C. The following shall be considered Light Offenses;
1. surreptitiously looking or staring a look of a person’s private part or worn
undergarments;
2. telling sexist/smutty jokes or sending these through text, electronic mail or other
similar means, causing embarrassment or offense and carried out after the offender has
been advised that they are offensive or embarrassing or, even without such advise,
when they are by their nature clearly embarrassing, offensive or vulgar;
3. malicious leering or ogling;
4. the display of sexually offensive pictures, materials or graffiti;
5. unwelcome inquiries or comments about a person’s sex life;
6. unwelcome sexual flirtation, advances, propositions;
7. making offensive hand or body gestures at an employee;
8. persistent unwanted attention with sexual overtones;
9. unwelcome phone calls with sexual overtones causing discomfort, embarrassment,
offense or insult to the receiver; and
10. other analogous cases.
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RULE XI
ADMINISTRATIVE LIABILITIES
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Section 55. Any person who is found guilty of sexual harassment shall, after the
investigation, be meted the penalty corresponding to the gravity and seriousness of the
offense.
Section 56. The penalties for light, less grave, and grave offenses are as follows:
A. For light offenses:
1st offense – Reprimand 2nd offense – Fine or suspension not exceeding thirty (30)
days 3rd offense – Dismissal
B. For less grave offenses:
1st offense – Fine or suspension of not less than thirty (30) days and not
exceeding six (6) months 2nd offense – Dismissal
C. For grave offenses: Dismissal” (Emphasis added)
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Applying the foregoing provisions, the Court finds that the sexual harassment offense
petitioner committed falls under less grave offenses which is analogous to “unwanted
touching or brushing against a victim’s body”, and to “derogatory or degrading remarks
or innuendoes directed toward the members of one sex”, with the corresponding
maximum penalty of six (6) months suspension without pay.36
cralawred
Section 53 of CSC Resolution No. 99-1936, or the Uniform Rules on Administrative
Cases in the Civil Service (URACCS),37 states that in the determination of the penalties
to be imposed, mitigating, aggravating and alternative circumstances attendant to the
commission of the offense shall be considered. The following circumstances shall be
appreciated:
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a. Physical Illness
b. Good faith