Navigating the legalities of workplace harassment and verbal abuse requires an understanding of two distinct but often overlapping areas of Philippine law: Criminal Law (Revised Penal Code) and Labor Law (Republic Acts and DOLE Mandates).
If you are a victim of oral defamation and bullying within a professional setting, here is the comprehensive framework for seeking redress.
1. Oral Defamation (Slander)
Under the Revised Penal Code (RPC), oral defamation is the act of speaking words that maliciously impute a crime, vice, defect, or any act that tends to cause dishonor, discredit, or contempt for another person.
Classification
- Simple Slander: Oral defamation that does not seriously insult or dishonor the victim.
- Grave Slander: Oral defamation that, by its nature, manner of utterance, and the relationship of the parties, is considered serious and insulting. In a workplace, calling someone a "thief" or "incompetent" in front of colleagues often falls under this category.
Elements to Prove
To file a successful case, the following elements must be present:
- There must be an imputation of a crime, vice, defect, or act.
- The imputation must be made publicly (heard by a third person).
- The imputation must be malicious.
- The imputation must be directed at a natural or juridical person.
- The imputation must tend to cause dishonor or contempt.
2. Workplace Bullying
Workplace bullying is generally governed by the Safe Spaces Act (RA 11313) and RA 10627 (Anti-Bullying Act), though the latter primarily focuses on schools. In a corporate setting, the Department of Labor and Employment (DOLE) and the Civil Service Commission (CSC) provide the regulatory framework.
Common Forms of Workplace Bullying
- Cyber-bullying: Slanderous claims made via email, Slack, or social media.
- Gender-based Harassment: Persistent mocking or derogatory comments based on sex or sexual orientation.
- Professional Sabotage: Unjustified work interference or withholding of information.
3. The Step-by-Step Filing Process
Step 1: Documentation and Evidence Gathering
A legal case is only as strong as its evidence. You must secure:
- Affidavits of Witnesses: Statements from colleagues who personally heard the defamatory remarks.
- Recordings: While the Anti-Wiretapping Act generally prohibits recording private conversations without consent, recordings made in a public office setting where there is no "reasonable expectation of privacy" may sometimes be admissible. Consult a lawyer before using these.
- Documentary Evidence: Screenshots of messages, emails, or performance reviews used as tools for bullying.
- Incident Reports: Copies of formal complaints filed with Human Resources (HR).
Step 2: The Internal Grievance Mechanism
Before heading to court, you are usually expected to exhaust administrative remedies:
- File a formal complaint with HR: Most companies are required by the Safe Spaces Act to have an internal mechanism and a Committee on Decorum and Investigation (CODI).
- Mediation: The company may attempt to mediate between the parties.
Step 3: Filing the Criminal Complaint (For Oral Defamation)
If the internal process fails or if you wish to pursue criminal charges:
- Barangay Conciliation: If both parties reside in the same city/municipality, you must generally undergo barangay conciliation first to obtain a Certificate to File Action.
- Preliminary Investigation: File a complaint-affidavit with the Office of the City or Provincial Prosecutor. The prosecutor will determine if there is "probable cause" to bring the case to court.
- Trial: If probable cause is found, an Information (criminal charge) is filed in the Municipal or Regional Trial Court.
Step 4: Filing a Labor Case (For Constructive Dismissal)
If the bullying becomes so unbearable that you are forced to resign, this may constitute Constructive Dismissal.
- Single Entry Approach (SEnA): File a request for assistance at the nearest National Labor Relations Commission (NLRC) or DOLE office for mandatory conciliation/mediation.
- Labor Arbiter: If mediation fails, you file a formal position paper. You may claim backwages, separation pay, and moral damages.
4. Prescriptive Periods
Time is of the essence when filing these cases:
- Oral Defamation (Slander): The case must be filed within six (6) months from the time the defamatory words were spoken or discovered.
- Grave Oral Defamation: Also follows the six-month prescription under the RPC for "light offenses" or "less grave" classifications depending on the penalty.
- Money Claims/Labor Cases: Generally three (3) years from the time the cause of action accrued.
5. Penalties and Remedies
| Action | Potential Penalty/Remedy |
|---|---|
| Criminal Oral Defamation | Imprisonment (Arresto Mayor to Prision Correccional) and/or fines. |
| Civil Liability | Moral damages, exemplary damages, and attorney's fees. |
| Administrative/Labor | Reinstatement, backwages, and company-issued sanctions (suspension/dismissal) against the bully. |
Summary of Essential Laws
- Revised Penal Code, Art. 358: Defines and penalizes Oral Defamation.
- RA 11313 (Safe Spaces Act): Covers gender-based whistling, cursing, and persistent telling of sexual jokes in the workplace.
- Labor Code of the Philippines: Provides the basis for claims related to illegal dismissal and workplace conditions.