Cases for Workplace Verbal Abuse in the Philippines

Workplace verbal abuse in the Philippines sits at the intersection of labor law, civil law, criminal law, and special statutes on harassment and human dignity. Below is a structured, in-depth overview in the style of a legal article. It’s for general information only and not a substitute for advice from a Philippine lawyer or labor practitioner.


I. Concept of Workplace Verbal Abuse

There is no single statute that uses the exact term “workplace verbal abuse” as one unified legal category. Instead, the conduct we commonly call verbal abuse is regulated under various laws and doctrines, depending on:

  • Who is speaking (employer, supervisor, co-worker, client, third party)
  • What is said (insults, slurs, threats, sexual comments, discriminatory remarks, etc.)
  • How often and how severe the conduct is
  • Effect on the employee (humiliation, mental distress, hostile work environment, constructive dismissal)

Typical forms of verbal abuse include:

  • Shouting, cursing, or using degrading language
  • Public shaming, ridicule, or name-calling
  • Sexually colored jokes or comments
  • Derogatory remarks based on sex, gender, SOGIE, religion, disability, etc.
  • Repeated “jokes” that humiliate or intimidate
  • Threatening statements about employment (“Sisiraan kita sa management”; “I’ll make sure you’re out of a job”)

Depending on the circumstances, these may lead to labor cases, civil actions, criminal cases, or administrative complaints under different laws.


II. Legal Framework

1. Constitution

The 1987 Philippine Constitution provides overarching principles:

  • The State shall protect labor and ensure workers’ rights to humane conditions of work and a dignified existence.
  • The Bill of Rights protects against arbitrary intrusion into life, liberty, and security; degrading treatment is discouraged under human rights norms.

While not self-executing for every situation, these principles influence statutory interpretation and labor jurisprudence.


2. Labor Code and Labor Jurisprudence

The Labor Code of the Philippines (as amended) does not expressly define “verbal abuse,” but:

  • Recognizes the employer’s prerogative to discipline employees for just causes, including serious misconduct and other causes analogous to those stated in Article 297 (formerly 282).
  • Requires observance of due process (the twin-notice rule and a hearing) before dismissal or serious sanctions.
  • Imposes on employers a duty to provide humane conditions of work and to respect workers’ dignity, as reflected in case law and DOLE regulations.

Verbal abuse is relevant in at least two major ways:

  1. As employee misconduct An employee (including supervisors) who engages in serious, repeated verbal abuse may be dismissed for serious misconduct or a cause analogous to it. Jurisprudence has repeatedly treated habitual shouting, cursing, and humiliating language as misconduct that undermines workplace harmony, especially when coming from supervisors and officers.

  2. As evidence of employer’s abuse of rights / constructive dismissal Persistent verbal harassment by an employer, manager, or owner, especially when unremedied, may:

    • Constitute abuse of rights and bad faith in the exercise of management prerogatives.
    • Lead to constructive dismissal—when the working environment is made so unbearable that a reasonable person feels compelled to resign.

In illegal dismissal and constructive dismissal cases, courts examine whether the verbal abuse is:

  • Habitual or pervasive
  • Degrading and targeted
  • Directed by, or tolerated by, management

3. Civil Code: Human Relations and Damages

The Civil Code of the Philippines provides powerful tools through its provisions on human relations, particularly:

  • Article 19 – Everyone must, in the exercise of their rights, act with justice, give everyone their due, and observe honesty and good faith.
  • Article 20 – A person who, contrary to law, willfully or negligently causes damage to another must indemnify the latter.
  • Article 21 – Any person who willfully causes loss or injury in a manner contrary to morals, good customs, or public policy shall compensate the injured party.
  • Article 26 – Provides specific protection for human dignity, personality, and peace of mind (e.g., against vexatious or humiliating attacks on honor).
  • Articles 218–219 – On the duties of those with special authority and the corresponding liability.

These provisions support civil actions for damages (actual, moral, exemplary) arising from unjust and abusive verbal behavior, especially when it:

  • Humiliates a person publicly
  • Intentionally causes emotional distress
  • Unjustly attacks their honor, dignity, or reputation

Employers may be vicariously liable for employees’ acts done in the course of employment, especially if the employer failed to exercise due diligence in supervision and control.


4. Criminal Law: Revised Penal Code

Some instances of workplace verbal abuse can amount to crimes under the Revised Penal Code (RPC), such as:

  • Oral defamation (slander) – Using defamatory words that injure a person’s honor or reputation.
  • Grave threats / light threats – Threatening another with harm to person, honor, or property under certain conditions.
  • Unjust vexation – Acts that cause annoyance, irritation or humiliation without justifiable reason (commonly used for certain harassing verbal acts).
  • Grave coercion – Preventing another from doing something not prohibited by law, or compelling them to do something against their will, by violence, threats, or intimidation.

Whether a particular set of verbal acts fits these crimes depends on exact wording, context, and intention. Criminal liability is personal to the wrongdoer, but the employer may also be civilly liable for damages arising from the employee’s offense.


5. Special Laws on Harassment and Dignity

a. Anti-Sexual Harassment Act (RA 7877)

RA 7877 applies where sexual harassment is committed in a work, education, or training environment. Verbal abuse becomes sexual harassment when:

  • It is sexual in nature (sexually colored remarks, propositions, jokes), and
  • It is committed by a person in authority, influence, or moral ascendancy, or
  • It affects employment, promotion, or work conditions.

Employers and heads of offices are required to:

  • Adopt sexual harassment policies and rules
  • Create a Committee on Decorum and Investigation (CODI)
  • Provide mechanisms to receive, investigate, and resolve complaints

Failure to do so can lead to administrative liability for the employer or responsible officers.


b. Safe Spaces Act (RA 11313)

The Safe Spaces Act (also called the “Bawal Bastos Law”) significantly expanded regulation of gender-based sexual harassment, including in work-related contexts.

Key features for workplace verbal abuse:

  • Covers gender-based harassment, not limited to opposite-sex situations, and includes SOGIE-based abuses.

  • Recognizes verbal and online forms of sexual harassment: catcalling, sexist and misogynistic remarks, persistent unwanted sexual advances, comments about one’s body, and so on.

  • Imposes specific obligations on employers to:

    • Prevent and address gender-based harassment,
    • Adopt a code of conduct or anti-SH policy,
    • Establish an internal complaint mechanism,
    • Provide training and education on the law,
    • Impose appropriate sanctions on offenders.

Non-compliance with statutory obligations can expose employers and responsible officers to administrative and, in some cases, criminal liability.


c. Mental Health Act (RA 11036) and OSH Law (RA 11058)

  • The Philippine Mental Health Act emphasizes the right to mental health and psychosocial support, including in the workplace. DOLE guidelines have encouraged employers to address psychosocial hazards such as bullying and harassment.
  • The Occupational Safety and Health (OSH) Law requires employers to provide a safe and healthful workplace. Psychosocial hazards, including verbal harassment and workplace bullying, have increasingly been recognized as part of OSH concerns.

While these laws may not explicitly use the term “verbal abuse,” they support the view that repeated abusive language can be a health and safety issue, not merely a “personality clash.”


III. Kinds of Legal “Cases” for Workplace Verbal Abuse

In practice, “cases for workplace verbal abuse” in the Philippines usually take the form of one or more of the following:

  1. Internal / administrative complaint within the company or agency
  2. Labor case (e.g., illegal dismissal, constructive dismissal, monetary claims, damages) before DOLE / NLRC or the Civil Service Commission (CSC) for government workers
  3. Civil action for damages based on the Civil Code
  4. Criminal complaint under the RPC or special laws like RA 7877 and RA 11313
  5. Administrative or human rights complaint before bodies such as the CSC, CHR, or professional regulatory bodies (depending on the circumstances)

These remedies can be concurrent or complementary, subject to rules against double recovery and procedural coordination.


IV. Internal and Administrative Complaints

1. HR / Company Procedures

Most workplaces (especially medium and large employers) have:

  • A Code of Conduct, Employee Handbook, or Company Rules that prohibit harassment, bullying, and “unprofessional behavior”
  • An HR grievance procedure or investigation mechanism
  • A CODI mandated by RA 7877 / RA 11313 for sexual harassment and gender-based harassment

An aggrieved employee can usually:

  1. File a written complaint with HR, the CODI, or designated officers.

  2. Participate in an investigation (fact-finding, confrontation, hearings).

  3. Seek remedies such as:

    • Verbal or written warning to the offender
    • Suspension or dismissal of the offender
    • Reassignment to avoid further harassment
    • Policy changes or mandatory training

Employers are expected to act promptly, fairly, and confidentially, and to protect complainants from retaliation.

Failure to investigate or act on known verbal abuse can later be used as evidence of:

  • Employer’s bad faith in labor cases
  • Liability under RA 7877, RA 11313, or Civil Code provisions
  • Negligence in supervision and control

2. Government Sector: CSC Rules

For government employees, the Civil Service Commission rules prohibit:

  • Discourteous conduct in the course of official duties
  • Sexual harassment and all forms of workplace discrimination and bullying

Complaints can be filed as administrative cases with the agency and/or CSC, leading to penalties such as reprimand, suspension, or dismissal from service.


V. Labor Cases Before DOLE / NLRC / CSC

1. Illegal Dismissal and Constructive Dismissal

Verbal abuse often surfaces in:

  • Illegal dismissal cases – where an employee is fired allegedly for cause, but claims the employer acted in bad faith or used fabricated grounds.
  • Constructive dismissal cases – where continuous verbal abuse and humiliation create an intolerable work environment, compelling the employee to resign.

To prove constructive dismissal, the employee needs to show that, from the standpoint of a reasonable person, the working conditions became so difficult, harsh, or hostile that continued employment was unreasonable.

Repeated verbal abuse—especially by supervisors, in public, and without remedial measures—can be critical evidence.

Remedies may include:

  • Reinstatement (with or without backwages), or
  • Separation pay in lieu of reinstatement
  • Backwages, allowances, and other benefits
  • Moral and exemplary damages, when bad faith or oppressive conduct is proven
  • Attorney’s fees

2. Claims for Damages in Labor Cases

Philippine labor tribunals have, in many cases, awarded moral and exemplary damages where:

  • Employers or supervisors used degrading language,
  • Harassed employees in front of others,
  • Abused their authority to humiliate staff.

The labor tribunals rely on both labor law and Civil Code provisions on human relations. While labor cases primarily address employment status and monetary claims arising from employment, the tribunals may grant damages when warranted by the evidence.


3. Disciplinary Cases Against Employees

Conversely, an employer may bring a disciplinary case (internally) and then defend its actions in a labor forum if challenged. For example:

  • A supervisor who repeatedly shouts, curses, and threatens subordinates may be dismissed for serious misconduct.
  • The employee may then file a complaint for illegal dismissal, and the employer must prove that the acts indeed amounted to serious misconduct and that due process was observed.

The legality of such dismissal hinges on:

  • The nature and gravity of the verbal abuse,
  • Whether the behavior is repeated or isolated,
  • Whether it demonstrates moral depravity or hostility inconsistent with the job,
  • Proper observance of the twin-notice rule and opportunity to be heard.

VI. Civil Actions for Damages

An employee may bring a civil action against the abuser and, in some cases, the employer, under the Civil Code, relying on:

  • Articles 19, 20, 21, 26, etc.
  • The general rules on torts and quasi-delicts

A civil action is appropriate where:

  • The verbal abuse caused emotional distress, mental anguish, or damage to reputation.
  • The employee seeks moral and exemplary damages, beyond what a labor tribunal might grant.
  • There are issues that go beyond the employment relationship (e.g., third-party clients or suppliers are involved).

The plaintiff must typically prove:

  1. The wrongful acts (verbal abuse, harassment)
  2. That the acts are contrary to law, morals, good customs, or public policy
  3. That they caused damage (emotional, reputational, financial)
  4. That the defendant is legally responsible (directly or vicariously)

VII. Criminal Cases

When verbal abuse crosses the line into criminal behavior, a criminal complaint may be filed with:

  • The Office of the City/Provincial Prosecutor, or
  • The barangay for conciliation (in certain cases under the Katarungang Pambarangay Law), before going to court.

Examples:

  • Grave or simple oral defamation – repeated public insults, accusations, or degrading remarks affecting reputation.
  • Unjust vexation – a pattern of harassing behavior that causes annoyance or irritation without legitimate reason (commonly used in harassment scenarios where no specific crime is squarely defined).
  • Grave/light threats – statements indicating intent to cause harm.
  • Gender-based sexual harassment under the Safe Spaces Act – sexist, misogynistic, homophobic or transphobic remarks in the workplace.

Criminal liability can lead to:

  • Imprisonment and/or fines
  • Civil liability ex delicto (damages) in the criminal case itself

Employers are not criminally liable for the employee’s personal crime (unless the law specifically provides), but may be civilly liable if negligence in supervision is proven.


VIII. Duties and Liability of Employers

Under Philippine law and policy, employers are expected to:

  1. Prevent workplace harassment and bullying, including verbal abuse.
  2. Adopt clear policies prohibiting verbal harassment, bullying, and discrimination.
  3. Create effective complaint mechanisms, including a functioning CODI where mandated.
  4. Investigate promptly and fairly any verbal abuse complaint.
  5. Protect complainants from retaliation or further harassment.
  6. Provide training and awareness programs on harassment, diversity, and respectful workplace conduct.
  7. Integrate psychosocial risks (like bullying and harassment) into their OSH and mental health programs.

Failure to meet these obligations can result in:

  • Labor liability (damages, findings of bad faith, unfair labor practices)
  • Administrative penalties under DOLE regulations and special laws
  • Exposure to civil suits and reputational damage

IX. Distinguishing Legitimate Management from Verbal Abuse

A nuanced point in Philippine practice is distinguishing:

  • Legitimate performance management, which may involve criticism, correction, or firm language, from
  • Verbal abuse, which is degrading, insulting, or deliberately humiliating.

Courts and tribunals look at factors such as:

  • Tone and words used: Are they directed at the work (“your report has errors”) or at the person (“bobo ka”, “wala kang silbi”)?
  • Frequency and pattern: Is this a one-off outburst in a stressful situation, or a daily pattern of humiliation?
  • Setting: Is criticism given in private, or is the employee being publicly shamed?
  • Intent and impact: Is the objective to correct performance, or to intimidate, degrade, or “break” the employee?
  • Power imbalance: Abuse by a manager or owner carries more weight than rude remarks between peers.

Management prerogative does not authorize humiliation, contempt, or discriminatory remarks, even when discussing poor performance.


X. Evidence in Verbal Abuse Cases

Because abuse is verbal and often denied, evidence is critical. Typical forms include:

  • Witness testimony (co-workers, clients, others present)
  • Audio recordings (subject to admissibility and privacy rules)
  • Text messages, emails, chat logs (e.g., Viber, WhatsApp, company messaging platforms)
  • Incident reports, HR memos, complaint letters
  • Medical or psychological records showing anxiety, depression, or stress related to the abuse
  • Pattern evidence – showing that multiple employees experienced similar abuse from the same person

The stronger and more consistent the evidence, the more likely labor tribunals and courts will find in favor of the aggrieved employee.


XI. Practical Paths for an Aggrieved Employee (General Overview)

Without giving personalized legal advice, a typical practical path may involve:

  1. Documenting incidents

    • Keep a chronological log of what was said, when, where, who was present.
    • Preserve messages, emails, and screenshots.
  2. Checking internal policies

    • Review the employee handbook, code of conduct, and anti-harassment policies.
    • Identify the proper complaint channels (HR, CODI, grievance committee).
  3. Filing an internal complaint

    • Submit a written complaint describing the verbal abuse and attaching evidence.
    • Request non-retaliation measures and, if needed, temporary reassignment or schedule changes.
  4. Exploring external remedies

    • For labor issues (dismissal, constructive dismissal, unpaid benefits, damages): File a complaint with DOLE or NLRC (or CSC for government workers).
    • For sexual or gender-based harassment: Use workplace mechanisms and/or consider complaints under RA 7877 and RA 11313.
    • For civil damages: Consult a lawyer about a civil action under the Civil Code.
    • For criminal offenses: File a criminal complaint with the prosecutor or appropriate authorities.
  5. Protecting mental health

    • Seek medical or psychological support if the abuse has affected mental health.
    • This also serves as important documentary evidence.

Because prescription periods (deadlines) and procedural rules can be strict and technical, it is wise to consult a Philippine labor or litigation lawyer early.


XII. Practical Duties for Employers and Managers

From the employer side, to reduce risk and uphold workers’ rights, it is prudent to:

  • Enact clear written policies against harassment and bullying (including verbal abuse).
  • Ensure such policies explicitly cover verbal acts, whether in person or online.
  • Form and train a CODI or equivalent body.
  • Conduct regular training on respectful communication, diversity, and anti-harassment laws.
  • Foster a culture where employees can report issues without fear.
  • Address complaints quickly, fairly, and transparently, with proportionate sanctions.
  • Incorporate behavioural standards into performance review for managers (not just targets and metrics).

XIII. Conclusion

In Philippine law, workplace verbal abuse is not confined to a single statute, but is regulated through a network of laws and doctrines:

  • Labor Code and labor jurisprudence (illegal dismissal, constructive dismissal, serious misconduct, damages)
  • Civil Code provisions on human relations and damages
  • Criminal law (defamation, threats, unjust vexation, coercion)
  • Special laws on sexual and gender-based harassment, mental health, and occupational safety and health

Whether as an employer or an employee, understanding how these legal pathways interrelate is crucial. Because each situation turns heavily on specific facts, evidence, and timelines, anyone facing or dealing with workplace verbal abuse in the Philippines should seek individualized legal advice from a qualified Philippine lawyer or labor specialist.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.