CODI Procedure for Employers in the Philippines

Philippine employers should establish an independent internal mechanism—commonly called a Committee on Decorum and Investigation or CODI—to prevent, investigate and address workplace sexual-harassment complaints. A compliant CODI needs proper representation, a woman chair, a majority or at least half women, impartial members, written procedures, confidentiality safeguards, protection against retaliation, and a process capable of investigating and deciding complaints within the statutory period.

This page is the employer-facing procedure guide. Employees who need to understand coverage, prohibited conduct and complaint options should use Sexual Harassment in the Workplace: RA 7877, the Safe Spaces Act and How to File.

Direct Answer

To establish a CODI, an employer should issue a written workplace sexual-harassment policy, appoint properly representative and impartial committee members, define complaint and investigation procedures, train the committee, provide secure reporting channels, and maintain protected records.

Republic Act No. 7877 requires a workplace committee with at least one representative each from management, the union if any, supervisory employees and rank-and-file employees. Republic Act No. 11313 adds that the mechanism must adequately represent those groups, be headed by a woman, have women comprise not less than half of its members, exclude persons connected or related to the alleged perpetrator, observe due process, protect complainants from retaliation, and guarantee confidentiality to the greatest extent possible.

RA 11313 uses the exact phrase “investigate and decide on the complaints within ten (10) days or less upon receipt thereof.” It does not say “10 working days.” Employers should record the date and time of receipt, begin triage immediately, and avoid publishing a different counting rule unless supported by a controlling issuance or a shorter valid internal commitment.

Key Takeaways

Both RA 7877 and RA 11313 impose employer duties concerning workplace sexual harassment.
The CODI must be independent and representative—not an HR officer acting alone.
Workplace representation should cover management, supervisory employees, rank-and-file employees and the union, if any.
Under RA 11313, a woman must head the committee and not less than half of its members must be women.
Members must be impartial and not connected or related to the alleged perpetrator.
The statutory text requires investigation and decision within ten days or less after receipt.
Due process protects both the complainant and respondent.
Confidentiality is required to the greatest extent possible, but it is not a promise that no information will ever be disclosed.
The employer must protect the complainant from retaliation and act on reported conduct.
An internal decision does not prevent civil, criminal or other proceedings before the proper authorities.

Decision Snapshot

Requirement	Practical implementation	Evidence to retain
Representative committee	Include management, supervisory, rank-and-file and union representation where applicable.	Appointment order, membership list and representation basis.
Women’s representation	Designate a woman as chair and ensure women comprise not less than half of the committee.	Signed appointment records and current roster.
Impartiality	Screen relationships, reporting lines, prior involvement and personal interests before each case.	Conflict declarations and recusal records.
Accessible reporting	Provide more than one confidential channel and an alternate route when the complaint involves HR or management.	Policy, posters, contact details and acknowledgment logs.
Ten-day requirement	Record receipt immediately and use a written case timetable.	Receipt timestamp, notices, hearing records and dated decision.
Due process	Give the respondent adequate notice and opportunity to answer; assess evidence impartially.	Complaint, notices, response, minutes, evidence index and findings.
Anti-retaliation	Issue protective instructions and monitor work-related consequences.	Interim-measure orders, follow-up logs and retaliation reports.
Confidentiality	Limit disclosure to people who need the information to perform a lawful role.	Access log, secure case folder and confidentiality acknowledgments.

CODI Setup Checklist

Written appointment or office order creating the CODI
Current membership roster and representative category of each member
Woman chairperson
Women comprising at least half of the membership
Union representative where a union exists
Supervisory and rank-and-file representation
Alternate members for recusals, absences and conflicts
Signed impartiality and confidentiality declarations
Written code of conduct and prohibited-act definitions
Complaint intake form and multiple reporting channels
Procedure for oral, written, remote and witnessed reports
Acknowledgment and case-number protocol
Ten-day case timetable
Notice, answer, interview and evidence procedures
Interim protection and anti-retaliation measures
Secure physical and digital records
Findings and recommendation template
Management-action and implementation log
Training and prevention calendar
Periodic review of membership, policy and completed cases

Legal Basis

Authority	Classification	Rule supported	Effect
RA 7877, Sections 3–5	Statute	Work-related sexual harassment, employer procedures, CODI composition and employer liability	Binding law
RA 11313, Sections 16–20	Statute	Workplace gender-based sexual harassment, employer duties, internal mechanism, composition, ten-day decision, retaliation, confidentiality and inspections	Binding law
RA 11313 Implementing Rules and Regulations	Administrative rules	Implementation of the Safe Spaces Act by responsible agencies and covered institutions	Binding rules within their scope
Company code and CBA	Internal/contractual rules	Valid procedures, representation, sanctions and grievance commitments	Binding subject to law and validity

RA 7877 requires employers to prevent or deter sexual harassment and provide procedures for its resolution, settlement or prosecution. It requires workplace rules developed in consultation with employee representatives and a CODI that conducts prevention activities and investigates alleged cases.

RA 11313 broadens workplace gender-based sexual-harassment coverage. It expressly recognizes conduct between peers and conduct by a subordinate toward a superior, in addition to traditional authority-based situations. Employers must prevent, deter or punish covered acts, create an independent internal mechanism or CODI, provide a workplace policy, protect complainants and act on reports.

Required Composition

A private-sector workplace CODI should adequately represent:

Management
Employees from the supervisory rank
Rank-and-file employees
The union, if any

RA 7877 describes at least one representative from each applicable group. RA 11313 requires adequate representation and adds gender and independence requirements. A woman must head the committee, and not less than half of its members should be women.

The law does not prescribe one universal committee size for every employer. The employer should choose a workable odd-numbered membership where possible, preserve all required representation, and appoint enough trained alternates to handle recusals and absences without losing quorum or representation.

Recommended role structure

Role	Primary responsibility	Important limitation
Chairperson	Controls the process, schedule and hearings; ensures impartiality and legal requirements.	Must be a woman and must recuse when conflicted.
Secretariat	Receives and timestamps records, issues notices and maintains the secure case file.	Should not decide disputed facts unless also a properly appointed voting member.
Management representative	Provides institutional and policy perspective.	Must not protect management interests at the expense of impartiality.
Supervisory representative	Represents supervisory employees and workplace realities.	Should not sit when within the respondent’s or complainant’s direct reporting chain if impartiality is affected.
Rank-and-file representative	Represents rank-and-file employees.	Must be allowed to participate meaningfully, not merely sign a decision.
Union representative	Represents the union where one exists.	Representation should follow the CBA and union rules without compromising case impartiality.

Independence and Conflict Safeguards

Before receiving the merits of each case, every proposed member should disclose:

Family, romantic, financial or close personal relationships with any party
Direct reporting or evaluation relationships
Prior involvement in the incident, complaint or attempted settlement
Participation as a witness
Public statements or communications suggesting prejudgment
Any personal or organizational interest that could affect impartiality

A conflicted member should recuse. The employer should document the reason without disclosing unnecessary sensitive information and appoint a qualified alternate who preserves the required representation. If the complaint concerns the owner, chief executive, HR head, CODI chair or most of the committee, the policy should provide an independent escalation route rather than allowing the implicated persons to control the investigation.

Complaint and Investigation Procedure

1. Receive and secure the report

Accept complaints through the channels identified in the policy. A report may arise from the directly affected person, a witness, a supervisor or information otherwise received by the employer. Assign a case number, record the date and time of receipt, preserve the original submission and restrict access.

2. Conduct immediate safety and conflict screening

Identify urgent safety, retaliation, contact, supervision or evidence-preservation risks. Screen CODI members for conflicts before disclosing the identities and details more widely than necessary.

3. Acknowledge the complaint

Provide a written acknowledgment explaining the process, expected timeline, confidentiality limits, anti-retaliation rule, contact person and available support. Do not promise a particular outcome.

4. Define the allegations

Identify the specific conduct, approximate dates, locations, communications, witnesses and workplace consequences alleged. Clarification should not become repetitive or hostile questioning.

5. Notify the respondent

Give sufficient information for a meaningful answer while protecting unrelated private information. State the alleged acts, applicable policy provisions, response deadline and prohibition against retaliation or interference.

6. Collect and preserve evidence

Secure relevant emails, messages, workplace-system records, CCTV where lawfully available, personnel documents, schedules, witness accounts and other records. Preserve context and authenticity; avoid relying only on cropped screenshots.

7. Interview the parties and witnesses

Use neutral questions and separate interviews where appropriate. Allow each party a fair opportunity to identify evidence and respond to material information.

8. Evaluate the evidence

Apply the standard stated in the valid workplace rules and assess consistency, corroboration, contemporaneous records, motive, opportunity and credibility. Do not use stereotypes about how a “real victim” or “innocent respondent” should behave.

9. Make written findings

The decision should identify the allegations, applicable rules, evidence considered, material findings, conclusion and recommended administrative action. Avoid publishing unnecessary intimate details.

10. Implement and follow up

Authorized management should act on the CODI result, communicate the outcome to the extent legally appropriate, preserve appeal or review rights under the policy or CBA, and monitor retaliation.

The Ten-Day Requirement

Section 17(c)(4) of RA 11313 requires the employer’s independent mechanism or CODI to “investigate and decide on the complaints within ten (10) days or less upon receipt thereof.”

The statutory text says days, not working days. A policy should not silently convert this to ten working days. Employers should:

Timestamp receipt immediately.
Begin conflict and safety screening on the day of receipt.
Issue notices promptly.
Use a written daily case plan.
Keep trained alternates available.
Document unavoidable interruptions without assuming they erase the statutory duty.
Use any shorter applicable policy, CBA or agency deadline.

This article does not provide an automated deadline calculator because counting may be affected by the precise receipt time, governing policy, official closure, subsequent controlling issuance and case-specific procedure. Obtain legal advice when the deadline is disputed.

Due Process

Due process does not mean copying courtroom procedure into every workplace case. It ordinarily requires fair notice of the material allegations, a meaningful opportunity to respond, an impartial decision-maker, consideration of relevant evidence and a reasoned result under the applicable workplace rules.

The complainant must also be treated fairly. The process should not require unnecessary confrontation, disclose the complaint indiscriminately, delay protective measures until final judgment, or punish the complainant for reporting in good faith. Interim safeguards should not be treated as a finding of guilt and should avoid unnecessary disadvantage to either party.

Confidentiality and Protection Against Retaliation

RA 11313 requires confidentiality to the greatest extent possible. That is not the same as absolute secrecy. Some information must be shared with the respondent, witnesses, decision-makers, legal advisers, regulators or authorities to investigate lawfully and observe due process.

The employer should use a need-to-know rule, secure storage, controlled copying, private interviews and documented access. Parties should be instructed not to retaliate, intimidate witnesses, destroy evidence or circulate confidential records.

Potential retaliation includes adverse scheduling, exclusion from work, threats, hostile performance action, undesirable reassignment, denial of opportunities, social pressure, online attacks or discipline triggered by the complaint rather than legitimate reasons. Every retaliation report should be recorded and assessed separately.

Records and Evidence

Record	Purpose	Access
Complaint and acknowledgment	Establishes receipt, allegations and timeline.	Strict need-to-know access.
Conflict declarations	Shows impartiality screening and recusals.	CODI/authorized management.
Notices and responses	Supports procedural due process.	Parties receive appropriate case materials.
Evidence index	Tracks source, date, authenticity and custody.	Controlled case-file access.
Interview notes or recordings	Preserves testimony accurately.	According to policy, consent and applicable privacy rules.
Interim-measure record	Documents protection and operational decisions.	Only people responsible for implementation.
Findings and recommendation	Explains the evidence-based result.	Authorized recipients only.
Implementation and follow-up log	Shows action, monitoring and retaliation checks.	Authorized HR/management and CODI.

Retention periods should be based on applicable labor, corporate, privacy, litigation and sector-specific requirements. Do not publish a universal destruction period without confirming which rules apply to the employer and case.

Remote and Digital Complaints

The procedure should work even when employees are remote, assigned to different branches or using company communication platforms. Provide a secure email or case portal, identity-verification process, confidential video-interview option and a method for submitting original digital files.

Preserve complete message threads, timestamps, sender identifiers, metadata where available and the original device or export when authenticity may be disputed. Online gender-based sexual harassment may also trigger separate criminal or cybercrime procedures; the CODI’s administrative process does not replace reporting to the proper authority.

Practical Registers and Templates

CODI membership and conflict register

Field	What to record
Member	Name, role and representative category
Appointment	Date, term and appointing authority
Gender requirement	Chairperson status and roster compliance
Training	Course, provider and completion date
Case screening	Relationship, reporting line, prior involvement and other interests
Action	No conflict, disclosure accepted, limited participation or recusal
Alternate	Replacement and representation preserved

Complaint process log

Stage	Minimum record
Receipt	Date, time, channel, recipient and case number
Triage	Safety risk, retaliation risk, preservation action and conflicts
Acknowledgment	Date sent and information provided
Respondent notice	Allegations, rules, response date and delivery proof
Evidence	Item number, source, date received and custodian
Interviews	Participant, date, attendees and record location
Decision	Date, participating members, findings and recommendation
Action	Authorized decision, implementation date and responsible person
Follow-up	Retaliation checks, workplace measures and closure status

Employer Implementation Steps

Review the current harassment policy against RA 7877 and RA 11313.
Issue or update the formal CODI appointment order.
Confirm representation, woman chair and minimum women’s membership.
Appoint alternates before a complaint arises.
Train all members in trauma-informed interviewing, due process, evidence handling, confidentiality and retaliation.
Create at least two reporting routes, including one outside the normal chain of command.
Publish the procedure, contact details and prohibition against retaliation.
Test whether the process can realistically meet the ten-day statutory requirement.
Create protected registers and standardized forms.
Run periodic awareness sessions and document attendance.
Audit membership, conflicts, access controls and closed-case implementation regularly.

Frequently Asked Questions

Is a CODI required for private employers?

RA 7877 requires employers to create a committee on decorum and investigation. RA 11313 requires an independent internal mechanism or CODI to investigate and address workplace gender-based sexual-harassment complaints.

Can HR serve as the CODI?

HR may provide administrative support or properly appointed representation, but one HR officer acting alone does not satisfy the representative and independence requirements.

How many CODI members are required?

The statutes identify required representation rather than one universal total size. The committee should include at least the applicable management, supervisory, rank-and-file and union representation while complying with the woman-chair, women’s membership and impartiality rules.

Is the deadline 10 calendar days or 10 working days?

RA 11313 says “within ten (10) days or less upon receipt.” It does not use the phrase “working days.” Employers should not substitute “10 working days” without authoritative support.

Can the respondent’s supervisor sit on the CODI?

Not automatically. The person’s reporting relationship, prior involvement, interests and ability to remain impartial must be screened. A connection affecting impartiality requires recusal and replacement.

What if the complaint is against the owner or CODI chair?

Use the policy’s alternate or independent escalation mechanism. The respondent must not select the investigators, control evidence or dictate the outcome.

Must the complainant confront the respondent in person?

The law requires due process but does not necessarily require a face-to-face confrontation in every internal case. The procedure can provide meaningful notice and response while using separate interviews and protective arrangements.

Does a CODI decision prevent a criminal case?

No. Internal administrative action does not bar prosecution, civil remedies or proceedings before the proper government authority.

Does CODI cover ordinary bullying?

Not every bullying allegation is sexual harassment or gender-based sexual harassment. The CODI should determine coverage under the applicable law and policy, while routing other misconduct to the correct workplace procedure.

Sources and Legal Citations

Republic Act No. 7877, Anti-Sexual Harassment Act of 1995, especially Sections 3–5. Official legal text through Lawphil. Classification: statute. Supports workplace sexual-harassment coverage, employer procedure, CODI composition and employer liability.
Republic Act No. 11313, Safe Spaces Act, especially Sections 16–20 and 26. Official legal text through Lawphil. Classification: statute. Supports workplace gender-based sexual-harassment coverage, employer duties, committee composition, ten-day requirement, due process, retaliation protection, confidentiality and inspections.
Implementing Rules and Regulations of Republic Act No. 11313, promulgated by the Philippine Commission on Women and partner agencies. PCW-hosted IRR PDF. Classification: administrative rules. Supports implementation of Safe Spaces Act duties.
Philippine Commission on Women, Safe Spaces Act information and implementation materials. PCW Safe Spaces Act resource. Classification: official government guidance.

Prepared by: LaborCode.ph Editorial Team
Editorial review: Reviewed under the LaborCode.ph Content Review Policy
Sources rechecked as of: September 17, 2026
Last materially reviewed: September 17, 2026
Article-level legal review status: No named lawyer-review credit has been assigned to this article.
Legal review invitation: Qualified Philippine labor lawyers may contact LaborCode.ph to suggest a correction or review.

For prohibited conduct affecting collective rights, see the guide to unfair labor practice by employers and unions.

Disclaimer: This article provides general educational and legal information, not legal advice. Employers should obtain advice appropriate to their workforce, sector, policies, CBA and the facts of a particular complaint. LaborCode.ph is independent and is not a law firm, government agency or tribunal.