This article explains the full landscape—what counts as bullying or harassment, the laws that apply, who handles which cases, the step-by-step filing process, evidence standards, employer duties, and likely outcomes—for both private and public sector workers in the Philippines.

1) What “workplace bullying” and “harassment” mean in PH law

Philippine statutes don’t use a single, catch-all term for “workplace bullying.” Instead, conduct typically falls under one or more of these legal buckets:

Sexual harassment and gender-based harassment. Covers quid pro quo and hostile-environment sexual harassment, sexist remarks, unwanted advances, leering, stalking (including online), and harassment by superiors, peers, or third parties (clients, suppliers), whether onsite or remote. Key laws: Anti-Sexual Harassment Act (Rep. Act No. 7877) and Safe Spaces Act (Rep. Act No. 11313) and their implementing rules.
Psychological/psychosocial hazards and mental-health risks at work. Persistent humiliation, verbal abuse, social exclusion, or intimidation can be treated as psychosocial hazards that employers must prevent and address under occupational safety and health and mental-health policies. Key laws/policies: OSH Law (Rep. Act No. 11058) and IRR; Mental Health Act (Rep. Act No. 11036) and workplace guidelines.
Other unlawful acts that often appear in bullying scenarios. Threats, coercion, physical assault, slander/libel, data-privacy violations, and cyber-harassment may trigger the Revised Penal Code, the Cybercrime Prevention Act (RA 10175), and the Data Privacy Act (RA 10173).

Bottom line: If the behavior is unwelcome and creates a hostile, intimidating, or demeaning work environment—or uses power to extract sexual favors or punish refusals—it is likely actionable.

2) Who can file and against whom

You can file whether you are a regular employee, probationary, project-based, casual, apprentice, intern/OJT, or contractor deployed onsite. Public-sector officials and employees are covered by Civil Service rules.
You can complain about a superior, peer, subordinate, or a third party interacting with your workplace (client, vendor, visitor). Employers must protect you from third-party harassment, not just co-workers.

3) Where to file (forum selection guide)

Use this quick routing map; you can pursue multiple tracks when appropriate.

Private-sector internal route (recommended first line for harassment/bullying):
- Report to HR or the Committee on Decorum and Investigation (CODI) mandated by RA 7877 and RA 11313.
- Triggers an administrative fact-finding/investigation that can discipline the offender and require remedies (e.g., suspension, termination, no-contact directives, workplace accommodations).
Public-sector internal route:
- File with your agency’s CODI and proceed under Civil Service Commission (CSC) rules. Administrative penalties can be imposed; appeals go to the CSC.
Department of Labor and Employment (DOLE):
- SEnA (Single Entry Approach): file a request for assistance with a DOLE Field/Regional Office for conciliation-mediation (often used to compel the employer to act, to enforce anti-harassment policies, or to address OSH/mental-health policy gaps).
- Labor standards/OSH complaints: for failure to maintain a safe workplace, lack of CODI/policies, or retaliation. Inspectors can cite and require corrective action.
National Labor Relations Commission (NLRC):
- If harassment/bullying led to constructive dismissal/illegal dismissal or money claims (e.g., lost wages due to retaliatory actions), file a labor case.
Criminal/civil authorities:
- Prosecutor’s Office/Police for crimes (e.g., acts of lasciviousness, threats, physical injuries, cyber-harassment).
- Civil action for damages under the Civil Code for tortious conduct.
Commission on Human Rights (CHR):
- For gender-based or other human-rights-related workplace abuses; CHR can investigate and recommend actions.

You do not have to choose only one. A common sequence is: Internal complaint → DOLE SEnA (if employer stalls or for settlement) → NLRC or Prosecutor (if needed).

4) Employer duties (private & public sectors)

Have written policies prohibiting sexual harassment and gender-based harassment and create a CODI with balanced representation (management, employees, women).
Provide safe reporting channels, ensure confidentiality, protect complainants and witnesses from retaliation, and offer support measures (paid leave adjustments, schedule changes, temporary transfers, no-contact orders, security).
Conduct prompt, impartial investigations and impose sanctions when warranted.
Address psychosocial risks through OSH/mental-health programs (training, risk assessment, counseling/REFERRAL pathways).
Third-party liability: employers may be sanctioned if they fail to act on customer/vendor harassment.

5) Evidence and documentation (what actually wins cases)

Strong evidence (any mix helps):

A written incident log: dates/times, locations (onsite/online), who was present, exact words/actions, your response, and effects on work/health.
Direct communications: emails, chats, texts, DMs, screenshots (preserve headers/URLs/metadata where possible).
Physical evidence: gifts/notes, access logs, CCTV if lawfully obtained.
Witnesses: co-workers who saw or heard incidents; affidavits later.
Medical/psychological records: if you sought treatment or counseling.
Work records showing retaliation: sudden demotions, unfair evaluations, denied schedules, withheld pay/benefits after reporting.

Preservation tips:

Save originals; export chat/email threads to PDF.
Keep a timeline.
Avoid recording conversations unless you understand PH anti-wiretapping rules. (Secret audio recording can carry risk.)

6) How to file: step-by-step

A) Internal complaint (CODI/HR) – private sector

Check policy & channel. Locate your company’s anti-harassment policy and the CODI/HR contact. If none exists, you can still file with HR or management; note the absence for DOLE.
Prepare your complaint packet.
- Complaint letter or form stating: your identifying details; respondent’s name/position; narrative of facts (chronological, specific, objective); legal/ policy grounds (sexual harassment, gender-based harassment, bullying/psychosocial hazard); requested relief (discipline, no-contact, transfer, schedule change, work-from-home, paid leave, etc.).
- Attachments: logs, screenshots, emails, witness names, medical notes.
Submit and request acknowledgment. Use company channel (email/portal). Ask for written acknowledgment and a case/reference number.
Interim protection. Request immediate measures (no-contact, seating/shift changes, remote work, security escort if needed).
Investigation. The CODI/HR should: notify the respondent, receive a written answer, interview parties/witnesses, review evidence, and keep proceedings confidential and impartial.
Resolution. You should receive a written decision and be told about your appeal options. Remedies can include sanctions, training, apology with conditions, and workplace adjustments.

B) Internal complaint – public sector (CSC track)

File with your agency’s CODI under the agency’s sexual harassment rules. Administrative cases proceed under CSC procedures; you may appeal to the CSC.

C) DOLE route (SEnA and/or OSH)

SEnA: File a Request for Assistance (RFA) at a DOLE Field/Regional Office where you work or reside. State the issues (harassment, retaliation, failure to act, lack of CODI/policy). DOLE will schedule a conciliation-mediation (usually within 30 days). You can agree on undertakings (employer to complete investigation; implement no-contact; extend paid leave; issue sanctions/transfer).
Labor standards/OSH complaint: If the employer lacks a CODI/policy, fails to investigate, or allows retaliation, you can lodge a labor standards/OSH complaint. Inspectors can require compliance and impose penalties.

D) NLRC (if there’s dismissal or monetary claims)

File a complaint (e.g., illegal dismissal, constructive dismissal, damages) with the NLRC. NLRC cases also start with mandatory conference then proceed to position papers and decision.

E) Criminal/civil actions

For conduct that is a crime (e.g., acts of lasciviousness, physical injury, grave threats, cyber-harassment, stalking), prepare a Complaint-Affidavit with attachments and file with the City/Provincial Prosecutor (or police).
You may also pursue civil damages for moral/ exemplary damages and attorney’s fees under the Civil Code.

Parallel filing: You may run an internal case and a DOLE/NLRC case and a criminal case at the same time. Outcomes in one may inform another, but each has its own standards and remedies.

7) Timelines, burden of proof, and due process

Internal/CODI cases are administrative; decisions are based on substantial evidence (more than a mere scintilla; enough that a reasonable mind might accept it).
Criminal cases require proof beyond reasonable doubt; civil cases use preponderance of evidence.
Promptness matters. Report as soon as practicable; late reporting is not fatal, but contemporaneous logs and preserved messages are persuasive.
Due process for both sides is required: notice of charges, chance to respond, impartial tribunal, reasoned decision.

8) Protection against retaliation

Retaliation for reporting (discipline, demotion, hostile scheduling, pay cuts, hostile reassignments) is unlawful. Report it immediately as a separate violation.
Ask for interim protective measures in writing and document any adverse acts after you complain. These can later underpin constructive-dismissal or damages claims.

9) Special situations

Work-from-home/online harassment: Chat, email, and video-call misconduct are covered. Preserve digital evidence with timestamps and URLs.
Third-party harassers (clients/vendors): Employers must intervene—remove the harasser from your account, assign a different handler, or impose access restrictions.
Small businesses without HR/CODI: You can still file directly with the owner/manager and go to DOLE if the employer fails to set up required mechanisms.
Unionized workplaces: Consult your CBA grievance procedure; it runs in addition to your statutory remedies.
Overseas Filipino Workers (OFWs): If employed abroad, report to your employer and the DMW/POLO post; local host-country laws also apply. Keep copies of your contract and host-country complaint filings.

10) Remedies and likely outcomes

Administrative (workplace): written warning to dismissal of offender; mandated training; no-contact orders; job/shift changes; restoration of lost opportunities; back pay if retaliation is reversed.
DOLE/OSH: compliance orders, penalties, mandatory policy adoption, safety measures, mental-health program improvements.
NLRC: reinstatement or separation pay, back wages, damages, attorney’s fees (case-dependent).
Criminal: fines and imprisonment (statutory), plus possible civil liability in the same case.
Civil: moral, exemplary, and temperate damages, plus costs.

11) Practical checklists

A) Incident log template (keep privately, update promptly)

Date & time:
Location/Platform: (office floor, Zoom, WhatsApp, etc.)
People present:
What happened (verbatim words/actions):
Your response:
Immediate effects: (anxiety, missed shift, etc.)
Saved evidence: (file name/path, screenshot #, email subject)

B) Internal complaint outline

Heading: Your name/position; Respondent’s name/position.
Statement of facts: Chronological, specific, objective.
Policy/law invoked: (e.g., Company Code of Conduct; Anti-Sexual Harassment Policy; Safe Spaces compliance; OSH psychosocial risk).
Relief requested: Disciplinary action; no-contact; temporary transfer; schedule flexibility; WFH; counseling referral; OSH risk assessment; training; make-whole remedies.
Attachments: Logs, screenshots, emails, affidavits, medical notes.
Confidentiality & anti-retaliation: Request express measures and contact person for updates.

C) DOLE SEnA Request for Assistance (RFA) pointers

Identify your employer, worksite, and concise issues (e.g., “failure to act on sexual harassment complaint; no CODI; retaliatory shift changes”).
State desired outcomes (e.g., “complete investigation within a set period; implement no-contact; pay withheld allowances; adopt/activate CODI”).
Bring two sets of documents; prepare to summarize facts in 3–5 minutes.

12) Common mistakes to avoid

Relying on verbal reports only. Always follow up in writing and ask for acknowledgment.
Deleting messages. Archive instead; deletion can look like spoliation.
Engaging the harasser after filing. Route communications through HR/CODI if possible.
Accepting “informal settlements” without terms. Put agreements in writing with timelines and responsible persons.
Missing limitation periods for labor/civil actions. Move promptly, especially after any adverse employment action.

13) Frequently asked questions

Do I have to confront the harasser first? No. Report through formal channels; your safety and privacy come first.
Can I remain anonymous? You can ask for limited disclosure, but due process typically reveals your identity to the respondent during investigation.
What if the harasser is the owner/HR head? File to the CODI (if any), escalate to DOLE (SEnA/OSH), and consider criminal and NLRC routes.
Can I get paid leave for hearings or counseling? Company policy or settlement terms can provide this; ask for it expressly.
What if my company has no policy/CODI? That’s a compliance issue in itself—raise it with management and DOLE.

14) Final guidance

Document early, file promptly, and ask for interim protection in writing.
Use the internal process but don’t hesitate to escalate to DOLE/SEnA, NLRC, or law-enforcement if the conduct is severe or the employer fails to act.
Consider legal counsel or a union representative for strategy, especially if there’s retaliation or dismissal.

This article provides general information on Philippine procedures and is not a substitute for legal advice on specific facts.