Below is a comprehensive Philippine-specific guide to the legal avenues, rights, and practical steps available when you are physically assaulted by a co-worker. It synthesizes the intersecting rules of criminal law, labor law, civil law, occupational-safety regulations, and related special statutes, and explains how they fit together in real-world workplace scenarios.
1. Key Legal Frameworks
| Area | Main Sources | Core Ideas |
|---|---|---|
| Criminal liability | Revised Penal Code (RPC), Arts. 262-266 (serious, less-serious & slight physical injuries); Arts. 285-287 (grave threats, coercion, unjust vexation) | The assailant faces the State; penalties range from arresto menor (1–30 days) to prisión correccional (6 months-6 years) depending on the gravity of injury, use of weapons, and intent. |
| Labor & employment | Labor Code (Art. 297 on just causes for dismissal); DOLE Department Orders, esp. D.O. 147-15 (due-process in termination) & D.O. 198-18 (OSH standards) | The employer must investigate, protect victims, and may dismiss the aggressor for “serious misconduct” after twin-notice due process. Failure can expose the company to labor suits and OSH fines. |
| Workplace safety | RA 11058 (OSH Law) + IRR; DOLE issuances on workplace violence/harassment | Employers have an affirmative duty to maintain a safe workplace and to establish policies, committees, and reporting channels for violent incidents. |
| Gender-based harassment | RA 11313 (Safe Spaces Act) & RA 7877 (Anti-Sexual Harassment Act) | If the assault has a gender element (e.g., motivated by sex/gender, accompanied by lewd acts), additional criminal and administrative sanctions apply. |
| Civil liability | Civil Code Arts. 19–21 (abuse of rights), 2176 (quasi-delict), 2180 (employer vicarious liability) | Victim may sue the aggressor – and in some cases the employer – for actual, moral, and exemplary damages. |
| Conciliation | RA 7160, Katarungang Pambarangay Law | If the parties reside in the same barangay and the offense is punishable by ≤ 1 year or ≤ ₱ 5 000 fine, barangay mediation is a jurisdictional prerequisite before filing in court, unless treated as an OSH matter or the victim opts for direct prosecution for serious injuries. |
2. Classifying the Assault Under the Revised Penal Code
Serious Physical Injuries (Art. 263) – e.g., loss of limb, incapacitation > 30 days, deformity, or debilitating illness. Penalty: prisión correccional to prisión mayor (6 months-12 years).
Less-Serious Physical Injuries (Art. 265) – incapacity to work/help oneself for 10–30 days or requires medical attention for the same period. Penalty: arresto mayor (1–6 months).
Slight Physical Injuries & Maltreatment (Art. 266) – injuries/incapacity ≤ 9 days or merely ill-treatment without injury (e.g., slapping). Penalty: arresto menor (1–30 days) OR fine ≤ ₱ 1 000.
Prescription: • 2 months (slight) • 5 years (less-serious) • 10 years (serious)
3. Step-by-Step Remedies for the Victim
A. Internal Company Process
- Report immediately to HR, the Occupational Safety and Health (OSH) Committee, or your immediate supervisor.
- Write an Incident Report (date, time, place, witnesses, nature of injuries; attach medical certificate/photos).
- Ask for protective measures – temporary transfer, staggered schedule, or administrative leave with pay.
- Participate in Fact-Finding – the assailant must receive a notice to explain within 5 days; you may give a sworn statement.
- Outcome: Disciplinary sanction (suspension ↔ dismissal) requires a second “notice of decision.” Company liability arises if it ignores or whitewashes the complaint.
B. Criminal Prosecution
| Stage | Where to File | What to Prepare |
|---|---|---|
| 1. Barangay (for minor injuries) | Lupong Tagapamayapa of the barangay where any party resides | Sinumpaang Salaysay (sworn statement), medical certificate, IDs. |
| 2. Direct police report / Prosecutor’s Office | For serious injuries, use of weapons, or if parties live in different barangays | Medical certificate, photos, witness affidavits, company incident records, police blotter receipt. |
| 3. Inquest / preliminary investigation | Office of the City/Provincial Prosecutor | Attend hearings; oppose counter-affidavit; prosecutor will decide probable cause. |
| 4. Trial | Municipal/Metropolitan/Regional Trial Court depending on penalty | Prosecution presents evidence; settlement is possible via plea bargaining or civil compromise. |
Tip: Even if company mediation succeeds, it does not bar criminal action – criminal liability is personal and public in nature.
C. Civil Action for Damages
- May be impliedly instituted with the criminal case (default approach) or filed separately.
- Grounds: tort (quasi-delict) or abuse of rights.
- Possible awards: hospital bills, lost wages, therapy costs, moral damages for mental anguish, and exemplary damages to set an example.
- Employer liability: If the assault happened “in the course of employment” or the employer was negligent in supervision (Art. 2180), the company can be jointly liable.
D. Administrative / Regulatory Complaints
- DOLE Regional Office – cite violations of RA 11058 & D.O. 198-18; may trigger OSH inspections and penalties (₱ 40 000 – ₱ 100 000 per day of non-compliance).
- National Labor Relations Commission (NLRC) – if dismissal or retaliation occurs, file a single-entry approach (SEnA) request, then an illegal-dismissal case.
- Civil Service Commission (for government employees) – file an administrative case for misconduct.
4. Special Statutes That May Attach
| Statute | When It Applies | Added Reliefs |
|---|---|---|
| RA 11313 – Safe Spaces Act | Assault is gender-based (e.g., female worker punched for rejecting advances) | Employer must complete investigation in 10 days; failure = ₱ 5 000-10 000 corporate fine; criminal penalties on assailant. |
| RA 7877 – Anti-Sexual Harassment Act | Assault involves demand for sexual favors or quid pro quo | Parallel administrative liability; possible imprisonment 1 month-6 months & fine ≤ ₱ 20 000. |
| RA 9262 – VAWC | If coworker is a present/former intimate partner | Protection orders, warrants of arrest within 36 hours; heavier penalties (up to prisión mayor). |
| RA 11036 – Mental Health Act | Employer must provide counseling; dismissal based on trauma-induced absences may be illegal. | |
| SSS Employees’ Compensation Program | If injury arises “out of and in the course of employment,” victim may claim EC benefits (medical, income, disability). |
5. Employer’s Duties and Exposure
- Maintain a violence-free workplace – Written policy, risk assessment, and training.
- Provide immediate medical aid – On-site first-aid, referral, and bear initial cost (Art. 297[5] Labor Code).
- Non-retaliation – Any demotion, discrimination, or harassment of the complainant invites illegal-dismissal damages (full back wages, reinstatement, attorney’s fees).
- Vicarious liability – Even if assault is “personal,” the employer may still be liable if it could reasonably have prevented it (failed background checks, ignored prior threats).
- OSH fines & possible closure – DOLE may suspend operations until corrective measures are shown.
6. Defenses and Mitigating Circumstances for the Accused Co-Worker
- Self-defense / mutual affray (Art. 11, RPC) – must show unlawful aggression by the complainant and reasonable, commensurate force.
- Passion or obfuscation – may lower penalties but seldom absolves.
- Provocation by victim – may downgrade serious to less-serious injuries.
- Settlement & affidavit of desistance – victim may execute one, but for serious injuries the prosecutor can still pursue the case in the interest of the State.
7. Practical Timeline
| Day | Action |
|---|---|
| Day 0 | Assault occurs; secure to clinic/hospital; blotter at nearest police station. |
| Within 24 h | Submit incident report to HR/OSH Committee. |
| Day 1-5 | Company issues notice to explain & preventive suspension (if needed). |
| Day 5-15 | Barangay mediation or prosecutor’s inquest/prelim-invest; employer conducts hearing. |
| Day 15-30 | Company releases decision; if dismissal, assailant may file illegal-dismissal case within 4 years. |
| 1-3 months | Prosecutor resolves probable cause; filing of Information in court. |
| 1-2 years | Trial; possible settlement or conviction. |
| Prescriptive window | 2 months (slight), 5 years (less-serious), 10 years (serious) from date of assault. |
8. Evidence Checklist for the Victim
- Original medical certificate with attending physician’s signature.
- Photographs of injuries (with date stamp).
- CCTV footage, swipe-card logs, or witness statements.
- HR incident report & e-mails.
- Police blotter entry number and certified true copy.
- Any prior threats or text messages from the assailant.
9. Frequently Overlooked Points
- Barangay conciliation is mandatory only when both parties reside in the same barangay and the injury is punishable by ≤ 1 year or ≤ ₱ 5 000. Corporate workplaces in business districts often fall outside this because employees live in different barangays.
- Company “forgiveness” does not erase criminal liability. HR may close the case for “amicable settlement,” but the State can still prosecute.
- Employer can be sued for negligence even if assault happened during a coffee break – courts look at foreseeability and control.
- Prescription clock stops once a barangay complaint is filed or the prosecutor receives a sworn complaint.
- Victim can still claim SSS Employees’ Compensation benefits without jeopardizing civil damages; the assailant or employer cannot invoke “double recovery” because EC is insurance-based.
10. Recommended Best Practices for Employers
- Draft a Workplace Violence Prevention & Response Policy: definitions, reporting lines, investigation protocols, disciplinary matrix.
- Establish an Emergency Response Team trained in de-escalation and first-aid.
- Keep CCTV archives for at least 6 months.
- Conduct background checks and psychometric testing for high-risk roles.
- Integrate RA 11313 compliance: mandatory 10-day administrative investigation window, clear sanctions, and anti-retaliation assurances.
- Run annual OSH and Safe-Spaces training; include role-playing scenarios on physical aggression.
Closing Note
This article aims to give a 360-degree view of Philippine legal remedies and obligations when a co-worker commits physical assault. Because each case turns on specific facts—nature of injury, workplace policies, proof, and parties’ residence—consulting a Philippine lawyer and, where relevant, DOLE or barangay officials will ensure rights are fully protected and procedures correctly followed.