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Case Referral Mechanisms
As such the CSC hears and decides administrative
cases included by or brought before it directly or on
appeal. Except when otherwise provided for by law,
an administrative complaint may be filed any time
with Civil Service Commission. In cases resolved by
Commission which recommend the imposition of
administrative sanctions against persons employed
in the government sector, case resolutions may be
referred to the Civil Service Commission through its
Regional Offices. Following the procedure set forth
under the RRACS, the transmittal shall include the
Commission’s resolution, the files of the case, together
with a verified complaint of the Complainant or the
Commission as Gender Ombud.
Legal Office of the Regional DILG Offices
Aside from filing cases directly before the Office
of the Ombudsman, case resolutions implicating
locally elected public officials may be referred to the
Legal Office of the regional offices of the Department
of Interior and Local Government.
Disciplinary Action initiated through Local Government
Units
Disciplinary action against elected officials may
be pursued through the local government units in
accordance with the LGC.
The power to discipline erring local government
officials depends on the Sangguniang Bayan or
Sangguniang Panglungsod with respect to the
Barangay; Sanguniang Panlalawigan with respect to
Sangguniang Bayan elected officials; the Offfice of the
President with respect to HUC, IC, and ICCs.
In cases where the Commission, upon
investigation, finds any of the local government unit
and its officials accountable for violations or noncompliance with the provisions of the MCW, the
appropriate penalty shall be recommended either
to the Office of the Ombudsman, the Regional
DILG Office, or in this case, the appropriate Local
Government Unit.
Department of Justice/ Prosecutor’s Office
Criminal cases in relation to provisions of the
Magna Carta of Women may be directly filed with the
Department of Justice or the Office of the Prosecutor.
In cases resolved by the Commission, where the filing
of criminal cases is recommended together with
the filing of administrative charges, a copy of the
Commission’s resolution shall likewise be transmitted
with the Department of Justice or the Office of the City
Prosecutor. The Commission, through its regional
offices, shall assist the Complainant in the filing of
cases as mandated under Section 42 of the IRR.
Labor Arbiters of the DOLE/ SEC or DTI for findings
against corporate entities
Cases resolved by the Commission finding acts of
discrimination, if such discrimination fall within the
provisions of Arts. 135, 136 and 137 of the Labor Code
and other related labor provisions on discrimination
of women, discrimination on the basis of marriage
and stipulation against marriage, the same shall be
forwarded and referred to the Labor Arbiters of the
DOLE.
Resolutions of the Commission finding
discriminatory practices and policies by private
entities shall be transmitted to the Securities and
Exchange Commission (SEC) or the Department of
Trade and Industry (DTI) for appropriate action.
Department of National Defense/NAPOLCOM
Resolutions of the Commission finding violations
of the MCW committed by members of Armed Forces
or the Philippine National Police shall be forwarded to
the Department of National Defense or the National
Police Commission (NAPOLCOM) as the case may
be. Copies shall likewise be furnished the respective
Human Rights Officers.
Regular Courts
If the investigation of the Commission finds
discriminatory practices and violations of the
MCW committed by a private entity or person, the
Commission shall transmit the resolution to the
appropriate agency which may be the DOLE, SEC,
or DTI, as the case may be. In addition, when the
cases involve violations considered civil in nature,
the Commission, through its regional offices, and
CHR Gender Ombud Guidelines