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NCMF CODI and its Procedural Rules

OFFICE ORDER
No.: ___________
Series of 2022

Subject : Creation of Committee on Decorum and Investigation

(CODI) and Adopting Procedural Rules for Sexual
Harassment Cases in the NCMF

Date : July 27, 2022

_________________________________________________________________________

In the interest of service and pursuant to the provisions of Civil

Service Commission (CSC) Resolution No. 01-0940\ the Committee and
Procedural Rules of the CODI in the National Commission on Muslim
Filipinos (NCMF) is hereby issued as follows:

RULE I
DECLARATION OF POLICY

Section 1. It is the policy of the NCMF to uphold and guarantee full

respect for human rights and uphold the dignity of workers,
employees, applicants for employment, including on-the-job
training in the office. Towards this end, the NCMF is committed
to prevent the commission of acts of sexual harassment. By
reason of which, the following Committee composition and its
procedures for the investigation, resolution, settlement,
imposition of administrative sanctions, or prosecution thereof in
proper cases, are hereby adopted.

RULE II
COVERAGE

Section 1. This covers the NCMF Central Office, consisting of the

Office of the Secretary, Office of the Commissioners, Office of
Executive Director, Deputy Executive Director, Bureaus and
Services, and the 11 (eleven) Regional Offices (including its
respective Provincial Offices).

RULE III
DEFINITION OF TERMS

Section 1. As used in this NCMF CODI Rules, the following terms

shall mean:

(a) "Committee on Decorum and Investigation of Sexual

Harassment Cases" or "CODI" - refers to the committee on
decorum and investigation of sexual harassment cases as
1
Entitled: Administrative Disciplinary Rules on Sexual Harassment Cases, 21 May 2001.
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herein constituted and authorized by the Secretary of NCMF

in the Central Office and 11 Regional Offices, respectively,
pursuant to Section 4(b) of Republic Act (R.A.) 7877,
otherwise known as the "Anti-Sexual Harassment Act of
1995."

(b) "Sexual harassment cases" or "sexual harassment" -

include/s: (1) any act committed by a government official or
employee, of asking sexual favors from an individual in
exchange, or as condition, for employment, reemployment, or
continued employment, promotion, grant of local/foreign
travels, scholarship, privileges and other favorable terms and
conditions in connection therewith; or giving of passing
grades or favorable terms to student-trainees or on-the-job
training in the office; (2) any act purposely employed by such
government official or employee to limit, segregate, or classify
the individual employee; or which in any way discriminate,
deprive, or diminish individual employment opportunities by
reason of refusal to grant sexual favors; and (3) all such acts
which the Civil Service Commission may, from time to time,
define, designate, or classify as forms of sexual harassment
committed by a government official or employee: Provided
that, the acts herein contemplated shall include direct or
indirect participation or cooperation and inducement to
another to commit acts constituting sexual harassment; and
Provided, further, that sexual harassment, as an
administrative offense, shall refer to any act or series of acts
involving any unwelcome sexual advance, request or demand
for a sexual favor, or other verbal or physical behavior of a
sexual nature, committed by a government employee or
official in a work-related, training or education related
environment2 of the person complained of.

(c) "Persons liable for sexual harassment" - refers to any

government official or employee of the NCMF whether holding
permanent or temporary position, regardless of sex or gender.

(d) “NCMF” – refers to the Office of the Secretary, Office of the

Commissioners, Office of Executive Director, Deputy
Executive Director, 7 (seven) Bureaus, 3 (three) Services, as
well as the 11 (eleven) Regional Offices and other filed offices
that form part of the Commission.

(e) "Disciplining authority" - refers to the NCMF Secretary, upon

the concurrence of the Commission en banc as provided by
R.A. No. 9997, otherwise known as the NCMF Act of 2010.

RULE IV
COMMITTEE ON DECORUM AND INVESTIGATION FOR
SEXUAL HARASSMENT CASES

Section 1. Composition. The Committee on Decorum and

Investigation of Sexual Harassment Cases on Decorum and
investigation shall be composed of the following:
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A. Central Office Committee:

Chairperson : Executive Director

2
Complete definition under Section 3 of R.A. No. 7877, the "Anti-Sexual Harassment Act of 1995" and Sections 3 and 4 of
Co-Chairperson
CSC Resolution No. 01-0940. : BLA Director
Members : Administrative Service Director
1 (one) Second Level Representative
1 (one) First Level Representative
Secretariat : Human Resource Development Division

B. Regional Office Committee:

Chairperson : Regional Director

Co-Chairperson : Chief of Legal Division
Members : Chief Administrative Officer
1 (one) Second Level Representative
1 (one) First Level Representative
Secretariat : Human Resource Officers

Section 2. Functions. - The CO-CODI and RO-CODI shall have the

following functions and duties:

(a) Receive all complaints involving sexual harassment allegedly

committed by any government official or employee of the
NCMF;

(b) Conduct investigations of alleged sexual harassment cases

and submit a report of its findings and recommendation to
the disciplining authority for decision;

(c) Conduct meetings, trainings or related activities, as may be

necessary, with officers and employees to promote better
understanding of anti-sexual harassment laws and its
implementing rules and prevent incidents of sexual
harassment;

(d) Disseminate information by posting copies of anti-sexual

harassment laws in the offices and workplace; and

(e) Lead in the conduct of discussions about sexual harassment

within the CO and ROs to increase understanding and
prevent incidents of sexual harassment.

Section 3. Procedure in handling of complaint. - The following shall

be observed in handling complaints involving sexual
harassment:

(a) All complaints involving sexual harassment cases

contemplated herein shall be directly filed with the Central
Office and Regional Office CODI, as the case may be. If the
complaint is sent by mail, electronic mail, or other means of
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communication, the receiving office/personnel shall route the

same to Central Office and Regional Office CODI within ten
(10) days from receipt.

(b) The complaint must be in writing and duly signed and sworn
to by the complainant, containing: 1) the full name and
address of the complainant; 2) the full name, address, and
government position of the respondent; 3) brief narration of
the incident; 4) evidence in support of the complaint; and 5)
certification of non-forum shopping.

(c) If the complaint is not under oath, or does not comply with
any of the requirements stated in Section 2 (b) hereof, the
Central Office and Regional Office CODI may summon or
notify the complainant to comply within ten (10) days from
receipt of summon or notice for compliance.

(d) Withdrawal of the complaint may be allowed at any stage of

the proceedings without preventing the Central Office and
Regional Office CODI, in proper cases, to conclude its
investigation and make a report of its findings and
recommendation to the disciplining authority when the
evidence so warrants.

Section 4. Action on the complaint. - After evaluating the complaint,

the Central Office or Regional Office CODI shall:
(a) Dismiss the complaint for non-compliance of the requirement;
or
(b) Proceed with the investigation if the complaint is sufficient in
form and substance.

Section 5. Preliminary Investigation of the complaint. - The

investigation of the complaint by Central Office or Regional Office
CODI shall proceed as follows:

(a) Within five (5) days from receipt of the complaint, the Central
Office or Regional Office CODI shall commence the
investigation by notifying the respondent of the complaint
filed against him with a directive for him to submit his
counter-affidavit/comment under oath and evidence in his
defense within three (3) days from receipt of notice.

(b) Upon receipt of the counter-affidavit/comment under oath

and evidence submitted by the respondent, the Central Office
or Regional Office CODI shall conduct an ex-parte
examination of the documents submitted by the parties,
including available records of the case.

(c) The preliminary investigation shall terminate within fifteen

(15) days from its commencement. The Central Office or
Regional Office CODI shall within five (5) days from such
termination submit to the disciplining authority a report of
its findings with a recommendation on whether or not there
exists a prima facie case to warrant the issuance of a formal
charge against the respondent. If there is no prima facie case
to formally charge the respondent, the case shall be
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dismissed within that 5-day period. All proceedings before

the CODI shall be held under strict confidentiality.

Section 6. Formal Charge - The formal charge, to be signed by the

disciplining authority, shall specify the acts constituting the
offense and all supporting evidence, with a directive for
respondent to submit his answer under oath within seventy-two
(72) hours from receipt thereof and he should state whether or
not he elects a formal investigation of the complaint, if the
respondent does not elect a formal investigation, the conduct of a
hearing shall follow.

Section 7. Answer - The answer must be in writing and under oath,

containing respondent's defense and evidence with a statement
on whether or not he elects a formal investigation of the
complaint. The non-filing of an answer within the prescribed
period shall constitute a waiver to file an answer and a formal
investigation shall commence thereafter.

Section 8. Conduct of formal investigation - The Central Office or

Regional Office CODI shall conduct the formal investigation not
earlier than five (5) days but not later than ten (10) days from
receipt of the answer. At the start of the formal investigation, the
Central Office or Regional Office CODI may conduct a pre-
hearing conference for stipulation of facts, simplification of
issues, marking of evidence, waiver of objections to the
admissibility of documents, and other matters to aid the prompt
disposition of the case. After the pre-hearing conference, the
parties may choose to submit the case for resolution without
further hearing.

Section 9. Conduct of hearing - The hearing shall be conducted in

this order:

(a) presentation of complainant's evidence; and

(b) presentation of respondent's evidence. In both cases, the
parties may cross-examine the witnesses. Thereafter, the
parties shall submit their formal offer of evidence in writing.

Section 10. Submission of formal investigation report - After fifteen

(15) days from the termination of the formal investigation, the
Central Office or Regional Office CODI shall submit the report of
its findings and recommendation to the disciplining authority.

Section 11. When case is decided - The disciplining authority, after

consulting the Commission en banc, shall decide the case within
thirty (30) days from receipt of the formal investigation report.

Section 12. Finality of decision - A decision rendered by the

disciplining authority where the penalty of suspension for not
more than thirty (30) days, or a fine in the amount not exceeding
thirty (30) days' salary is imposed, shall be final and executory
and not appealable, unless a motion for reconsideration is
seasonably filed.
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However, the respondent may file an appeal when the issue

raised is a violation of due process.

If the penalty imposed is suspension exceeding thirty (30)

days, or a fine in an amount exceeding thirty (30) days' salary,
the same shall be final and executory after the lapse of the
reglementary period for filing a motion for reconsideration or an
appeal and no such pleading has been filed. A motion for
reconsideration may be taken by the respondent within fifteen
(15) days from receipt of the decision of the disciplining
authority.

Section 13. Filing of motion for reconsideration or appeal, and

subsequent proceedings, and other matters not covered by this
NCMF CODI Rules – The filing of a motion for reconsideration
and appeal, and subsequent proceedings and other matters not
covered by this NCMF CODI Rules shall be governed by existing
Civil Service Rules on the matter.

Section 14. Imposition of penalties - The imposition of penalties on

any government officer or employee found to have committed
sexual harassment shall be meted the penalty prescribed by the
existing Civil Service Rules on the matter.

RULEV
EFFECTIVITY CLAUSE

Section 1. This NCMF CODI Rules shall take effect upon its approval
by the Civil Service Commission. Any subsequent changes in or
amendments thereto shall be subjected to the approval of the
Civil Service Commission and shall not take effect until six (6)
months from the date of approval.

Section 2. This Order takes effect immediately and shall remain in

force until further orders.

GUILING A. MAMONDIONG
Secretary