Bangsamoro Administrative Orders & IRRs BARMM AO No. 5 s. 2023BARMM AO No. 5 s. 2023 2023-11-09T17:13:07.000+08:00

Administrative Order No. 005 s. 2023

Bangsamoro Autonomous Region in Muslim Mindanao Bangsamoro Government Center,Governor Gutierrez Avenue, Rosary Heights VII, Cotabato City 9600 OFFICE OF THE CHIEF MINISTER 3kepublit of the Philippines

ADMINISTRATIVE ORDER NO.0 0 5

Series of 2023

CONSTITUTING THE COMMITTEE ON DECORUM AND INVESTIGATION (CODI) OF SEXUAL HARASSMENT CASESIN THE OFFICE OF THE CHIEF MINISTER

"the State values the dignity of every human person and guarantees full respect for human rights;" WHEREAS, Section 11, Article 2 of the 1987 Philippine Constitution provides that

principles of utmost dedication, devotion, honesty, justice, integrity, and excellence; completely devoid of all evils of graft and corruption, and explicitly driven by the moral WHEREAS, Moral Governance refers to the set of rules, practices, and processes

individual, enhance the development of its human resources, guarantee full respect for Harassment Act of 1995, provides that "the State shall value the dignity of every human rights, and uphold the dignity of workers, employees, applicants for employment, WHEREAS, Republic Act No. 7877, otherwise known as the Anti-Sexual

students or those undergoing training, instruction or education. Towards this end, all hereby declared unlawful." The same act also mandates the creation of a Committee on forms of sexual harassment in the employment, education, or training environment are

Decorum and Investigation of Cases on Sexual Harassment;

as An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online WHEREAS,Section 17,Article 4 of the Republic Act No.11313,otherwise known

Workplaces, and Educational or Training Institutions, Providing Protective Measures and Prescribing Penalties Therefor, provides that "employers or other persons of authority

punish the performance of acts of gender-based sexual harassment in the workplace;' influence or moral ascendancy in a workplace shall have the duty to prevent, deter, or

(BAA) No. 17, otherwise known as Bangsamoro Civil Service Code, provides that "public WHEREAS, Item J of Article 170, Chapter I, Book 3, Bangsamoro Autonomy Act

officials and employees shall be compassionate and approach anyone seeking the service

in a manner that is caring and gender-sensitive. They shall ensure that the right to human of their agency in a courteous and professional manner. They shall discharge their duties

dignity will be regarded with utmost respect at all times;"

WHEREAS, pursuant to Civil Service Commission (CSC) Resolution No. 01-0940

the Office of the Chief Minister shall serve as body for all complaints relevant to sexual (Administrative Disciplinary Rules on Sexual Harassment Cases), and the above legal provisions, the Committee on Decorum and Investigation of Sexual Harassment Cases in

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Service Personnel, including those in the Attached Offices, applicants for employment, harassment cases in the agency and shall investigate the commission of the same, in order to protect officials and employees in the career and non-career service, and Contract of and student-interns;

formulate a policy on sexual harassment cases in the OCM, including but not limited to, harassment, requirements, and procedures in filing sexual harassment complaints, classification of acts of sexual harassment, and administrative liabilities; the scope of application, forms of sexual harassment, persons liable for sexual WHEREAS, after issuance of this Order, the identified Committee members shall

do hereby order the following: Autonomous Region in Muslim Mindanao, by virtue of the power vested upon me by law. NOW,THEREFORE, I,AHOD B. EBRAHIM, the Chief Minister of the Bangsamoro

Section 1. Creation. The Committee on Decorum and Investigation of Sexual Harassment Cases in the Office of the Chief Minister,which shall be referred to as OCM-CODI, is hereby created.

Section 2. Composition. The OCM-CODI shall be composed of the following:

Chairperson: Vice-Chairperson:Head of Internal Audit Office Director of Finance Management Service

Members: Head of Legal and Legislative Liaison Office

Head of The Clinic

Second Level Employee Representative First Level Employee Representative Accredited Union, if any Representative from the Office of the Senior Minister

The Administrative Management Service-Human Resource Management Division shall act as the Secretariat of the Committee.

However, in rendering or issuing its findings and recommendation, a A quorum shall be required for the transaction of business.

who shall vote only in case of a tie. majority of all the OCM-CODI members is required, except the Chairman,

discharge the following: Section 3. Duties and Responsibilities. The Members of the CODI shall

A. Formulate, adopt, and amend administrative disciplinary rules on sexual harassment cases;

B. Receive complaints of sexual harassment and ensure all complaints are

properly filed and acted upon as appropriate;

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C. Conduct investigation of sexual harassment complaints in accordance with the OCM-CODI prescribed procedure;

D. Submit a report of its findings with corresponding recommendations to the disciplining authority involved;

E. Conduct an orientation on Republic Act No. 7877 (Anti-Sexual Harassment Act of 1995) and Republic Act No. 11313 (An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online, employees of the Office of the Chief Minister to enhance understanding on and prevent cases of sexual harassment in the agency; and Workplaces, and Educational or Training Institutions, Providing Protective Measures and Prescribing Penalties Therefor) to all

F. Participate in the meetings and other relevant activities of the OCM- CODI.

resolution of said case. complained of in the sexual harassment case, he/she shall inhibit from carrying out the performance of the member's duties and functions, until the final When a member of the OCM-CODI is the complainant or the person

their functions and responsibilities unless removed or suspended by the Chief from the committee, the Chief Minister shall designate a replacement. Minister, upon recommendation of the OCM-CODI Chairperson, for a justifiable cause. In case of resignation, retirement, separation, transfer, death, or removal Section 4. Term. Members of the OCM-CODI shall continually discharge

declared inconsistent or invalid, other portions or provisions thereof not affected Section 5. Separability Clause. If any portion or provision of this Order is

thereby shall remain in full force and effect.

upon the approval thereof. Section 6. Effectivity Clause. This Order shall take effect immediately

DONE in the City of Cotabato this Ath day of November _ 2023.

OCM-BARMMAMS-RD

63

AHOD B.EBRAHIM

Chief Minister

Bang OFFICE OF THE CHIEF MINISTER RELEASED Re^ccs DiysIonAM in Mushm Mindana

ME:3:08 PM mam NOV 2023 Page 3 of 3

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