A practical legal article for employees, HR, and employers—covering internal remedies, administrative actions, labor avenues, and criminal prosecution.

This article is general legal information in the Philippine context, not a substitute for advice from a lawyer who can assess your specific facts.

1) What “workplace assault” can mean under Philippine law

In Philippine practice, “workplace assault” is not a single legal label. The same incident can trigger multiple, overlapping legal tracks depending on what happened:

A. Physical assault or violence

Usually prosecuted under the Revised Penal Code (RPC) as:

Physical injuries (slight / less serious / serious), depending on medical findings and days of incapacity
Maltreatment or related offenses, in some fact patterns
Grave threats / light threats
Coercion (when force or intimidation compels you to do something against your will)

B. Sexual assault and sexual misconduct

Depending on the conduct, location, relationship, and proof, this can fall under:

Acts of lasciviousness (RPC)
Sexual harassment (workplace setting)
- Anti-Sexual Harassment Act (RA 7877) (classic workplace/school training setting; power/authority or moral ascendancy often matters)
- Safe Spaces Act (RA 11313) (expands to gender-based sexual harassment in workplaces and other spaces; also covers a broader range of behaviors)

C. Psychological / verbal aggression that escalates or is used to control

Possible legal hooks include:

Grave threats / unjust vexation (older framing) or other RPC offenses depending on facts
Harassment under workplace policies (even when criminal thresholds are not met)

D. “Workplace violence” as a compliance and employer-duty issue

Even when the act is between employees, employers can have obligations under:

Occupational Safety and Health (OSH) Law (RA 11058) and its implementing rules
DOLE/OSH standards and internal safety programs
Workplace policies required or encouraged by law (e.g., committees, reporting channels)

Key point: One incident can be (1) an internal HR case, (2) an administrative case, (3) a labor case, and (4) a criminal case—at the same time.

2) The four main routes you can use (often simultaneously)

Route 1: Internal employer complaint (HR / administrative discipline)

This is often the fastest way to secure immediate workplace protection (separation of parties, schedule changes, access restrictions, sanctions).

Typical outcomes

Written warning, suspension, demotion, termination (subject to due process)
No-contact directives
Transfer/reassignment (with caution—this should not punish the complainant)

Why it matters legally

Creates an official record
Triggers employer duties to investigate and keep a safe workplace
Can support later labor or criminal filings

Route 2: DOLE-assisted resolution (SEnA) and labor remedies (NLRC)

If the assault leads to:

Constructive dismissal, forced resignation
Retaliation, discrimination, hostile work environment
Employer inaction amounting to unsafe conditions you may pursue labor remedies.

Mechanisms

SEnA (Single Entry Approach): a mandatory/standard conciliation-mediation step for many labor issues
NLRC: for money claims and illegal dismissal/constructive dismissal; case classification depends on your status and claims

Route 3: Administrative complaints for government personnel (Civil Service)

If the workplace is in government, there may be parallel remedies through:

Agency procedures
The Civil Service Commission (CSC) rules on administrative cases
Specific codes of conduct/discipline

Route 4: Criminal complaint (Police / Prosecutor / Courts)

If there’s physical harm, sexual acts, threats, coercion, or other criminal conduct, you can file a criminal complaint:

Police blotter can be an immediate first step
Most cases proceed via the Office of the City/Provincial Prosecutor (inquest vs. preliminary investigation depends on arrest circumstances)

3) Immediate steps after an assault (do these early)

A. Ensure safety first

Leave the area; seek help from security/HR/trusted supervisor.
If you’re in danger, contact emergency services.

B. Get medical documentation (even if injuries seem “minor”)

For physical assault cases, medical evidence can determine:

What offense is charged (e.g., slight vs. less serious vs. serious physical injuries)
The penalty range
The likelihood of quick action

Ask for:

Medical certificate
Photos of injuries with date/time metadata
Receipts for treatment/medicines

C. Preserve evidence (do not “clean up” the record)

Collect and keep:

CCTV requests (ask HR/security in writing ASAP because many systems overwrite quickly)
Screenshots of messages/emails
Incident reports
Photos (scene, injuries, torn clothing, damaged items)
Names/contact info of witnesses
A written timeline while memory is fresh (date, time, place, exact words, sequence)

D. Report internally in writing

Even if you reported verbally, follow with a written complaint email or letter.

4) How to file an internal workplace complaint properly

A. Identify the correct reporting channel

Depending on the company and the nature of the case, the receiver may be:

HR, Ethics/Compliance office, Security
A designated committee for sexual harassment / safe spaces complaints
Your supervisor (unless they are involved)

If the accused is your supervisor or HR is compromised, use:

A higher reporting line, ethics hotline, compliance officer, or corporate group HR
External counsel channel if available

B. What your written complaint should contain

Include:

Your identity and position (and contact details)
Accused’s identity and role
Date/time/place of incident(s)
Narrative: what happened in clear chronological order
Exact words/actions if relevant (quotes help)
Witnesses (names + departments)
Evidence list (CCTV, screenshots, medical certificate, photos)
Impact (injury, fear, inability to work, medical leave)
What you want (investigation, safety measures, no contact, schedule separation, sanctions)
Verification (statement that facts are true to the best of your knowledge)

C. Ask for interim protective measures

Reasonable interim measures include:

No-contact directive
Different shift or location (preferably not disadvantaging the complainant)
Controlled access to your workstation
Security escort, if needed
Temporary reassignment of the respondent during investigation

D. Expect due process (both sides are usually heard)

For discipline (especially termination), employers must observe substantive and procedural due process (notice and opportunity to explain, etc.). A flawed process can create employer exposure later, so HR will typically document carefully.

5) Special rules for sexual harassment and gender-based harassment

A. RA 7877 (Anti-Sexual Harassment) – workplace focus

Commonly invoked when harassment is linked to:

Authority influence (supervisor → subordinate)
Workplace training, promotions, conditions tied to submission or tolerance of harassment

It can create:

Administrative liability (discipline)
Potential criminal liability (depending on circumstances and proof)

B. RA 11313 (Safe Spaces Act) – broader coverage

Covers gender-based sexual harassment and expands the idea of actionable harassment in workplaces and other spaces. This is often relevant for:

Unwanted sexual remarks, persistent advances, humiliation, hostile environment behaviors
Harassment by peers (not only superior-subordinate scenarios)

Practical impact: Many employers are expected to have policies, reporting mechanisms, and committees aligned with these protections. If your employer has no functioning mechanism, that may itself be a compliance and safety concern.

6) When to go to DOLE / NLRC (labor-track guidance)

Consider labor avenues if any of these happen after (or alongside) the assault:

A. Retaliation or “punishing the complainant”

Examples:

Demotion, schedule sabotage, forced transfer that harms you
Harassment for reporting
Non-renewal that appears retaliatory (context matters)

B. Employer inaction

If you repeatedly report and the employer:

Refuses to investigate
Leaves you exposed to the accused
Allows repeated violence/harassment that can strengthen claims that the workplace became unsafe or intolerable.

C. Constructive dismissal

If the situation becomes so unbearable that a reasonable person would feel forced to resign, you may be looking at constructive dismissal—highly fact-specific, and best evaluated with counsel.

D. The usual sequence

Document
Internal report
If unresolved or urgent: SEnA (conciliation)
If no settlement: NLRC filing where appropriate

7) Criminal complaint process (what it looks like in real life)

A. Two common entry points

Police blotter / police assistance
Direct filing at the Prosecutor’s Office (often via a sworn complaint-affidavit)

B. What you typically submit

Complaint-affidavit (your sworn narrative)
Supporting affidavits of witnesses (if available)
Medical certificate, photos, screenshots
Any CCTV access request and response (or a note that it exists and where)

C. Preliminary investigation vs. inquest

Inquest: usually when the suspect is arrested without a warrant shortly after the incident
Preliminary investigation: typical route when the accused is not arrested immediately; prosecutor evaluates if there’s probable cause

D. Barangay conciliation (Katarungang Pambarangay) – sometimes relevant

Some disputes require barangay conciliation before court action, especially for certain low-penalty offenses and where parties fall within the barangay system’s jurisdiction. However, many workplace assault scenarios (especially those involving serious injuries, sexual offenses, or higher penalties) are not practically suited to barangay settlement and may proceed via prosecutor routes. Because the applicability is technical and fact-dependent, many complainants consult a lawyer or prosecutor’s office staff to confirm if a barangay certification is needed for the specific charge and locality.

8) Evidence rules and practical proof tips

A. Medical evidence matters enormously

“Days of incapacity” can affect the legal classification of injuries.
Follow-up checks can document bruising progression.

B. Digital evidence

Keep original files where possible (not only screenshots)
Preserve chat headers, timestamps, and message URLs/IDs if available
Avoid editing images; keep originals

C. Witnesses

Get names early
Ask witnesses to write their own recollection while fresh
Don’t pressure them; just request cooperation

D. CCTV

Request preservation in writing immediately
Ask for the camera location, time window, and custodian

9) Confidentiality, defamation risk, and “don’t accidentally weaken your case”

A. Keep communications careful

It’s normal to seek support, but public posts naming the accused can create:

Defamation counter-claims (even if you believe you are right)
HR policy violations
Complications in settlement or prosecution

A safer approach:

Communicate through formal channels
Share details only with your lawyer, HR investigators, and authorities

B. Data privacy

Employers should handle sensitive personal data carefully. You can also request that your report be treated as confidential and shared only on a need-to-know basis.

10) Protection against retaliation (what to ask for)

Even without a single “one-size” statute for all retaliation scenarios, you can request and document:

No-contact orders at work
Safe reporting lines
Separation of schedule/work area
Protection of your performance evaluation from the respondent
Non-interference with witnesses

If retaliation occurs, treat it as a new incident: document and report promptly.

11) Common scenarios and the best-fitting approach

Scenario A: Coworker punches you / throws an object

Immediate: security/HR + medical + preserve CCTV
Internal case for discipline
Criminal: physical injuries (classification depends on medical findings)

Scenario B: Supervisor threatens your job if you don’t “comply” with sexual demands

Internal complaint through designated channels
Potential RA 7877/RA 11313 angle
Consider criminal complaint depending on acts and evidence
Document quid pro quo statements carefully

Scenario C: Workplace “rough handling” framed as a joke

Still can be assault/physical injuries
Internal disciplinary route + OSH concerns
Criminal route depends on injury, intent, and proof

Scenario D: Employer ignores repeated reports and you’re forced to resign

Labor route (SEnA → NLRC) may become central
Internal paper trail is critical

12) Practical templates (useful starting points)

A. Internal complaint (short form outline)

Subject: Formal Complaint – Workplace Assault on [date]
Facts: date/time/place, what happened, injuries, witnesses
Evidence list: medical certificate, photos, screenshots, CCTV location
Requests: investigation + interim protective measures + sanctions
Closing: verification + signature

B. Complaint-affidavit (prosecutor)

Affidavit style is more formal:

Personal circumstances
Detailed narration in numbered paragraphs
Attachments marked as Annex “A”, “B”, etc.
Oath before a notary or authorized officer (depending on local practice)

13) What employers should do (for HR/compliance readers)

Employers reduce harm and legal exposure by:

Having clear reporting channels, trained investigators, and timelines
Preserving evidence (CCTV, access logs)
Applying interim measures without punishing complainants
Enforcing due process for respondents
Maintaining OSH-compliant workplace safety programs
Maintaining sexual harassment/safe spaces mechanisms and policy training
Documenting actions taken (the “paper trail” often determines outcomes)

14) When to consult a lawyer urgently

Seek legal help quickly if:

There are injuries, sexual acts, threats, stalking, or coercion
The respondent is senior leadership
You are being retaliated against or isolated
HR refuses to act or “settle quietly”
You’re considering resignation
The other side is already lawyering up

If cost is a concern, you can explore:

Public Attorney’s Office (PAO) eligibility (means-tested)
Legal aid clinics (law schools, IBP chapters, NGOs depending on locality)

15) Bottom line: the most effective strategy

For most workplace assault cases, the strongest approach is parallel action:

Secure safety and medical documentation
File a written internal complaint and demand interim protections
Preserve evidence aggressively (especially CCTV and messages)
Escalate to DOLE/labor remedies if employer inaction/retaliation occurs
File a criminal complaint when the conduct meets criminal thresholds or when safety requires it

If you want, describe what happened (who, what, when, where; injuries; workplace roles; any messages/CCTV), and I’ll map the most likely legal classifications and the cleanest filing sequence—internal, labor, and criminal—based on your facts.