Workplace verbal harassment — persistent insulting remarks, threats, humiliation, sexist slurs, unwanted sexual comments, misogynistic or homophobic jokes, and other forms of degrading oral conduct — remains one of the most under-reported labor violations in the Philippines. While physical violence leaves visible marks, verbal harassment inflicts psychological injuries that are equally serious and, under Philippine law, equally actionable.

This article comprehensively discusses the legal framework, available remedies, filing procedures, prescriptive periods, penalties, and practical strategies for victims of workplace verbal harassment as of December 2025.

Legal Bases

1. Republic Act No. 7877 (Anti-Sexual Harassment Act of 1995), as amended and strengthened by jurisprudence and implementing rules

RA 7877 remains the primary law against sexual harassment in employment, education, and training environments. Verbal conduct is expressly covered when it meets any of the following:

The sexual favor is made as a condition of hiring, continued employment, promotion, or any employment benefit (demand-type).
The verbal conduct creates an intimidating, hostile, or offensive working environment (hostile environment-type).
The conduct would result in a hostile environment for a reasonable person of the same sex as the complainant (reasonable person standard as adopted in Philippine jurisprudence).

Covered verbal acts include but are not limited to:

Persistent unwanted sexual remarks, jokes, innuendos
Sexist or misogynistic comments
Catcalling or “pacute” whistles inside the office
Gender-based slurs (e.g., “bakla ka kasi,” “babae ka lang”) when used to demean or humiliate

The law applies to both employer and co-employee liability. The employer is solidarily liable if they failed to create a Committee on Decorum and Investigation (CODI) or failed to act on a complaint.

2. Republic Act No. 11313 (Safe Spaces Act or Bawal Bastos Law, 2019) and its IRR (DOLE-DILG-DOT-PCW Joint Administrative Order No. 001-2021)

The Safe Spaces Act dramatically expanded protection against gender-based sexual harassment (GBSH) by explicitly including workplaces under its coverage (Section 4). It defines GBSH broadly and includes acts committed online or through technology.

Verbal acts punishable under RA 11313 include:

Catcalling, wolf-whistling, misogynistic, transphobic, homophobic, and sexist slurs
Persistent unwanted comments on one’s appearance or body
Persistent requests for sexual favors even after refusal
Use of words with sexual connotations intended to demean or humiliate
Online gender-based sexual harassment (e.g., repeated sexual messages via workplace chat groups or company email)

Crucially, RA 11313 removed the “demand, request or requirement” element for hostile environment cases. It is enough that the act is unwanted, gender-based, and creates a hostile or offensive environment.

Penalties under RA 11313 are heavier than RA 7877 and are graduated:

1st offense: Fine of ₱10,000–₱50,000
2nd offense: Fine of ₱50,000–₱100,000 and/or imprisonment of 6 months to 1 year
3rd offense: Fine of ₱100,000–₱300,000 and/or imprisonment of 1 to 3 years

3. Labor Code (Presidential Decree No. 442, as amended) – Constructive Dismissal and Serious Misconduct

Non-sexual but severe verbal abuse (e.g., daily public humiliation, shouting, threats of termination, racist or tribal slurs) may constitute constructive dismissal under Article 300 [285] if it makes continued employment intolerable.

Such conduct may also be classified as serious misconduct or willful disobedience by the erring employee/superior, justifying termination.

4. Revised Penal Code Provisions (when applicable)

Article 282 – Grave threats
Article 353 – Libel (if reduced into writing or widely circulated)
Article 358 – Slander by deed (public humiliation)
Article 287 – Unjust vexation (for lesser but repeated annoying conduct)
Article 151 – Intriguing against honor (spreading malicious rumors)

5. Republic Act No. 9710 (Magna Carta of Women) and its IRR

Section 19 prohibits gender-based discrimination and harassment in the workplace. Verbal acts that discriminate on the basis of sex, pregnancy, marital status, or gender identity/expression may be prosecuted administratively.

6. Civil Service Commission Rules (for government employees)

CSC Resolution No. 01-0940 (Administrative Disciplinary Rules on Sexual Harassment) and CSC MC No. 13, s. 2017 classify verbal sexual harassment as grave, less grave, or light offense depending on frequency and severity.

Where and How to File

Victims have multiple concurrent remedies. They may choose one or pursue all simultaneously.

A. Internal Company Remedy (Mandatory First Step in Most Cases)

Every employer with 10 or more employees is required by RA 7877 and DOLE Labor Advisory No. 09-20 to constitute a Committee on Decorum and Investigation (CODI).
Procedure:

Submit written or verbal complaint to CODI within 6 months (RA 7877) or no prescriptive period under company policy for RA 11313 cases.
CODI must investigate within 10 working days and submit report with recommendation.
Possible sanctions: warning, reprimand, suspension, termination.

Failure of the employer to act makes them solidarily liable.

B. Department of Labor and Employment (DOLE) – Administrative Case

File a Request for Assistance (RFA) or formal complaint at the DOLE Regional Office or through the Single Entry Approach (SEnA) within 3 years.

DOLE can impose:

Monetary awards for moral/exemplary damages (₱50,000–₱300,000 common in settled cases)
Order reinstatement or separation pay if constructive dismissal is proven
Administrative fines up to ₱500,000 for violation of occupational safety and health standards (mental health is now included under DOLE DO 208-20)

C. Criminal Complaint under RA 11313

File directly with the Prosecutor’s Office or through the Barangay (for acts punishable by imprisonment not exceeding 1 year).

No need to wait for company investigation. The public prosecutor handles the case. Private lawyers may file as private prosecutor for heavier penalties.

D. Criminal Complaint under Revised Penal Code

File with Prosecutor’s Office (no barangay requirement if penalty exceeds 1 year imprisonment).

E. Civil Action for Damages

File independently or as incident to criminal case. Damages awarded in recent cases range from ₱100,000 to ₱500,000 for moral damages plus attorney’s fees.

F. National Labor Relations Commission (NLRC) – Illegal/Constructive Dismissal

If the harassment forced resignation, file within 4 years from resignation date. Backwages, moral/exemplary damages, and attorney’s fees are recoverable.

Prescriptive Periods (As of 2025)

RA 7877 internal complaint: 3 years (jurisprudence extended from original 6 months)
RA 11313 criminal: 3 years from last act (continuing crime doctrine applies for repeated harassment)
DOLE administrative: 3 years
Constructive dismissal (NLRC): 4 years
Civil damages: 4 years from discovery
Revised Penal Code crimes: depends on penalty (12 years for grave slander, 6 months for unjust vexation)

Evidence Required

Strong cases are won with:

Screenshots of messages (Viber, Messenger, email, Teams, Slack)
Audio/video recordings (admissible under the Anti-Wire Tapping Law if one-party consent and taken in public office areas or when the victim is a party to the conversation)
Witness testimonies (co-employees)
Psychological evaluation report (crucial for moral damages)
Log of incidents with dates, time, exact words used
Company chat logs or CCTV footage with audio (if available)

Landmark Cases and Awards (Selected)

Villarama v. NLRC (G.R. No. 106341, 1995) – Established employer solidary liability
Philippine Aeolus v. NLRC (G.R. No. 124617, 2000) – Recognized hostile environment sexual harassment
Recent NLRC/DOLE cases (2022–2025) have consistently awarded ₱100,000–₱300,000 moral damages for verbal sexual harassment even without physical contact
Quezon City RTC Branch 221 (2023) sentenced a supervisor to 2 years imprisonment under RA 11313 for repeated transphobic slurs against a gay employee

Special Notes for Vulnerable Groups

LGBTQ+ employees: While the SOGIE Equality Bill remains pending, transphobic/homophobic slurs are already punishable under RA 11313 if they are gender-based, and under Magna Carta of Women IRR if directed at perceived gender.
Domestic workers: RA 10361 (Kasambahay Law) explicitly penalizes verbal abuse with ₱10,000–₱40,000 fine.
BPO/call center agents: Night shift differential harassment and sexual comments via client calls are covered.

Practical Recommendations for Victims

Document everything immediately.
Inform a trusted superior or HR in writing.
Seek psychological first aid (mandatory under RA 11036 Mental Health Act; employers must provide).
Consult PAO, IBP free legal aid, or NGOs (Gabriela, Sentro ng Manggagawa, Legal Rights Center) if needed.
Never sign any waiver or quit without legal advice — it may bar future claims.

Workplace verbal harassment is not “part of the job,” nor is it “just words.” Philippine law has evolved significantly in the last decade to recognize its serious impact on dignity, mental health, and productivity. Victims who speak up not only obtain justice but help create safer workplaces for everyone.

December 2025