If you're experiencing unwelcome sexual advances, inappropriate comments, gestures, messages, or behaviors at work that are affecting your job performance, mental health, or sense of safety, you have clear legal rights and a structured process available to you. Philippine law requires every employer to maintain a safe workplace free from gender-based sexual harassment and to provide a fair internal mechanism for complaints. The primary tool for this is the Committee on Decorum and Investigation (CODI) or an equivalent independent internal mechanism. This guide explains exactly how to use that process safely, what to expect, how to protect yourself from retaliation, and what to do if the internal route falls short.
What Constitutes Gender-Based Sexual Harassment in the Workplace
Under Republic Act No. 11313, the Safe Spaces Act of 2019 (also known as the Bawal Bastos Law), gender-based sexual harassment (GBSH) in the workplace covers a broad range of unwelcome conduct. It includes:
- Unwelcome sexual advances, requests for sexual favors, or any act of a sexual nature (verbal, physical, or through technology such as texts, emails, or messaging apps) that affects your employment conditions, job performance, or opportunities.
- Conduct based on sex that affects your dignity and is unwelcome, unreasonable, and offensive.
- Conduct that is pervasive and creates an intimidating, hostile, or humiliating work environment.
Importantly, this covers acts between peers, by a subordinate toward a superior, or through online platforms and work-related communications. It applies whether the conduct happens inside the office, during virtual meetings, on company devices, at team-building events, or in interactions with clients or colleagues outside regular hours if it is work-connected. The earlier Republic Act No. 7877 (Anti-Sexual Harassment Act of 1995) remains in effect and complements these protections, particularly for traditional quid-pro-quo situations involving persons in authority.
The law recognizes that power imbalances often silence victims. Your testimony, if credible and consistent, can stand on its own or with supporting circumstances—even without multiple eyewitnesses.
Employer Duties and the CODI Requirement
Every employer or person of authority in a workplace must:
- Post or disseminate copies of RA 11313.
- Conduct preventive measures such as anti-sexual harassment orientations or seminars.
- Create and maintain an independent internal mechanism or CODI to handle complaints.
- Adopt a workplace code of conduct or policy that describes prohibited acts, filing procedures, and administrative penalties.
The CODI must:
- Represent management, supervisory employees, rank-and-file employees, and the union (if any).
- Be headed by a woman, with at least half of its members women.
- Consist of impartial members who are not related to or connected with the alleged perpetrator.
- Investigate and decide complaints within ten (10) days or less from receipt.
- Strictly observe due process.
- Protect the complainant from retaliation.
- Guarantee confidentiality to the greatest extent possible.
These requirements come directly from Section 17 of RA 11313 and its Implementing Rules and Regulations. Employers who fail to create or properly operate this mechanism, or who ignore reported incidents, can themselves be held liable—administratively, and in some cases civilly or criminally.
Preparing to File Safely
Before filing, take these practical steps to strengthen your position and protect yourself:
- Document everything contemporaneously. Keep a private journal noting dates, approximate times, exact locations (or virtual platform), what was said or done, who else was present or affected, and how the incident impacted your work or well-being. Do this as soon as possible after each event.
- Preserve evidence. Save screenshots of messages or emails (include timestamps and sender details), photos, videos, or audio if lawfully obtained. Do not alter or delete anything. Forward copies to a personal email or trusted person for backup. Medical or psychological records showing impact can also help.
- Identify witnesses. Note anyone who saw or heard the incidents or noticed changes in your behavior or work performance.
- Review your company’s policy. Check the employee handbook, code of conduct, or specific “Safe Spaces,” “Anti-Sexual Harassment,” or “Gender-Based Sexual Harassment” policy. It should name the CODI chair or designated officer, explain exactly where and how to file, list timelines, and describe protective measures. If the policy is missing or unclear, request a copy in writing from HR—this itself creates a record.
- Consider support early. Speak with a trusted colleague, family member, or counselor. Some companies offer Employee Assistance Programs (EAP). You may also consult a private lawyer or organizations experienced in gender-based violence for guidance on your specific situation.
- Decide on the level of formality. An anonymous report can trigger the employer’s duty to verify and refer the matter to the CODI. However, a formal named complaint usually allows fuller investigation, protective orders, and decision-making.
Step-by-Step Guide to the CODI Process
Exact procedures vary slightly by company policy, but they must align with RA 11313’s requirements for speed, due process, non-retaliation, and confidentiality. Here is the typical flow in private-sector workplaces:
Submit your complaint. File it with the CODI (if you know the chair), HR, or any designated officer listed in your policy. You may submit in person, by email, or through approved channels. A written and signed complaint is strongly recommended. Include your full name and contact details, the respondent’s full name and position, a clear chronological narration of incidents, attached or referenced evidence, names of witnesses, and the specific relief you are seeking (investigation, no-contact directive, reassignment, sanctions, etc.). The complaint does not always need to be notarized upfront; the CODI can administer an oath later if required.
CODI receives and evaluates the complaint. The committee acknowledges receipt (ask for written confirmation). It assesses whether the allegations fall within GBSH and warrant investigation. Even if initially insufficient, you may be asked to provide more details.
Notice to the respondent. The CODI issues a written notice requiring the person complained of to submit a written explanation or answer, usually within a short period (commonly 3–5 working days, depending on the policy).
Investigation phase. The CODI conducts interviews with you, the respondent, and witnesses. It reviews documents and other evidence. You have the right to be heard, to present evidence, and to be accompanied by a support person or counsel (at your own expense). The process must remain confidential. You may request interim protective measures, such as a no-contact order, temporary transfer, or leave of absence.
Decision. The CODI must investigate and decide within ten (10) days or less from receipt of the complaint, per the law. In practice, companies often break this into preliminary evaluation followed by formal investigation, with the full process still aiming for prompt resolution. The committee submits findings and recommendations to management or the appropriate disciplining authority. You should receive a written copy of the decision.
Implementation and follow-up. If the respondent is found liable, the employer implements administrative sanctions according to the company policy (reprimand, suspension, dismissal, or other penalties). The CODI and employer must continue protecting you from retaliation.
Throughout, maintain your own written records of every communication, meeting, and any signs of retaliation.
Protecting Yourself During and After the Process
Retaliation—demotion, isolation, negative performance reviews, termination, or any adverse action because you filed a complaint—is itself prohibited and can give rise to separate liability for the employer and individuals involved. Document any suspicious changes immediately and report them to the CODI or higher management in writing.
The law requires confidentiality “to the greatest extent possible.” You should also avoid discussing case details publicly to protect the integrity of the proceedings and yourself. If the emotional toll becomes heavy, seek professional support promptly.
If you feel the CODI or management is not acting in good faith, delaying unreasonably, or showing bias, put your concerns in writing and consider the escalation options below.
When the Internal Process Falls Short: Other Remedies
You are not limited to the CODI. You may pursue remedies in parallel or after an unsatisfactory internal outcome:
- DOLE complaint (private sector). File at the appropriate DOLE Regional Office. DOLE can inspect the workplace, require the employer to comply with its duties under RA 11313, and impose sanctions for failure to maintain a proper mechanism or investigate properly. The Single Entry Approach (SEnA) offers mediation as a first step.
- Labor case before the NLRC. If you experience constructive dismissal (forced resignation due to intolerable conditions) or illegal dismissal linked to your complaint, you can file within the prescriptive period. The Supreme Court has held employers accountable for insensitive or delayed handling of sexual harassment complaints.
- Criminal complaint. File a complaint-affidavit before the Office of the City or Provincial Prosecutor. Violations of RA 11313 and certain acts under the Revised Penal Code carry fines and possible imprisonment. This proceeds independently of the internal process.
- Civil action for damages. You may file a separate case for actual, moral, and exemplary damages against the harasser and, in some circumstances, the employer.
- Government employees. Follow your agency’s CODI rules or file directly with the Civil Service Commission (CSC) under its updated guidelines on sexual harassment. The Ombudsman may also have jurisdiction in certain cases.
Special Considerations
Small companies or no visible CODI. Employers with few employees are still required to comply. You can report the absence of a mechanism to DOLE, which conducts inspections. DOLE has developed or is developing specific guidelines for micro-establishments and the informal economy.
Government or GOCC workplaces. The process follows CSC rules in addition to RA 11313. CODIs are mandatory, often with more formalized preliminary and formal investigation stages and specific periods.
Foreign employees or expats. If you are legally working in the Philippines, the same protections and procedures apply. A foreign perpetrator does not change the employer’s obligations. For criminal proceedings, Philippine courts have jurisdiction over acts committed in the country.
Online or remote-work harassment. Conduct using company systems, during work hours, or by colleagues in a work context is covered. Preserve digital evidence carefully.
High-ranking or owner-perpetrators. Power imbalances are common. The law still applies; the CODI must remain impartial. If the structure makes impartiality impossible, escalation to DOLE or external remedies becomes especially important.
Frequently Asked Questions
What is the CODI and is it required in every workplace?
Yes. RA 11313 requires every employer to create an independent internal mechanism or CODI with balanced representation, a woman head, majority women members, and strict rules on speed, due process, non-retaliation, and confidentiality.
Can I file anonymously?
You can make an anonymous report, which triggers the employer’s duty to verify and refer the matter to the CODI. A formal named complaint is usually needed for full investigation, protective measures, and a binding decision.
How long does the CODI process take?
The law mandates that the CODI investigate and decide within ten (10) days or less from receipt. Company policies may break this into phases, but the overall process must remain prompt and reasonable.
What evidence do I need?
No specific quantum is required. A clear, consistent narration in your complaint is essential. Supporting items—messages, emails, screenshots, witness statements, medical or psychological records, and your contemporaneous journal—greatly strengthen the case. Credible victim testimony alone can suffice.
Can my employer fire me or retaliate for filing?
No. Retaliation is prohibited and can itself be the basis for separate complaints to DOLE, the NLRC, or criminal authorities. Document everything and report any adverse actions immediately.
What if the harasser is my boss or the company owner?
The law still applies. The CODI must be impartial and independent. If you fear bias or reprisal, consider filing with DOLE at the same time or seeking legal advice on parallel remedies.
Can I file a criminal case at the same time?
Yes. Internal administrative proceedings, DOLE actions, criminal complaints, and civil cases for damages can proceed independently or together, subject to rules on election of remedies where applicable.
I work for the government—is the process different?
The core requirements of RA 11313 still apply, but procedures follow CSC rules on sexual harassment cases, which include specific timelines for preliminary and formal investigation stages.
What if my company has no CODI or the policy is unclear?
The absence of a proper mechanism violates the law. Request the policy in writing, then consider reporting the non-compliance to DOLE. You can still file a complaint directly with HR or management and insist on the creation or activation of the required body.
Are there fees to file with the CODI?
No filing fees for the internal CODI process.
Key Takeaways
- Philippine law gives you strong, enforceable rights to a safe workplace and a fair, confidential complaint process through the CODI.
- Start by documenting incidents thoroughly and reviewing your company’s specific anti-harassment or Safe Spaces policy.
- File a clear, written complaint with the CODI or designated officer; the law requires prompt investigation and decision within ten days or less.
- You are protected from retaliation—document and report any signs of it immediately.
- The CODI process is not your only option; DOLE, NLRC, criminal, and civil remedies remain available if needed.
- Support is available—lean on trusted people, counselors, or legal professionals experienced in these cases.
- Acting protects not only you but also colleagues who may be suffering in silence.
You deserve to work without fear or humiliation. The law is on your side, and following these steps puts you in the strongest possible position to seek accountability and restore your sense of safety at work.