June 21, 1995

DOLE ADMINISTRATIVE ORDER NO. 250-95

RULES AND REGULATIONS IMPLEMENTING R.A. 7877 (ANTI-SEXUAL HARASSMENT

ACT OF 1995) IN THE DEPARTMENT OF LABOR AND EMPLOYMENT

Pursuant to the provisions of Section 4, Republic Act No. 7877, An Act Declaring
Sexual Harassment Unlawful In the Employment, Education or Training Environment,
And For Other Purposes, the following Rules and Regulations governing the prevention
of sexual harassment, procedure for the resolution, settlement and/or disposition of
sexual harassment cases, as well as prescribing the proper decorum in the workplace
for o cials and employees of the Department of Labor and Employment are hereby
issued.
RULE I
Definition of Terms
SECTION 1. De nition of Terms . — As used in this Rules, the following terms
shall mean and be understood as indicated below:
(a) "Department" refers to the Department of Labor and Employment
including its Services, Bureaus, Regional O ces and Attached
Agencies or shall be the employer or head of o ce referred to under
Sections 4 and 5 of the Act.
(b) "Secretary" refers to the Secretary of the Department of Labor and
Employment. IaEACT

(c) "Department O cial" refers to an o cial of the Department with the

rank of Director and higher regardless of salary grade.
(d) "Department Employee" refers to an employee of the Department
below the rank of Director.
(e) "Overseas Labor O cer" refers to all o cer assigned abroad who
acts as an operating arm of the Department for the administration
and enforcement of DOLE policies and programs, labor and
employment laws, rules and regulations applicable to overseas
workers. It may also refer to an o cer who responds to, monitors
problems, complaints, queries or overseas workers and their families
within their jurisdiction.
ECDaTI

(f) "Applicant/Client" refers to a person seeking employment in the

Department or any person who seeks assistance and/or avails of the
various services, projects and programs of the Department,
applicants for licenses, permits and all other individuals transacting
official matters or business in the Department.
(g) "Trainee" refers to a person undergoing an organizational and
instructional process undertaken by the Department through which an
individual acquires any knowledge and skill.

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 (h) "Victim" refers to any Department o cial or employee, any
applicant/client or trainee against whom acts of sexual harassment
have been committed.
(i) "Career Position" refers to a position where entrance is based on
merit and tness to be determined as far as practicable by a
competitive examination or based on highly technical quali cations.
The position is characterized by opportunities for advancement to
higher career positions and security of tenure.
(j) "Non-Career Position" refers to a position requiring entrance based on
factors or criteria other than those of the usual tests of merit and
tness utilized for the career service. The tenure is limited to a period
speci ed by law or which is co-terminus with that of the appointing
authority or subject to his pleasure. It may also be limited to the
duration of a particular project for which employment was made.
(k) "Permanent Status" refers to the status of an employee once he
meets all the requirements for the position to which he is being
appointed, including the appropriate civil service eligibility
requirement. ASHaTc

(l) "Temporary Status" refers to an employment status of an employee

who is not a civil service eligible but meets the other requirements of
the position.
(m) "Casual Status" refers to an appointment which is good only when
such services are essential and necessary and the regular staff
complement of the employing agency is insu cient to carry out the
demands of the service.
(n) "Supervisory Employee" refers to one who, in the interest of the
employer, effectively recommends managerial actions such as hiring,
transferring, suspending, laying-off, recalling, discharging, assigning
or disciplining employees if the exercise of such authority is not
merely routinary or clerical in nature but requires the use of
independent judgment. In the Department, this refers to the Chief
Labor and Employment O cer and to the Supervising Labor and
Employment Officer.
(o) "Rank-and-File Employee" refers to one not falling within the
definition of supervisory employee.
(p) "Committee" refers to the Committee on Decorum and Investigation
in the Central and Regional Offices and Attached Agencies.
RULE II
Coverage
SECTION 1. O cials and Employees . — This Rules and Regulations shall
apply to any o cial or employee of the Department, its o ces and bureaus as well as
its attached agencies, who complains of or is complained of sexual harassment,
regardless of whether such o cial or employee is classi ed as belonging to the career
or non-career service or holding position under permanent, temporary, casual or
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 contractual status including overseas labor officers. SDIaCT

SECTION 2. Applicants and Clients. — This Rules shall also cover applicants
for employment in the Department, its o ces, bureaus and attached agencies as well
as its clients, trainees and other persons transacting o cial matters or business with
the Department against whom acts of sexual harassment may be committed by
Department officials or employees.
RULE III
Sexual Harassment
SECTION 1. Who Are Liable. — Sexual harassment is committed by any DOLE
o cial or employee against another o cial, employee, applicant for employment in the
Department, client or trainee over whom he or she has authority, in uence or moral
ascendancy regardless of whether or not the demand, request or requirement for
submission to such acts is accepted by the person against whom acts of sexual
harassment are alleged are to have been committed.
SECTION 2. Other Persons Liable. — Any Department o cial or employee
who directs or induces another to commit any act of sexual harassment as stated
under this Section 1 of this Rule or who cooperated in the commission thereof by
another without which it would not have been committed, shall also be liable for sexual
harassment.
SECTION 3. When Committed. — Sexual harassment is committed when:
a) a sexual favor is made as a condition in hiring, re-employment or
continued employment or in granting favorable compensation,
promotions or privileges, and other terms and conditions of
employment; AaSCTD

b) the refusal to grant sexual favor, demand, request or requirement

results in limiting, segregating or classifying an employee which in any
way would discriminate against, deprive or diminish the victim of
employment opportunities or otherwise adversely affect said victim;
c) the above acts would violate or impair the victims rights or privileges
under existing laws; or
d) the above acts would result in an intimidating, hostile or offensive
environment for the victim.
SECTION 4. Where Committed. — Sexual harassment may be committed in
any work or training environment. It may include but are not limited to the following:
a) in or outside the office building or training site;
b) at office or training-related social functions;
c) in the course of work assignments outside the office;
d) at work-related conferences, studies or training sessions; or
e) during work-related travel. SHTaID

RULE IV
Forms of Sexual Harassment
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 SECTION 1. Forms of Sexual Harassment. — Sexual harassment may be
committed in any of the following forms:
a) Overt sexual advances;
b) Unwelcome or improper gestures of affection;
c) Request or demand for sexual favors including but not limited to
going out on dates, outings or the like for the same purpose;
d) Any other act or conduct of a sexual nature or for purposes of sexual
grati cation which is generally annoying, disgusting or offensive to
the victim.
RULE V
Committee on Decorum and Investigation
SECTION 1. Creation. — The Committee on Decorum and Investigation shall
be established in the Central and Regional Offices and Attached Agencies. DISaEA

SECTION 2. Composition in Central O ce . — The Committee in the Central

Office may be composed of the following:
1) Assistant Secretary for
Management Services - Chairperson
2) Director, Legal Service - Vice-Chairperson
3) Director, Human Resource
Development Service - Member
4) President, DOLE Employees
Union or representative - Member
5) Representative of Supervisors - Member
6) Representative of the
Rank and File - Member
Members representing the supervisory and rank-and- le employees shall be
elected by the employees they represent. AEHCDa

SECTION 3. Composition in Regional O ces and Attached Agencies . — The

Committee in the Regional O ces and Attached Agencies may be composed of the
following:
1) Resident Ombudsperson - Chairperson
2) Representative of Management - Member
3) President or Representative
of Employees Union or
Association - Member
4) Representative of Supervisors - Member
5) Representative of the Rank
and File - Member
Representatives of the supervisors and rank-and- le employees shall be elected
by the employees they represent. ATcaHS

SECTION 4. Functions. — The Committee shall receive complaints,

investigate and hear sexual harassment cases, prepare and submit reports with
corresponding recommendations for the decision of the Secretary.
The Secretary may delegate to the appropriate committee in the regional o ce
or attached agency the authority to investigate and hear sexual harassment cases
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 arising out of its jurisdiction in accordance with the procedure set forth under Rule VI of
this Rules. The Committee shall submit to the Secretary the results of its investigation
and the corresponding recommendations, copy furnished the regional director or head
of the attached agency.
Any member of the Committee who complains of or is complained against
sexual harassment shall inhibit himself/herself from participating in the deliberations of
the Committee.
SECTION 5. Other Functions. — The Committee shall develop and implement
programs to increase understanding and awareness about sexual harassment. In
addition, the Committee shall develop rules in the settlement and disposition of sexual
harassment complaints, taking into consideration con dentiality and respect to
privacy. The Committee shall also ensure that no complainant shall be subjected to
further harassment or retaliation by the person alleged to have committed acts of
sexual harassment.
RULE VI
Procedure
SECTION 1. Complaint. —
a. The party ling the complaint shall be called the COMPLAINANT, while
the o cer or employee charged or against whom the complaint is
filed shall be called the RESPONDENT.
b. The complaint shall be led with the Committee on Decorum and
Investigation.TSCIEa

c. No particular form is required but the complaint must be in writing,

signed and sworn to by the complainant. It must contain the
following:
c.1 the full name and address of the complainant;
c.2 the full name and address of the respondent;
c.3 a specification of the charge or charges;
c.4 a brief statement of the relevant and material facts.
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.
d. In support of the complaint, the complainant shall submit any
evidence he/she has, including a davits of witnesses, if any, together
with the complaint. HTaSEA

e. Where the complaint is vague or too general, the Committee may

require the complainant to specify the acts complained of as sexual
harassment in writing within ve (5) days from receipt of the notice,
otherwise, the complaint shall be dismissed.
f. Complaints sent by telegrams, radiograms and similar means of
communication shall comply with the requirements enumerated in
Section 1 (c) above within ve (5) days from receipt of notice,
otherwise such complaint shall not be deemed duly filed.
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 g. A withdrawal of the complaint made or led at any stage of the
proceedings shall not preclude the Committee from proceeding with
the investigation of the case.
SECTION 2. Answer. —
a. Answers shall be led within ten (10) days from the receipt of the
complaint.
b. The answer shall be in writing, signed and sworn to by the respondent,
and copy furnished the complainant. No particular form is required
but it is su cient if the answer contains a speci c admission or
denial of the charge or charges and a statement of the relevant facts
constituting the respondent's defense. DaCEIc

c. The respondent shall indicate in his/her answer whether or not he/she

elects a formal investigation.
d. In support of the answer, the respondent shall submit any evidence
he/she has including a davits of witnesses, if any, together with the
answer.
e. The answer may be led through personal service or by registered
mail. If it is led by registered mail, the date of mailing shall be
considered as the date of filing.
f. Unless otherwise directed by the Committee, failure of the respondent
to le an answer or to appear in the investigation shall be construed
as a waiver to present evidence in his/her behalf. On the basis of
evidence and pleadings submitted and the report/recommendation of
the Committee referred to under Section 6 hereof, the Secretary shall
then resolve the case.
SECTION 3. Reply. —
The complainant may file a reply within ten (10) days from receipt of the answer.
SECTION 4. Preventive Suspension. —
a. The Secretary may suspend any o cer or employee for not more than
ninety (90) days pending an investigation, if there are strong reasons
to believe that the respondent is guilty of charges which would
warrant his/her removal from the service.
b. When the case against the o cer or employee under preventive
suspension is not nally decided within a period of ninety (90) days
after the date of suspension of the respondent, he/she shall be
automatically reinstated in the service; 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 the delay shall not be counted in
computing the period of suspension. HCDaAS

c. The Secretary may recommend to the President the preventive

suspension of a presidential appointee on the grounds provided
under Section 4 (a) of this Rule.

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 SECTION 5. Hearing. —
a. After all the pleadings have been submitted, the Committee may
conduct a hearing not earlier than ve (5) days nor later than ten (10)
days from the date of receipt of the respondent's answer or
complainant's reply if any, and shall terminate such hearing within
thirty (30) days from the ling of the charges. However, the
Committee may extend the period of hearing if it deems necessary.
b. The parties and their respective witnesses shall be noti ed of the
scheduled hearing at least ve (5) days before the date thereof,
specifying the time, date and place of hearing.
c. Either party may require the attendance of witnesses and the
production of documentary evidence in his/her favor through the
compulsory processes of subpoena or subpoena duces tecum. CHaDIT

d. Either party may avail himself/herself of the services of counsel.

e. No postponement shall be granted except in meritorious cases.
f. All documentary evidence shall be admitted for whatever value they
may have and shall be attached to the record of the case.
g. The parties may be required to submit their respective memoranda
within ten (10) days after the hearing of their case.
SECTION 6. Report and Recommendation. —
A report/recommendation shall be submitted by the Committee to the Secretary
within fifteen (15) days after conclusion of the investigation or hearing.
SECTION 7. Decision. —
a. Within thirty (30) days from receipt of the Committee report and
recommendation, the Secretary shall render his/her decision. HTASIa

b. The decision of the Secretary shall be nal and executory ten (10)
days after receipt of the copy thereof by the parties unless a motion
for reconsideration is led with the Secretary or an appeal is led with
the Civil Service.
SECTION 8. Administrative Penalty. —
Sexual harassment amounts to disgraceful and immoral conduct. Such conduct
is classified as a grave offense and shall be punishable as follows:
1. First Offense: Suspension for six (6) months and one (1) day to one
(1) year.
2. Second Offense: Dismissal.
SECTION 9. Motion for Reconsideration. —
a. The aggrieved party may le a motion for reconsideration with the
O ce of the Secretary within ten (10) days from receipt of the copy
of the decision based on any of the following grounds:

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 a.1 New evidence has been discovered which materially affects
the decision.DcCEHI

a.2 The decision is not supported by the evidence on record.

a.3 Errors of law or misappreciation of facts.
b. The motion for reconsideration shall be deemed led on the date of
receipt by the O ce of the Secretary, if led personally, or on the date
shown by the postmark on the envelope which shall be attached to
the records of the case if by registered mail.
c. A motion for reconsideration suspends the running of the period for
appeal.
Administrative sanctions shall not be a bar to prosecution in the proper courts
for unlawful acts of sexual harassment.
SECTION 10. Informal Settlement. —
Every employer or head of o ce is encouraged to adopt procedures for the
informal settlement of sexual harassment complaints. cAECST

RULE VII
Support Services to Victims
The Department shall extend support services to its o cials and employees who
may be victims of sexual harassment committed by other o cials and employees of
the Department.
SECTION 1. Support and Assistance. — Subject to certain conditions
imposed on o cial leave of absence, the victim may pursue activities indispensible to
the prosecution of administrative, civil or criminal action, as the case may be, for sexual
harassment on o cial time. Whenever possible, the victim shall inform the head of
o ce, who is not the person complained of, at least one (1) day in advance of the
intended date to undertake such activities on official time.
The Human Resource Development Service/Internal Management Services
Division (HRDS/IMSD) shall set up a system of referral for those seeking legal services.
A directory of existing organizations, government and non-government o ces,
rendering legal counseling and assistance shall be posted and/or provided by the HRDS
or IMSD. SEACTH

SECTION 2. Counseling Services. — The victim may also avail of counseling

services for emotional and moral support. The HRDS/IMSD shall set up a system of
referral for those seeking counseling services. Such may also be obtained from
specially designated o cials and personnel in the Department who have undergone
training for such services. A list of such specially designated o cials and personnel of
the Department and other relevant government and non-government o ces shall be
publicised or posted or a copy of which can be obtained from the HRDS/IMSD.
The services mentioned under this section may be availed of by Department
o cials and employees who are likewise subjected to acts of sexual harassment
committed by client/applicants transacting business with the Department.
RULE VIII
Guidelines on Proper Decorum
The Guidelines on Proper Decorum is provided as Annex A of this Rules.
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 RULE IX
Appeal
The aggrieved party or parties may, within fteen (15) days, appeal the decision
of the Secretary to the Civil Service Commission. DaAISH

RULE X
Independent Action for Damages
Nothing in this Rules shall preclude the victim of sexual harassment from
instituting a separate and independent action for damages and other affirmative relief.
RULE XI
Prescription
Any action arising from the violation of any provision of this Rule or Act shall
prescribe within three (3) years from the commission of the act complained of.
RULE XII
Responsibility of the Head of Office
SECTION 1. Establishment of Committee. — It shall be the responsibility of
the head of o ce to ensure the establishment of the Committee on Decorum and
Investigation created under Rule V of this Rules in their respective offices. TADIHE

SECTION 2. Immediate Action on Complaints. — It shall likewise be his/her

obligation to act immediately on any complaint arising from acts of sexual harassment
committed in their respective employment environment.
For purposes of the preceding paragraph, immediate action shall mean acting on
the information within two (2) days from the time such information was given by the
offended party.
RULE XIII
Effect on Administrative Order No. 68
This Rules supersedes the provisions of Administrative Order No. 68, S. of 1992.
RULE XIV
Effectivity
This Rules and Regulations shall take effect upon signing by the Acting Secretary.
cDCIHT

The Department shall disseminate or post a copy of this Rules in at least two (2)
conspicuous places in the workplace for information of all concerned. A copy thereof
shall be filed with the University of the Philippines Law Center.

(SGD.) JOSE S. BRILLANTES

Acting Secretary

WE CONCUR:

(SGD.) JOHNNY P. GARCIA

Secretary General
DOLE Employees Union
Done in the City of Manila, Philippines this 21st of June, 1995.
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 ANNEX A

GUIDELINES ON PROPER DECORUM

The Code of Conduct and Ethical Standards for Public O cials and Employees
(R.A. 6713) shall serve as anchor of this Guidelines, which states among others that,
"It is the policy of the State to promote a high standard of ethics in public service.
Public officials and employees shall at all times be accountable to the people and
shall discharge their duties with utmost responsibility, integrity, competence, and
loyalty, act with patriotism and justice, lead modest lives, and uphold public
interest over personal interest." (Sec. 1, Rule II of Rules Implementing RA 6713) IEHDAT

Consonant to this, DOLE o cials and employees must behave and conduct
themselves in a manner that is above reproach and worthy of respect and emulation of
others. Their actions must be governed by a desire to render the best possible service
to the public in the most ethical manner.
Likewise, they are expected to be always conscious of their responsibilities and
commitment to the DOLE, and to maintain high standards of morality, integrity and
professionalism. Friendship and teamwork are encouraged but enough distance should
be accorded to each employee's individuality, giving rightful chance to privacy and
respect.
It is incumbent upon the head of o ce to set an example on how they should
conduct themselves in public o ce, to see to it that his/her employees work e ciently
in accordance with Civil Service Rules and Regulations, ensure a healthy working
atmosphere wherein co-workers treat each other with respect, courtesy and
cooperation, so that in the end public service will be bene ted. In the same manner,
employees are expected to show respect and courtesy towards their superiors,
subordinates and peers. Courtesy demands that one set a good example.
Indulging in certain activities which destroy the prestige of the o ce or are
inconsistent with the conduct of public service is hereby discouraged.
Hereunder are guidelines including, but not limited to, some rules based on
accepted norms of behavior in the public service that should prevail in the o ce in
order to maintain a healthy and wholesome environment, and prevent incidents of
sexual harassment:
A. Convey an image of professionalism and authority.
Employees are required to wear the prescribed o ce uniform in accordance
with the assigned schedule. When wearing of uniform is not required, they must be
modestly dressed. Discriminate use of jewelry is acceptable.
Both employees and visitors are required to wear their I.D. Card/Visitor's Card at
all times while inside the DOLE office premises.
B. Steer conversation to productive work or career topics and avoid discussing personal
life.
Office gossip should be avoided. Beware of obscene conversations.
C. Be assertive and in control.
Develop skills to handle aggressive people and difficult social situations.
D. Do not ask for or offer special favors.
E. Avoid conducting personal business during working hours.
Unless necessary, refrain from leaving respective place of assignment during
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 office hours. Likewise, avoid loitering or wandering around. aTEHIC

Minimize receiving and/or entertaining personal visitors during o ce hours for

reasons not connected with work in the DOLE.
Unauthorized possession, bringing, and drinking of alcoholic beverages in the
DOLE premises or reporting for work under the influence of liquor is strictly prohibited.
Avoid willful showing or exhibiting of pornographic/obscene materials, pictures,
or literatures within the DOLE premises.SHDAEC

No gambling is allowed within the o ce premises including games and sport

activities whereby betting is involved.

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