In the Philippine legal landscape, every employee has the right to a work environment that is safe, professional, and respectful. Harassment and unprofessional conduct are not merely "office drama"; they are legal violations that can be addressed through administrative, civil, and criminal channels.

1. Understanding the Legal Bases

The protection against workplace harassment in the Philippines is anchored on several key pieces of legislation:

Republic Act No. 7877 (Anti-Sexual Harassment Act of 1995): This is the primary law governing sexual harassment in work, education, or training environments.
Republic Act No. 11313 (Safe Spaces Act / "Bawal Bastos" Law): This expanded the definition of sexual harassment to include gender-based refractions, catcalling, and harassment occurring in public spaces and online, including digital workspaces.
The Labor Code of the Philippines: Specifically provisions regarding the "Just Causes" for termination and the general duty of employers to provide a safe workplace.
Civil Code of the Philippines: Articles 19, 20, and 21 (Human Relations) allow for damages when a person willfully causes loss or injury to another in a manner contrary to morals, good customs, or public policy.

2. Defining the Offenses

Sexual Harassment (R.A. 7877)

Occurs when a person in authority, influence, or moral ascendancy demands, requests, or requires sexual favors, regardless of whether the demand is accepted. It is committed when:

The sexual favor is made a condition in the hiring or employment status of the individual.
The refusal results in limiting employment opportunities or discrimination.
The acts create an intimidating, hostile, or offensive environment.

Gender-Based Workplace Sexual Harassment (R.A. 11313)

This includes a broader range of acts such as:

Persistent uninvited comments or gestures on appearance.
Sexist, homophobic, or transphobic slurs.
Unwelcome sexual advances (physical or verbal).
The use of sexual toys or objects within the workplace.

Unprofessional Conduct

While not always "criminal" like sexual harassment, persistent unprofessionalism (bullying, shouting, public humiliation, or unjust criticism) can be classified as Workplace Bullying. This is often addressed through the company’s Code of Conduct or as a violation of the "General Welfare" clause of the Labor Code.

3. The Internal Complaint Procedure

Before heading to court or the Department of Labor and Employment (DOLE), employees are generally expected to exhaust internal remedies if the employer has an established Committee on Decorum and Investigation (CODI).

Review the Employee Handbook: Identify the specific grievance machinery or disciplinary process outlined by the company.
Document Everything: Keep a log of dates, times, locations, and specific words spoken. Save emails, Viber/Slack messages, and screenshots.
Formal Written Complaint: Address the complaint to the HR Department or the CODI. It should be factual, chronological, and supported by evidence or witness statements.
The Investigation: The CODI is mandated to conduct an investigation where both parties are heard (Due Process). Under the Safe Spaces Act, employers are legally required to act on these complaints or face penalties themselves.

4. External Legal Remedies

If the internal process is biased, non-existent, or the harassment is severe, the following avenues are available:

Administrative/Labor Case (DOLE/NLRC)

If the harassment results in a "Constructive Dismissal" (where the employee is forced to resign because the environment is unbearable), a case can be filed with the National Labor Relations Commission (NLRC) for illegal dismissal and damages.

Criminal Case

A complaint-affidavit can be filed with the Office of the Prosecutor for violations of R.A. 7877 or R.A. 11313. This can lead to imprisonment and/or fines.

Civil Case

A separate civil action for damages (Moral and Exemplary) can be filed in court based on the Civil Code's provisions on human relations.

5. Employer Responsibilities and Liability

Under Philippine law, the employer is not a passive bystander.

Duty to Prevent: Employers must disseminate the law and create clear internal rules.
Vicarious Liability: Under R.A. 7877, an employer can be held solidarily liable for damages if they were informed of the harassment and failed to take immediate action.
Non-Retaliation: The law prohibits retaliating against any employee who files a complaint or testifies in an investigation.

6. Evidence Checklist for Complainants

To build a strong case, an employee should gather:

Testimonial Evidence: Statements from coworkers who witnessed the behavior.
Documentary Evidence: Performance reviews (to prove the harassment isn't based on poor performance), memos, and official communication.
Digital Evidence: Screenshots of chats, logs of Zoom calls, or recordings (noting the Anti-Wiretapping Act, though recordings of one's own conversation in the context of a crime are often debated in court).