Filing Complaints for Workplace Verbal Harassment in the Philippines

Workplace verbal harassment remains one of the most common yet under-reported forms of employee rights violations in the Philippines. It includes sexist remarks, misogynistic or homophobic slurs, persistent sexual jokes, malicious gossip, public humiliation, threats, derogatory name-calling, and gender-based insults that create a hostile, intimidating, or offensive work environment. Since the enactment of the Safe Spaces Act (RA 11313) in 2019, verbal harassment—whether sexual or gender-based—has been explicitly criminalized and administratively actionable even when committed by co-workers (peer harassment) and not only by superiors.

This article comprehensively explains the current legal framework as of December 2025, the different forms of verbal harassment recognized by law and jurisprudence, the multiple avenues for filing complaints, procedural requirements, possible remedies, and practical strategies that have proven effective in actual cases handled by the DOLE, NLRC, courts, and the Civil Service Commission.

Legal Framework Governing Workplace Verbal Harassment

  1. Republic Act No. 7877 (Anti-Sexual Harassment Act of 1995)
    Remains in full force and effect. It covers sexual harassment committed in a work-related or employment environment when:

    • The sexual favor is made a condition of employment, promotion, or privilege, or
    • The acts create an intimidating, hostile, or offensive working environment (hostile environment sexual harassment).

    Verbal conduct of a sexual nature (lewd comments, sexual jokes, catcalling inside the office, persistent “pang-aasar” with sexual undertones) clearly falls under this law.

  2. Republic Act No. 11313 (Safe Spaces Act or Bawal Bastos Law, 2019) and its IRR (DOLE-DILG-PNP-PCW Joint Administrative Order No. 2021-001)
    This is now the primary law for most verbal harassment cases because it explicitly covers gender-based sexual harassment committed by any person in the workplace, including co-workers, clients, or third parties.
    Section 4 lists acts that are punishable even if done only once:

    • Catcalling, wolf-whistling, leering
    • Unwelcome sexual remarks, comments about a person’s body, clothing, or appearance
    • Persistent unwanted invitations or requests for dates/sexual favors
    • Making sexual gestures or sounds
    • Misogynistic, transphobic, homophobic, or sexist slurs
    • Persistent telling of sexual jokes despite being told to stop
    • Stalking, flashing of private parts, or showing pornographic materials

    The law applies to both physical and online workplaces (including Facebook Messenger, Viber groups, or company email).

  3. Labor Code of the Philippines (Presidential Decree No. 442, as amended)
    Articles 3, 166, and 292 guarantee humane conditions of work and security of tenure. Severe or pervasive verbal abuse that makes continued employment intolerable constitutes constructive dismissal (numerous Supreme Court decisions since 2010 have consistently upheld this).

  4. Republic Act No. 9710 (Magna Carta of Women) and its IRR
    Prohibits gender-based discrimination and mandates the creation of Gender and Development (GAD) programs.

  5. Republic Act No. 11036 (Mental Health Act) and DOLE Advisory No. 11-23 (Workplace Policy on Mental Health)
    Requires employers to address psychosocial hazards, including harassment that causes anxiety, depression, or trauma.

  6. Civil Code provisions (Articles 19, 20, 21, 26, 32, 33, 34, 100, 2176)
    Allow claims for damages even if the act is not criminal (abuse of rights, acts contra bonos mores, violation of dignity, moral damages, exemplary damages).

  7. ILO Convention No. 190 (Violence and Harassment Convention, 2019)
    Ratified by the Philippines in 2023. DOLE Department Order No. 243-24 (2024) now requires all employers to adopt a policy against violence and harassment (including verbal) consistent with C190.

Forms of Verbal Harassment Recognized in Philippine Law and Jurisprudence

Type Examples Primary Law Penalty Range
Sexual comments about body or clothing “Ang sexy mo talaga sa suot mo,” “Bagay sayo maging kalibugan” RA 7877 & RA 11313 Fine ₱10,000–₱300,000 + imprisonment up to 6 months
Sexist/misogynistic slurs “Babae ka kasi, madaldal,” “Mga bakla walang kwenta” RA 11313 Fine ₱50,000–₱300,000 + imprisonment
Persistent sexual jokes despite objection Repeated “green” jokes in meetings or group chats RA 11313 Fine ₱10,000–₱100,000 (first offense)
Public humiliation or yelling with sexual undertones Berating an employee in front of others using sexual innuendo RA 7877, RA 11313, constructive dismissal Separation pay + damages
Online verbal harassment in work-related platforms Sending lewd memes in company Viber group RA 11313 + RA 10175 (Cybercrime Law) Higher penalties under Cybercrime Law

Employer Obligations (Non-Compliance Itself Is Punishable)

  • Promulgate a clear anti-harassment policy (required under RA 7877, RA 11313, DOLE D.O. 243-24)
  • Constitute a Committee on Decorum and Investigation (CODI) – now mandatory for all employers regardless of size (DOLE clarified in 2022)
  • Conduct mandatory annual gender sensitivity and anti-harassment training
  • Act immediately upon report (within 24–48 hours)
  • Protect the complainant from retaliation (retaliation is separately punishable)
  • Failure to act makes the employer solidarily liable (Supreme Court ruling in Domingo v. Rayala, G.R. No. 155831, 2008, reaffirmed in numerous 2020–2025 cases).

Step-by-Step Guide to Filing a Complaint

Option 1: Internal Complaint (Fastest and Usually Required First Step)

  1. Submit written or even text/email complaint to HR, immediate superior, or any CODI member.
  2. CODI must investigate within 10 working days (RA 11313 IRR) and submit report with recommendation.
  3. Possible sanctions against perpetrator: warning up to dismissal.
  4. If dissatisfied with outcome or employer does nothing within 15 days, proceed to external remedies.

Option 2: DOLE Administrative Complaint (Most Practical for Private Sector Employees)

File a Request for Assistance (RFA) or formal complaint at the DOLE Regional Office or via DOLE hotline 1349.
Grounds: violation of occupational safety and health standards (psychosocial hazard), RA 7877, RA 11313, ILO C190.
DOLE can conduct inspection, mandatory conference, and issue compliance order.
Penalties against employer: ₱50,000–₱100,000 per violation (DOLE D.O. 243-24).
No filing fee, very employee-friendly.

Option 3: Criminal Complaint under RA 11313 (For Acts Committed After July 2019)

File directly with the City/Provincial Prosecutor’s Office or with the barangay for possible mediation (though mediation is prohibited for grave acts).
No need to wait for internal investigation.
Prescription: 3 years for less grave, 10–20 years for grave acts.
Evidence accepted: screenshots, recordings (even secret recordings are admissible if the recording party is part of the conversation – Supreme Court 2022 ruling), witness affidavits, chat logs.

Option 4: Criminal Complaint under Revised Penal Code (When Applicable)

  • Unjust vexation (Art. 287) – for repeated malicious teasing
  • Oral defamation/slander (Art. 358) – if done in front of others
  • Alarms and scandals (Art. 155) – for public disturbance
    These are filed with the prosecutor; prescription is only 1 year for light offenses.

Option 5: NLRC Constructive Dismissal Case (When Harassment Forces Resignation)

File illegal/constructive dismissal within 4 years.
Reliefs: reinstatement or separation pay + full backwages + moral and exemplary damages (awards of ₱50,000–₱500,000 moral damages are now common when harassment is proven).

Option 6: Civil Action for Damages (Independent of Criminal Case)

File at Regional Trial Court for moral, exemplary, and temperate damages under Articles 19–34 and 100 of the Civil Code.
No prescription if based on quasi-delict (4 years) or can be 10 years if based on written contract (employment contract).

Option 7: Civil Service Commission (For Government Employees)

File administrative complaint for Grave Misconduct, Conduct Prejudicial to the Best Interest of the Service, or Disgraceful and Immoral Conduct.
Penalty up to dismissal with forfeiture of benefits.

Evidence That Courts and Agencies Actually Accept (2020–2025 Cases)

  • Screenshots of Viber/Facebook Messenger conversations
  • Secret voice recordings (if you are a party to the conversation)
  • Group chat logs printed and certified by co-workers
  • Medical certificate showing anxiety or depression caused by harassment
  • Performance appraisals showing sudden drop after harassment started
  • Witnesses who heard the remarks
  • Email trails showing complaints ignored by HR

Remedies Available to Victims

  • Monetary penalties paid by perpetrator
  • Separation pay + backwages + damages (NLRC)
  • Moral damages (₱50,000–₱500,000 typical in recent cases)
  • Exemplary damages
  • Attorney’s fees (10–20% of award)
  • Immediate transfer of perpetrator or victim (with victim’s consent)
  • Mandatory psychological counseling for perpetrator
  • Public apology ordered in some cases

Practical Tips From Successful Complainants (2020–2025)

  1. Document everything immediately – save messages, record dates and witnesses.
  2. Send your complaint via email or registered mail so there is proof of receipt.
  3. Do not resign immediately – wait until harassment becomes intolerable and you have documentation; resignation without basis weakens constructive dismissal claim.
  4. File simultaneously in multiple venues if needed (DOLE + prosecutor + NLRC).
  5. Seek free legal assistance from the Public Attorney’s Office (PAO), Integrated Bar of the Philippines (IBP), or NGOs such as Gabriela, Sentro ng mga Nagkakaisa at Progresibong Manggagawa (SENTRO), or the DOLE Legal Service.

Workplace verbal harassment is no longer merely a “human resources issue.” It is a criminal offense, an administrative violation, and a labor standards breach that carries serious consequences for both the perpetrator and a negligent employer. Victims now have stronger, clearer, and more accessible remedies under the Safe Spaces Act and ILO Convention 190 framework than at any previous time in Philippine history. Silence is no longer necessary—reporting is both a right and, increasingly, a protected act that employers retaliate against at their peril.

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