I. Overview

Workplace bullying and abuse of power by managers are not yet labeled under one single “Anti-Workplace Bullying Act” in the Philippines, but a web of constitutional guarantees, labor laws, civil law principles, and special statutes can be used to address them.

In simple terms, bullying by a manager happens when the manager uses their authority to repeatedly humiliate, intimidate, or unfairly disadvantage a worker, in ways that are not justified by performance management or legitimate discipline.

Because of Filipino cultural norms (hiya, pakikisama, utang na loob), many employees hesitate to report abuse. But legally, workers have rights to dignity, humane work conditions, and protection from abuse—both in private companies and government.

II. Core Legal Foundations in the Philippines

1. Constitution

The 1987 Constitution provides the backbone:

Right to human dignity and respect for the person.
Right to humane conditions of work and a living wage.
Protection of labor and promotion of social justice.

Even if “bullying” is not named, repeated humiliation and psychological abuse are inconsistent with these guarantees.

2. Labor Code (as amended)

Key principles relevant to bullying and power abuse:

Security of Tenure Employees cannot be dismissed except for just or authorized causes and with due process. Bullying can lead to:
- Constructive dismissal (when conditions are so harsh that resignation is essentially forced).
- Abusive exercise of management prerogative.
Management Prerogative Employers can direct operations, set rules, evaluate performance, and discipline employees. But this prerogative must:
- Be exercised in good faith,
- Be reasonable and related to business needs, and
- Not be used to harass or discriminate.
When a manager uses prerogative to humiliate, isolate, or arbitrarily punish, it becomes abuse of right.
Due Process in Discipline and Termination
- Just causes (e.g., serious misconduct, gross neglect, fraud, etc.) require:
  - A notice of charges,
  - A chance to explain or a hearing, and
  - A notice of decision.
- Bullying often happens when managers bypass or manipulate due process (e.g., threats of dismissal with no basis, arbitrary sanctions).

3. Civil Code – Human Relations and Employer Liability

The Civil Code provides powerful tools:

Articles 19, 20, and 21 – Human Relations
- Art. 19: Every person must, in the exercise of their rights, act with justice, give everyone his due, and observe honesty and good faith.
- Art. 20: A person who, contrary to law, willfully or negligently causes damage to another shall indemnify the latter.
- Art. 21: A person who willfully causes loss or injury in a manner contrary to morals, good customs, or public policy shall compensate the victim.
Repeated humiliation, unreasonable workloads, public shaming, and malicious threats by a manager may fall under these provisions and justify moral and exemplary damages.
Employer’s Vicarious Liability (Art. 2180) Employers can be held liable for damage caused by employees (including managers) in the performance of their functions, if there was lack of due diligence in supervision or prevention.
Article 1701 Prohibits “oppression of labor” and unjust discrimination.

4. Anti-Sexual Harassment Act (RA 7877)

RA 7877 covers work, education, and training environments, focusing on sexual harassment committed by those in authority, influence, or moral ascendancy (such as managers).

Abuse of power becomes sexual harassment where:

Submission to or rejection of a sexual favor is made a condition for hiring, promotion, or retention, or
The act results in a hostile or offensive work environment.

Even if the bullying is not sexual, RA 7877 is important because it shows:

Managers can be individually liable, and
Employers must create internal rules and mechanisms to address harassment.

5. Safe Spaces Act (RA 11313)

This law expands harassment concepts to gender-based harassment, both in public spaces and in workplaces. For work settings, it covers:

Gender-based sexual harassment in the workplace, including:
- Unwelcome remarks on appearance or sexual orientation,
- Persistent unwanted advances,
- Verbal and nonverbal conduct that demeans a person because of sex, gender, or orientation,
- Online harassment and sexist comments in chats, group emails, etc.

Duties of employers include:

Issuing a comprehensive anti-sexual harassment and gender-based harassment policy,
Establishing a Committee on Decorum and Investigation (CODI),
Ensuring confidential, fair, and timely investigations,
Imposing sanctions on offenders, including managers.

Failure to comply can lead to administrative and even criminal liability.

6. Mental Health Act (RA 11036)

RA 11036 mandates workplace mental health policies, especially in partnership with DOLE. Key implications:

Employers should promote mental health and prevent conditions that cause psychological harm.
Severe bullying and power abuse, especially when causing anxiety, depression, or other disorders, contradict the policy goals and can support claims for damages, constructive dismissal, or regulatory complaints.

7. Occupational Safety and Health (OSH) Law (RA 11058)

OSH law requires employers to provide a safe and healthful workplace. While many think of physical safety, psychosocial risks (stress, harassment, bullying) are increasingly recognized. Employers must:

Address hazards—including psychosocial ones—through policies, training, and responsive mechanisms.
Non-compliance may result in DOLE sanctions.

8. Public Sector: CSC and RA 6713

For government employees:

The Civil Service Commission (CSC) sets rules on discipline, code of conduct, and administrative liability.
RA 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) requires public officials to act with professionalism, justice, and modesty—repeated bullying or abuse of subordinates may be an administrative offense.
Victims can file complaints with the CSC, the head of agency, or the Office of the Ombudsman (for serious misconduct, oppression, etc.).

III. What Is Workplace Bullying and Power Abuse?

While not yet defined by a single statute, in practice, workplace bullying involves:

Repeated or systematic behavior,
Unreasonable, hostile, or humiliating actions,
Directed at an employee or a group,
That undermine dignity, safety, or employment conditions, often with a power imbalance.

Common Forms by Managers

Examples (assuming no valid business purpose):

Verbal and emotional abuse
- Shouting, cursing, name-calling in front of others,
- Constant sarcastic remarks or insults about personal characteristics.
Professional sabotage
- Deliberately giving impossible deadlines or workloads,
- Setting an employee up to fail,
- Withholding crucial information and then blaming poor performance.
Public shame and humiliation
- Calling someone “stupid” or “useless” during meetings,
- Posting mocking messages in group chats or emails.
Isolation and exclusion
- Removing from meetings, email lists, or team activities without valid reason,
- Refusing to give work or giving only menial tasks meant to degrade.
Threats and coercion
- “If you don’t do this, I’ll make sure you’re fired.”
- Threatening to sabotage evaluations, references, or career prospects.
Retaliation for asserting rights
- Targeting employees who filed complaints, joined unions, or asserted statutory rights.

Distinguishing Bullying from Legitimate Management

Not all “hurt feelings” or strict management is bullying. Legitimate actions include:

Providing constructive performance feedback, even if negative.
Imposing discipline based on clear rules, after due process.
Reassigning or changing duties for valid business reasons, fairly applied.

The key issues are: Is it reasonable? Consistent with policies and law? Done in good faith? Or is it malicious, arbitrary, humiliating, or discriminatory?

IV. Limits on Managerial Power

The doctrine of management prerogative does not give a manager a license to:

Humiliate or insult employees,
Arbitrarily deny benefits or opportunities,
Retaliate for filing complaints or asserting rights,
Ignore established procedures and policies.

When managers cross these lines, their acts can be characterized as:

Abuse of right (Civil Code),
Unjust discrimination or oppression (Labor/Civil Code),
Sexual or gender-based harassment (RA 7877, RA 11313),
Misconduct or oppression (for public officials).

V. Employer Liability and Responsibilities

Employers in the Philippines have several overlapping duties:

Duty to exercise diligence in selection and supervision of managers Failure to prevent or act on abusive behavior can result in liability.
Duty to provide safe and healthy working conditions Includes tackling psychological harm and harassment.
Duty to observe due process and fair treatment Decisions affecting employment should be based on justifiable grounds, not personal animosity.
Statutory duties under RA 7877 and RA 11313
- Adopt and disseminate clear policies,
- Form a CODI or equivalent body,
- Provide regular orientations and training,
- Investigate complaints promptly and fairly,
- Protect complainants and witnesses from retaliation.

If an employer ignores repeated complaints about a bullying manager, it can be used in:

Constructive dismissal cases,
Civil actions for damages, and
Administrative or regulatory complaints (DOLE, CSC, etc.).

VI. Legal Remedies Available to Employees

1. Internal/Company-Level Remedies

Most companies (especially medium and large ones) should have:

Employee handbook or code of conduct,
Anti-harassment / anti-sexual harassment policy,
Grievance procedure or CODI.

An employee can:

File a written complaint with HR, CODI, or management.
Request investigation, protection measures, and transfer away from the abuser where appropriate.

The effectiveness of internal remedies varies greatly, but they can be important for building a record and for compliance with company procedures.

2. Labor Remedies (Private Sector)

Depending on the situation, the employee may:

File an illegal dismissal or constructive dismissal case If the bullying makes continued employment intolerable and the employee resigns, this may be considered constructive dismissal. Possible awards include:
- Backwages (if dismissal is deemed illegal),
- Separation pay in lieu of reinstatement (in some cases),
- Moral and exemplary damages,
- Attorney’s fees.
File labor standards complaints with DOLE If bullying is connected with non-payment of wages, illegal deductions, non-compliance with OSH, etc., DOLE may intervene.
Collective action via unions/CBA If there is a union or collective bargaining agreement (CBA), abuse of power by a manager may violate CBA provisions on discipline, respect, and grievance handling, enabling grievance and arbitration proceedings.

3. Civil Actions

Under the Civil Code, a bullied employee may file a case for:

Damages for abuse of rights or acts contrary to morals and public policy,
Moral damages for mental anguish, serious anxiety, social humiliation, and similar injury,
Exemplary damages to deter similar acts,
Attorney’s fees.

Civil cases can be used whether or not there is a dismissal, but they require proof of wrongful act and damage.

4. Criminal Complaints

Bullying and power abuse can sometimes overlap with criminal offenses, such as:

Grave coercion – if a manager uses violence, threats, or intimidation to compel an employee to do something against their will and without authority of law.
Grave threats – serious threat of harm to person or property.
Unjust vexation – acts that unjustly annoy or vex another, depending on circumstances.
Slander/libel – if the abuse takes the form of malicious defamation.
Acts of lasciviousness, sexual harassment – if behavior is sexual or gender-based in nature.

For public officials, oppression and grave misconduct can trigger Ombudsman or CSC cases with penalties ranging from suspension to dismissal and permanent disqualification.

VII. Constructive Dismissal Due to Bullying

Constructive dismissal occurs when an employer’s acts are so unreasonable, harsh, or unjust that the employee is left with no real choice but to resign. Courts look at whether:

The acts were serious and repeated,
A reasonable person in the employee’s position would feel compelled to quit, and
The employer failed to remedy the situation.

Bullying-related examples that may lead to constructive dismissal findings include:

Persistent humiliation, shouting, or insults in front of coworkers,
Arbitrary demotion or reduction of responsibilities, with humiliation,
Assigning grossly demeaning tasks unrelated to the employee’s position to force resignation,
Isolating the employee and depriving them of work without business justification,
Targeted, unfair performance evaluations used to justify threats of dismissal.

If constructive dismissal is established, the employer may be ordered to pay backwages, separation pay, and damages, similar to an illegal dismissal case.

VIII. Evidence and Documentation

Because bullying often involves behavior that is subtle, verbal, or behind closed doors, evidence is critical.

Useful forms of evidence include:

Emails, messages, chat logs, memos showing abusive language, threats, or unfair orders.
Witness testimonies from coworkers who saw or heard incidents.
Performance records, showing sudden negative treatment unrelated to actual performance.
Medical / psychological reports documenting anxiety, depression, or other conditions attributable to workplace stress or harassment.
Personal notes/incident diary, recording dates, times, people present, exact words, and the employee’s feelings.

⚠️ Important: The Philippine Anti-Wiretapping Law (RA 4200) prohibits recording private communications without consent (with limited exceptions). Secretly recording a private conversation may itself be unlawful or inadmissible. Before making audio/video recordings, it is wise to seek legal advice.

In labor cases, the standard of proof is “substantial evidence” (not beyond reasonable doubt), but there must still be credible, concrete proof, not just bare allegations.

IX. Company Policies and Best Practices

Even without a specific “anti-bullying law,” a strong internal policy is often the most effective tool.

A good policy in the Philippine setting should:

Define prohibited behavior
- Include examples of bullying, harassment, and abuse of power (verbal, physical, psychological, online).
- Distinguish reasonable management actions from abuse.
Affirm zero tolerance State clearly that bullying, harassment, and abuse of power—regardless of rank—will not be tolerated.
Provide clear reporting channels
- Multiple avenues: HR, CODI, hotline, email, or ombudsperson.
- Allow anonymous or confidential reporting where possible.
Ensure fair investigation procedures
- Formation of a Committee on Decorum and Investigation (CODI) or similar body, with representation from management, employees, and where relevant, women and gender advocacy groups.
- Timelines: acknowledgment, investigation, resolution.
- Opportunity for both complainant and respondent to be heard and to present evidence.
- Protection against retaliation.
Specify sanctions
- Range from verbal/written warning to suspension, demotion, or dismissal, depending on gravity and repetition.
Training and culture-building
- Regular training for managers and employees on respectful communication, mental health, harassment, and diversity.
- Integrating behavioral criteria (respect, collaboration) into performance evaluations for those in leadership roles.

X. Guidance for Employees Experiencing Bullying

This is general information, not a substitute for legal advice, but common practical steps include:

Recognize patterns early
- Ask: Is this occasional conflict, or a pattern? Is it tied to legitimate performance issues, or is it personal and humiliating?
Document everything
- Keep a detailed record of incidents (dates, times, witnesses, exact words/actions).
- Save relevant emails, messages, and memos.
Review company policies
- Check the employee handbook, code of conduct, and anti-harassment policies.
- Note the procedure for filing grievances or complaints.
Talk to someone you trust
- A trusted coworker, union representative, or HR business partner (if safe).
- Consider mental health support—counselors, psychologists, or psychiatrists—especially if the abuse is affecting your wellbeing.
Use internal grievance mechanisms
- File a formal complaint if you feel safe to do so.
- Ask about temporary measures (e.g., change in reporting line) to minimize contact with the abuser.
Seek external help where needed
- Union or labor organization (if unionized).
- DOLE or POEA (for OFWs) for advice or complaints.
- CSC or Ombudsman for public sector.
- Legal counsel or public interest groups to evaluate possible labor, civil, or criminal actions.
Consider your long-term options
- In severe cases where the employer fails to act, constructive dismissal and subsequent legal action may be an option, but this involves risks and timelines. Proper legal advice is crucial.

XI. Guidance for Managers and Employers

For managers:

Treat authority as a duty of care, not a personal weapon.
Focus on behavior and performance, not personal attacks.
Give feedback in private and in respectful language.
Be consistent and transparent with expectations.
Avoid jokes or remarks that demean someone’s gender, appearance, religion, family, or social class.
Understand that stressful environment ≠ license to be abusive.

For employers/HR:

Invest in leadership training and emotional intelligence programs.
Integrate respect and integrity into performance evaluations of managers.
Respond swiftly and fairly to complaints; silence or inaction can be interpreted as tolerance.
Align company policies with RA 7877, RA 11313, OSH law, and Mental Health Act requirements.

XII. Special Contexts

Remote Work and Online Bullying
- Abuse can happen via chat apps, emails, video calls.
- Sexist jokes, late-night harassing messages, or unnecessary public shaming in channels can qualify as harassment or bullying.
Unionized Workplaces
- Collective bargaining agreements often contain provisions on fair discipline, grievance procedures, and respect for workers’ rights.
- Unions can support bullied workers in negotiations or arbitration.
Senior Management / Owners as Bullies
- More complex, because internal systems may be compromised.
- External routes (DOLE, CSC/Ombudsman, courts) become more crucial.

XIII. Conclusion

In the Philippines, workplace bullying and managerial power abuse are real and legally addressable problems, even though there is no single “Workplace Bullying Law” yet. The Constitution, Labor Code, Civil Code, Anti-Sexual Harassment Act, Safe Spaces Act, OSH law, Mental Health Act, and public sector rules together protect employees’ dignity, mental health, and security of tenure.

For employees, understanding these rights, carefully documenting abuse, and using both internal and external remedies can make a critical difference. For managers and employers, preventing and correcting bullying is not just a moral duty—it is a legal and business necessity, affecting liability, reputation, and organizational performance.

If you ever need, I can help you draft a specific company policy, a sample grievance letter, or a more tailored analysis for a particular scenario (private sector vs. public sector, specific industry, or specific pattern of abuse).