March 27, 2006

OCA CIRCULAR NO. 58-06

For your information and guidance, quoted hereunder is a portion of the Resolution of this Court En Banc dated 07 March 2006, in A.M. No. 05-12-757-RTC, Re: Sexual Harassment Committed by Judge Rexel M. Pacuribot, Regional Trial Court, Branch 27, Gingoog City, which AMENDS Section 8 of

"NOW THEREFORE, BE IT RESOLVED, as it is hereby Resolved, that in accordance with Section 6, Article VIII of the Constitution vesting this Court with the power of administrative supervision over all courts and personnel thereof, inclusive of which is the authority to discipline Judges and Justices, complaints of sexual harassment against Judges of regular and special courts and Justices of the Court of Appeals, the Sandiganbayan and the Court of Tax Appeals should be excluded from the jurisdiction of the CODIs. Accordingly, Section 8 of A.M. No. 03-03-13-SC, the Rule on Administrative Procedure in Sexual Harassment Cases and Guidelines on Proper Work Decorum in the Judiciary is hereby amended to read as follows:

Sec. 8. Jurisdiction, powers and responsibilities of the CODIs. The CODIs shall have jurisdiction over all complaints for sexual harassment committed by the officials and employees of the Judiciary, except those against Judges of regular and special courts and Justices of the Court of Appeals, the Sandiganbayan and the Court of Tax Appeals, which shall fundamentally adhere to the proceeding laid down in Section 3 of Rule 140 of the Rules of Court, as amended. TDCAIS

CODI shall:

(a) Receive the complaint, investigate its allegations, and submit a report and recommendation to the proper court or authority, as provided for in Section 18 of this Rule;

. . . . Emphasis supplied. "

(SGD.) PRESBITERO J. VELASCO, JR.
Court Administrator