGD.) DANTE O. TINGA
Associate Justice |
(SGD.) MINITA V. CHICO-NAZARIO
Associate Justice |
(SGD.) CANCIO C. GARCIA
Associate Justice |
RULE ON ADMINISTRATIVE PROCEDURE IN SEXUAL HARASSMENT CASES AND GUIDELINES ON PROPER WORK DECORUM IN THE JUDICIARY
Section 1. Coverage. - This Rule shall apply to all officials and employees of the Judiciary, including those in the Presidential Electoral Tribunal, the Office of the Court Administrator and the Philippine Judicial Academy. It shall not, however, apply to the members of the Supreme Court, who can only be removed by impeachment under the Constitution, and the members of the Judicial and Bar Council.
Section 2. Objectives. - The objectives of this Rule are: to promote full respect for human rights; to uphold the dignity of every individual, especially employees and applicants for employment in the Judiciary; and to enhance the development of the human resources of the State by promoting their right to a humane, just and safe work environment and improving their morale and efficiency in the workplace.
Section 3. Work-related Sexual harassment; Definition. - Work-related sexual harassment is committed by an official or employee in the Judiciary who, having authority, influence or moral ascendancy over another in a work environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the latter.
Section 4. Work-related Sexual harassment; how committed. - Work-related sexual harassment is committed when:
(a) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee. It shall include, but shall not be limited to, the following modes:
1. Physical, such as malicious touching, overt sexual advances, and gestures with lewd insinuation.
2. Verbal, such as requests or demands for sexual favors, and lurid remarks.
3. Use of objects, pictures or graphics, letters or written notes with sexual underpinnings.
4. Other acts analogous to the foregoing.
(b) The above acts would impair the employee's rights or privileges under existing laws; or
(c) The above acts would result in an intimidating, hostile or offensive environment for the employee.
Section 5. Persons liable. - Any person who (a) directly commits sexual harassment; (b) induces or directs another person to commit such harassment; or (c) cooperates through an act without which sexual harassment would not have been accomplished shall be administratively liable for sexual harassment.
Section 6. Creation of the Committee on Decorum and Investigation (CODI). - The Chief Justice shall appoint the members of the Supreme Court Committee on Decorum and Investigation (SC-CODI), while the Presiding Justices of the Court of Appeals, the Sandiganbayan and the Court of Tax Appeals shall appoint the members of their respective CODIs. In the Court of Appeals Divisions in Cebu City and Cagayan de Oro City, the Executive Justices shall appoint the members of their respective CODIs. In the lower courts, the Executive Judges shall appoint the members of their CODIs.
The SC-CODI shall have jurisdiction over work-related sexual harassment cases committed by the officials and employees of the Supreme Court proper, the Presidential Electoral Tribunal, the Office of the Court Administrator, the Philippine Judicial Academy and the employees of the Judicial and Bar Council.
Section 7. Committee on Decorum and Investigation - Composition, Voting and Term of Office. - The SC-CODI shall be composed of the Clerk of Court as Chairperson; a representative from the Office of the Court Administrator as Vice-Chairperson; and a representative each from the Office of the Chief Attorney, the Office of Administrative Services, the Medical and Dental Services, the Supreme Court Assembly of Lawyer-Employees, Inc. (SCALE), and the Supreme Court Employees Association (SCEA). The representatives of the SCALE and the SCEA shall be designated by their respective governing boards from among officials or members in good standing.
The C.ODIs of the Court of Appeals, the Sandiganbayan and the Court of Tax Appeals shall be composed of the Presiding Justice as Chairperson; the Clerk of Court as Vice-Chairperson; and one representative each from the employees' associations duly accredited by the Office of the Court Administrator.
The CODIs of the Court of Appeals Divisions in Cebu City and Cagayan de Oro City shall be composed of the Executive Justice as Chairperson; the Clerk of Court as Vice-Chairperson; and one representative each from the employees' associations duly accredited by the Office of the Court Administrator.
In multi-sala lower courts, the CODIs shall be composed of the Executive Judge as Chairperson; the Clerk of Court as Vice-Chairperson; and one representative each from the employees' associations duly accredited by the Office of the Court Administrator. In the case of single sala lower courts, the Office of the Court Administrator shall cluster them for the purpose of forming their respective CODIs.
A majority of the members of the CODI shall constitute a quorum. A vote of a majority of the CODI members present, there being a quorum, shall be necessary for the issuance of a recommendation. No CODI member shall participate in any proceeding where he or she is either a complainant or a respondent, or is related by consanguinity or affinity within the third civil degree to the complainant or the respondent.
In case the Chairperson is disqualified or inhibits himself, the Assistant Clerk of Court in the Supreme Court, the most senior Associate Justice in the Court of Appeals, the Sandiganbayan and Court of Tax Appeals, or the Vice-Executive Judge in the lower courts shall serve as the Acting Chairperson of the CODIs in their respective courts.
The members of the CODI shall serve for a term of two years from their date of appointment,
Section 8. Jurisdiction, powers and responsibilities of the CODIs. - The CODIs shall have jurisdiction over all complaints for sexual harassment committed by officials and employees of the Judiciary. They shall:
(a) Receive the complaint, investigate its allegations, and submit a report and recommendation to the proper court or authority, as provided for in Section 18 of this Rule;
(b) Conduct meetings at least once a year with the representatives of the different offices for the purpose of recommending to the appropriate body measures that shall increase and promote understanding and prevent incidents of sexual harassment; and
(c) Perform such other functions as may be necessary and incidental o the achievement of the objectives of Republic Act No. 7877.
Section 9. Complaint. - A complaint for sexual harassment shall be in writing, under oath, and accompanied by a certificate of non-forum-shopping. It shall be supported by the affidavits of witnesses, if any, and other evidence of the complainant. It shall be filed with the Office of the Clerk of Court in which the respondent is an official or employee. A docket number shall be assigned to each complaint filed.
Section 10. Action on the complaint. - If the Committee finds the complaint sufficient in form and substance, a copy thereof shall be served upon the respondent who shall be required to submit an answer under oath and supported by the affidavits of his witnesses and other evidence and furnish a copy thereof to the complainant, within five working days from date of service. The complainant may file a reply within five working days from receipt of the answer.
If the complaint is insufficient in form or substance, the CODI shall recommend its dismissal. The dismissal is without prejudice to the filing of administrative, civil or criminal charges against the complainant and the assisting counsel, if any, if the complaint is manifestly frivolous and filed only for purposes of harassment.
Section 11. Withdrawal of complaint. - The complainant will not be allowed to withdraw the complaint if such withdrawal would prejudice the interest of the service and its ethical standards.
Section 12. Failure to file answer. - In case no answer is filed without any justifiable cause, the respondent shall be deemed to have waived the right to present evidence. The respondent may, however, be allowed to attend the hearings and cross-examine adverse witnesses.
Section 13. Pre-hearing Conference. - Upon receipt of the answer, the CODI shall call the parties to a pre-hearing conference to consider the following:
(a) stipulation of facts;
(b) simplification of issues;
(c) identification and marking of evidence;
(d) waiver of objections to admissibility of evidence;
(e) limitation of the number of witnesses;
(f) dates of subsequent hearings; and
(g) such other matters as may aid in the prompt and just disposition of the complaint.
The parties may file position papers and thereafter submit the case for disposition based on the result of the pre-hearing conference without any need for further hearing.
Section 14. Formal Hearing. - The formal hearing shall be conducted by not less than the majority of the members of the CODI present.
The CODI may order the exclusion from the hearing room of all persons who do not have a direct interest in the case. The order may be made if the CODI determines on the record that requiring a party or any witness to testify in open court would not enhance the ascertainment of truth; would cause the party or witness psychological harm or inability to effectively communicate due to embarrassment, fear, or timidity; would violate the right of a party to privacy; or would be offensive to decency or public morals.
No copy shall be taken nor any examination or perusal of the records of the case or parts thereof be made by any person other than a party or counsel of a party, except by order of the court.
Section 15. Preventive Suspension. - Upon motion of the complainant, or motu proprio, the CODI may recommend to the proper court or authority the preventive suspension of the respondent for a period of thirty days. It may also recommend its extension.
An order of preventive suspension may be issued to temporarily remove the respondent from the scene of the misfeasance or malfeasance and to preclude the possibility of respondent's exerting undue influence or pressure on the witnesses or tampering of documentary evidence on file.
Section 16. Remedy of party from the order of preventive suspension or its denial. - The aggrieved party may file a motion for reconsideration with the proper court or authority within fifteen days from receipt of the order of preventive suspension or its denial.
Section 17. Penalty. - In recommending the penalty to be imposed, the CODIs shall consider the totality of the circumstances, including the following factors:
(a) nature or character of the act;
(b) frequency of occurrence of the act;
(c) abuse of authority;
(d) degree of moral influence or ascendancy;
(e) concealment of the act;
(f) effect on the victim; and
(g) other analogous factors.
Section 18. Report and Recommendation. - Within twenty working days from the termination of the hearing, the CODI shall submit to the proper court or authority its report and recommendation with the complete record of the case. In the Supreme Court, a Division of the Court shall decide the case; however, where the recommended penalty is dismissal from the service, suspension for more than one year, or fine of more than twenty thousand pesos (P20,000.00), the Court en banc shall decide the case.
In the Court of Appeals, Sandiganbayan and Court of Tax Appeals, a Division shall decide the case within sixty days from the date of filing of the last pleading, brief, or memorandum required by the court, regardless of the recommended penalty, subject to review by the Supreme Court, in accordance with the preceding paragraph.
In the lower courts, the Office of the Court Administrator shall decide the case within sixty days from the date of filing of the last pleading, brief, or memorandum required by it, regardless of the recommended penalty, subject to review by the Supreme Court, in accordance with the first paragraph herein.
Section 19. Effect of proceeding on civil and criminal liabilities. - The proceedings taken under this Rule on the imposition of the appropriate penalty shall not interrupt or bar any civil or criminal action which the complainant has filed or may file against the respondent.
Section 20. Guidelines on Proper Work Decorum. - Members, officials and employees of the Judiciary shall be guided on the matter of decorum by (a) the Code of Conduct and Ethical Standards for Public Officials and Employees; (b) the New Code of Judicial Conduct for the Philippine Judiciary; (c) the Code of Professional Responsibility; (d) the Code of Conduct for Court Personnel, and (e) other related issuances of the Court.
Section 21. Transitory Provision. - All administrative cases of sexual harassment against officials and employees of the Judiciary filed after the effectivity of this Rule shall be investigated by the newly-constituted CODIs. Cases already filed before the effectivity of this Rule but not yet heard shall be forwarded to the proper CODIs. Those already filed and undergoing hearings before the effectivity of this Rule shall continue to be heard, and shall thereafter be decided by the court where the case has been filed and heard.
Section 22. Effectivity. - This Rule shall take effect on January 3, 2005 following its publication in a newspaper of general circulation not later than December 20, 2004.
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