ADMINISTRATIVE ORDER NO.

250
June 21, 1995

RULES AND REGULATIONS IMPLEMENTING

REPUBLIC ACT No. 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 officials and employees of the
Department of Labor and Employment are hereby issued. chanroblespublishingcompany

RULE I
Definition of Terms

SECTION 1. Definition 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
Offices and Attached Agencies or shall be the employer or
head of office referred to under Sections 4 and 5 of the Act.
chanroblespublishingcompany

(b) “Secretary” refers to the Secretary of the Department of

Labor and Employment. chanroblespublishingcompany
(c) “Department Official” refers to an official of the
Department with the rank of Director and higher regardless
of salary grade.chanroblespublishingcompany

(d) “Department Employee” refers to an employee of the

Department below the rank of Director. chanroblespublishingcompany

(e) “Overseas Labor Officer” refers to all officer 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 officer who responds to, monitors problems,
complaints, queries or overseas workers and their families
within their jurisdiction. chanroblespublishingcompany

(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.

(h) “Victim” refers to any Department official or employee, any

applicant/client or trainee against whom acts of sexual
harassment have been committed. chanroblespublishingcompany

(i) “Career Position” refers to a position where entrance is

based on merit and fitness to be determined as far as
practicable by a competitive examination or based on
highly technical qualifications. 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 fitness utilized for the career
service. The tenure is limited to a period specified 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. chanroblespublishingcompany

(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. chanroblespublishingcompany

(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
insufficient 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 Officer and to the Supervising Labor and
Employment Officer. chanroblespublishingcompany

(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. Officials and Employees. — This Rules and

Regulations shall apply to any official or employee of the Department,
its offices and bureaus as well as its attached agencies, who complains
of or is complained of sexual harassment, regardless of whether such
official or employee is classified as belonging to the career or non-
career service or holding position under permanent, temporary,
casual or contractual status including overseas labor officers.

SECTION 2. Applicants and Clients. — This Rules shall also

cover applicants for employment in the Department, its offices,
bureaus and attached agencies as well as its clients, trainees and
other persons transacting official matters or business with the
Department against whom acts of sexual harassment may be
committed by Department officials or employees. chanroblespublishingcompany

RULE III
Sexual Harassment

SECTION 1. Who Are Liable. — Sexual harassment is committed

by any DOLE official or employee against another official, employee,
applicant for employment in the Department, client or trainee over
whom he or she has authority, influence 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. chanroblespublishingcompany

SECTION 2. Other Persons Liable. — Any Department official 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. chanroblespublishingcompany

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;

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; chanroblespublishingcompany

c) the above acts would violate or impair the victims rights or

privileges under existing laws; or chanroblespublishingcompany

d) the above acts would result in an intimidating, hostile or

offensive environment for the victim. chanroblespublishingcompany

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.

RULE IV
Forms of Sexual Harassment

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 gratification 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. chanroblespublishingcompany

SECTION 2. Composition in Central Office. — 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-file employees

shall be elected by the employees they represent.

SECTION 3. Composition in Regional Offices and Attached

Agencies. — The Committee in the Regional Offices 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-file employees shall

be elected by the employees they represent.

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 office or attached agency the authority to investigate and
hear sexual harassment cases 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. chanroblespublishingcompany

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.
chanroblespublishingcompany

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 confidentiality 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 filing the complaint shall be called the

COMPLAINANT, while the officer or employee charged or
against whom the complaint is filed shall be called the
RESPONDENT.

b. The complaint shall be filed with the Committee on Decorum

and Investigation.

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 affidavits of witnesses, if
any, together with the complaint.

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 five (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 five (5) days from
receipt of notice, otherwise such complaint shall not be
deemed duly filed. chanroblespublishingcompany

g. A withdrawal of the complaint made or filed 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 filed 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 sufficient if the answer
contains a specific admission or denial of the charge or
charges and a statement of the relevant facts constituting the
respondent’s defense. chanroblespublishingcompany

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 affidavits of witnesses, if any,
together with the answer.

e. The answer may be filed through personal service or by

registered mail. If it is filed by registered mail, the date of
mailing shall be considered as the date of filing. chanroblespublishingcompany

f. Unless otherwise directed by the Committee, failure of the

respondent to file 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 officer 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 officer or employee under

preventive suspension is not finally 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. chanroblespublishingcompany

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.

SECTION 5. Hearing. —

a. After all the pleadings have been submitted, the Committee

may conduct a hearing not earlier than five (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
filing 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 notified of

the scheduled hearing at least five (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.

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.

b. The decision of the Secretary shall be final and executory ten

(10) days after receipt of the copy thereof by the parties
unless a motion for reconsideration is filed with the
Secretary or an appeal is filed 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 file a motion for reconsideration

with the Office of the Secretary within ten (10) days from
receipt of the copy of the decision based on any of the
following grounds:

a.1 New evidence has been discovered which materially

affects the decision.

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 filed on the

date of receipt by the Office of the Secretary, if filed
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. chanroblespublishingcompany

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 office is encouraged to adopt procedures
for the informal settlement of sexual harassment complaints.
 RULE VII
Support Services to Victims

The Department shall extend support services to its officials and

employees who may be victims of sexual harassment committed by
other officials and employees of the Department. chanroblespublishingcompany

SECTION 1. Support and Assistance. — Subject to certain

conditions imposed on official 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
official time. Whenever possible, the victim shall inform the head of
office, 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.chanroblespublishingcompany

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 offices, rendering legal counseling
and assistance shall be posted and/or provided by the HRDS or
IMSD. chanroblespublishingcompany

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 officials and personnel in the Department who have
undergone training for such services. A list of such specially
designated officials and personnel of the Department and other
relevant government and non-government offices shall be publicized
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 officials and employees who are likewise subjected to
acts of sexual harassment committed by client/applicants transacting
business with the Department. chanroblespublishingcompany
 RULE VIII
Guidelines on Proper Decorum

The Guidelines on Proper Decorum is provided as Annex A of this

Rules.

RULE IX
Appeal

The aggrieved party or parties may, within fifteen (15) days, appeal
the decision of the Secretary to the Civil Service Commission. chanroblespublishingcompany

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 office to ensure the establishment of the
Committee on Decorum and Investigation created under Rule V of
this Rules in their respective offices.
chanroblespublishingcompany

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. chanroblespublishingcompany

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.

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.

ANNEX “A”
GUIDELINES ON PROPER DECORUM

The Code of Conduct and Ethical Standards for Public Officials 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)

Consonant to this, DOLE officials 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 office to set an example on how they

should conduct themselves in public office, to see to it that his/her
employees work efficiently 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 benefited. 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. chanroblespublishingcompany

Indulging in certain activities which destroy the prestige of the office

or are inconsistent with the conduct of public service is hereby
discouraged. chanroblespublishingcompany

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 office 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 office 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 office hours. Likewise, avoid loitering or wandering around.

Minimize receiving and/or entertaining personal visitors during

office hours for reasons not connected with work in the DOLE. chanroblespublishingcompany

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.
No gambling is allowed within the office premises including games
and sport activities whereby betting is involved.
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