Whereas, Section 11, Article II of the 1987 Philippine Constitution provides that the State values the dignity of every human person and guarantees full respect for human rights. Whereas, the Vienna Declaration and Programme of Action of the World Conference on Human Rights (June 1993) and the Beijing Declaration and Platform for Action of the Fourth World Conference on Women (September 1995) 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 rights and fundamental freedoms.Whereas, the Philippines, with other States of the World, has reaffirmed, through the Vienna Declaration and Programme of Action and the 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 Nations, other instruments relating to human rights, and international law.Whereas, the Vienna Declaration and Programme of Action stresses that all forms of sexual harassment are incomparable with the dignity and worth of the human person and must be eliminated by legal measures and through national action, while the Beijing Platform for Action specifically mandates Governments to “enact and/or reinforce penal, civil, labour and administrative sanctions in domestic legislation to punish and redress” violence against women including sexual harassment and “develop programmes and procedures to eliminate sexual harassment and other forms of violence against women in all educational institutions, workplaces and elsewhere;” Whereas, the Philippine Congress enacted on February 14, 1995, Republic Act No.
7877, otherwise known as the “Anti-Sexual Harassment Act of 1995”, which took effect on March 5, 1995 and declares unlawful sexual harassment against women and men in the employment, education and training environment.Whereas, Section 4 (a) of Republic Act No. 7877 mandates every employer or head of agency in the public and private sectors to promulgate rules and regulations prescribing the procedure for the investigation of sexual harassment cases and the administrative sanctions therefor; Whereas, there 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.Whereas, Section 3, Article IX (B) of the 1987 Constitution, Section 1 and Section 12 (19), Subtitle A, Title I of Book V of the Administrative Code of 1987 (Executive Order No. 292) and Section 4 (B), Republic Act No. 6713, otherwise known as the “Code of Conduct and Ethical Standards for Public Officials and Employees,” empower the Civil Service Commission, as the central personnel agency of the Government, to adopt positive measures for the observance of substantive and procedural administrative standards, including standards for the personal conduct of government officials and employees, in order to promote morale, efficiency, integrity, responsiveness and progressiveness in the entire government bureaucracy.
Whereas, Section 4 of Republic Act NO. 6713 provides norms of personal conduct for public officials and employees to observe in the performance of official duties, and specifically directs that they shall act without discrimination against anyone, and shall at all times respect the rights of others and refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest.Whereas, sexual 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, therefore, this 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.
