This article explains the full range of remedies available under Philippine law when the harasser is a co-worker in a private-sector workplace. It covers definitions, the legal framework, options (administrative, criminal, civil, labor), evidence, procedure, and practical tips. It is general information, not legal advice.

1) What counts as “workplace harassment”?

Harassment is any unwelcome conduct that offends, humiliates, threatens, or intimidates a worker and that affects work, conditions of employment, or a person’s dignity. It may be:

Sexual harassment — unwelcome sexual advances; requests for sexual favors; sexually charged jokes, comments, messages; physical contact; stalking; sending explicit images; or any gender-based conduct that creates an intimidating, hostile, or offensive work environment.
Non-sexual harassment — bullying, intimidation, repeated verbal abuse, humiliating tasks, threats, or hostile acts aimed at a person because of status, appearance, beliefs, disability, or other attributes (even if not sexual).
Online/cyber harassment — any of the above done through chats, emails, posts, DMs, group threads, or collaboration tools.

Harassment can be a single severe incident (e.g., groping) or a pattern of less severe behaviors that, taken together, create a hostile environment.

2) Governing laws and standards

Several laws may apply simultaneously. You don’t have to choose only one.

Anti-Sexual Harassment Act (RA 7877)
- Prohibits sexual harassment in work, education, and training environments.
- Requires employers to prevent, deter, and punish sexual harassment and to create a Committee on Decorum and Investigation (CODI) with written procedures.
Safe Spaces Act / “Anti-Bastos Law” (RA 11313)
- Prohibits gender-based sexual harassment in public spaces, online, and workplaces (including peers, subordinates, and superiors).
- Imposes employer duties: adopt a policy, conduct education, set up reporting channels, protect complainants against retaliation, and act promptly.
- Penalizes both perpetrators and employers who fail to act.
Labor Code and labor jurisprudence
- Recognizes management’s duty to maintain a safe workplace and to discipline employees for serious misconduct.
- Protects workers from unjust/constructive dismissal and retaliation for asserting rights.
- Grievance machinery/disciplinary rules form part of company policy and must be observed with due process.
Civil Code (Articles 19, 20, 21, 26)
- Provides remedies for abuse of rights, torts, injury to dignity, privacy, and peace of mind (moral/exemplary/actual damages).
Revised Penal Code (as amended) & special penal laws
- Depending on facts, potential crimes include acts of lasciviousness, unjust vexation, grave/coercion or threats, libel/slander, light threats, serious physical injuries, etc.
- Anti-Photo and Video Voyeurism Act (RA 9995) and Cybercrime Prevention Act (RA 10175) cover non-consensual recording, sharing intimate images, and online harassment.
- Anti-Violence Against Women and Their Children Act (RA 9262) applies only if the harasser has or had an intimate relationship with the victim (e.g., spouse/partner) — even if both work in the same company.
Occupational Safety and Health (OSH) Law (RA 11058) & IRR
- Requires a workplace free from hazards (which includes psychosocial hazards like harassment) and training on safety and health.
Data Privacy Act (RA 10173)
- Governs handling of complaint records, CCTV, chat logs, and personnel files; requires confidentiality and need-to-know access during investigations.
Local anti-discrimination ordinances (city/municipal)
- Some LGUs penalize SOGIESC-based harassment and discrimination; these can supplement national remedies.

3) Immediate personal safety and documentation

Prioritize safety: remove yourself from the situation; notify security/HR; consider a temporary no-contact or work-separation arrangement.
Record everything: dates, times, places, what was said/done, names of witnesses. Save screenshots, emails, chat logs, call logs, photos of injuries, medical reports.
Preserve originals: do not alter metadata; export chats to PDF where possible.
Confidentiality: share only with investigators or counsel; label materials “Confidential—Harassment Complaint Evidence.”

4) Internal (administrative) remedies within the company

A. File a formal complaint with HR/CODI

Who to file against: the co-worker perpetrator (and, if applicable, supervisors who enabled or ignored it).
Where: through the CODI or designated grievance channel under the company’s Anti-SH/Safe Spaces policy.
Reliefs you can request:
- Interim measures: no-contact order; shift/desk reassignment; schedule changes; remote work; paid leave; exclusion of the respondent from meetings; protective escorts; restriction on use of messaging channels.
- Investigation: fact-finding, preservation letters (IT/email), CCTV retrieval, interviews.
- Discipline: written warning, suspension, demotion, termination for just cause (serious misconduct), mandatory training/counseling.
- Protection from retaliation: codified in RA 11313 and good-faith complaint doctrines.

B. Due-process basics the employer should follow

Impartiality: CODI includes representatives of labor/management and is gender-sensitive.
Notice and hearing: both parties receive notice of allegations, chance to respond, and a decision with reasons.
Confidentiality: identities and records are kept confidential, except as required by law/proceedings.
Timeliness: investigations should be prompt and decisions issued within a reasonable period under policy.
Non-retaliation: any adverse action because you reported (e.g., demotion, bad shift, isolation) is illegal and can support a separate claim for damages or constructive dismissal.

C. If HR fails to act

Raise the matter to top management or the Compliance/OSH officer.
Put the company on written notice that it may incur employer liability for failure to prevent or correct harassment.
Consider external remedies below.

5) External remedies (choose any that fit your goals)

You can pursue multiple tracks in parallel (with counsel’s guidance to manage overlap).

A. Criminal complaints (punish the perpetrator)

Where to file: with the City/Provincial Prosecutor (for most offenses) or the PNP/WCPD for blotter/initial assistance.
What to bring: complaint-affidavit, evidence (digital media, device hash/chain of custody if applicable), IDs, medical certificates, witness affidavits.
Possible charges:
- Acts of lasciviousness (physical, sexual touching without consent),
- Unjust vexation, grave/coercion, threats, libel/slander (if defamed),
- Voyeurism (RA 9995), photo/video sharing without consent, cyber harassment (RA 10175),
- Stalking / persistent unwanted contact (may be charged under Safe Spaces or RPC theories).
Barangay conciliation: some minor offenses require barangay mediation before filing in court; exceptions apply (e.g., offenses punishable by higher penalties, or when parties live in different cities/municipalities). Ask the prosecutor whether conciliation is a condition precedent for your specific charge.

B. Civil action for damages (compensation and injunction)

File a complaint for damages under the Civil Code (abuse of rights, privacy/dignity injury, mental anguish) and seek injunctive relief (e.g., restraining order against contact).
You may sue both the perpetrator and, where facts support it, the employer (e.g., negligent supervision, failure to act despite notice).

C. Labor/administrative actions (protect employment rights)

Constructive dismissal/illegal dismissal before the NLRC if you were forced to resign or were terminated because you complained.
Money claims (e.g., lost wages due to retaliatory suspension).
DOLE complaints for OSH violations or failure to comply with Safe Spaces/Anti-SH employer duties (policy, training, CODI, prompt action).

D. Special remedies if the harasser is or was an intimate partner

Protection Orders under RA 9262 (Barangay/Court-issued) — includes stay-away orders, custody, support, and other reliefs, even if both parties are co-workers.

6) Employer liability & consequences

Employers can face:

Administrative sanctions (DOLE/LGU) for failure to implement policies, training, and reporting mechanisms under RA 11313/RA 7877.
Labor liability for wrongful discipline/retaliation or failure to provide a safe workplace.
Civil damages for negligence or vicarious liability (if a supervisor used authority to facilitate harassment).
Criminal exposure for responsible officers in certain statutory violations (depending on the law and facts).

Key takeaways for employers:

Maintain an Anti-Sexual Harassment / Safe Spaces policy, train annually, set up a CODI, and ensure confidential reporting.
Act promptly and impartially, impose proportionate discipline, and document every step.

7) Evidence: what works and how to handle it

Digital: screenshots of chats/emails/DMs, metadata, server logs, IP logs, audit trails from collaboration tools, social media posts, call recordings (check consent rules), cloud backups.
Physical: CCTV footage requests, access logs, visitor logs, medical exam results, torn clothing, photos of injuries, incident reports.
Witnesses: co-workers who saw/heard incidents or can attest to changes in behavior/work performance.
Pattern evidence: prior complaints against the same person (ask HR/CODI—this should be tracked).
Chain of custody: for criminal cases, treat devices/files carefully; avoid altering original content; keep forensic images if possible.

8) Prescriptive periods (time limits)

Criminal, civil, and labor cases have different prescriptive periods that depend on the offense/claim and penalty. Some run from the date of the act, others from discovery.
Do not delay. If you’re close to any deadline, file a protective complaint (even if evidence is still being collected) and supplement later as allowed by rules.

9) Typical step-by-step pathway (private-sector, co-worker harasser)

Secure safety (no-contact, interim measures).
Document incidents and preserve evidence.
File an internal complaint with HR/CODI; request interim measures and confidentiality.
Parallel track (if warranted):
- Criminal complaint with the prosecutor/WCPD;
- Civil damages (especially for severe or reputation-related harms);
- DOLE/NLRC actions for retaliation, constructive dismissal, or OSH/Safe Spaces non-compliance.
Attend hearings, provide evidence/witnesses.
Monitor for retaliation; report new incidents immediately.
Seek enforcement of sanctions/awards/protection orders.

10) Special scenarios & notes

Remote/hybrid work: harassment over company tools (email, chat, video) is still workplace harassment. Employers must moderate channels, preserve logs, and enforce policies across work modes.
Third-party spaces: offsite events, team outings, client premises, and business travel remain covered if they are work-related.
Multiple wrongdoers: you may proceed against all involved (primary actor, accomplices, those who abetted/covered up).
Confidential settlements: permissible, but cannot prevent reporting crimes or participating in lawful investigations; ensure the agreement doesn’t silence safety concerns or waive statutory rights improperly.
Whistleblowing: harassment often co-exists with other compliance issues (e.g., misuse of authority). Document and escalate via the company’s whistleblower policy if available.

11) What outcomes look like

Internal: written reprimand, suspension, demotion, termination, mandatory training/counseling, no-contact directives, relocation, and policy reforms.
Criminal: fines, imprisonment, protective orders, forfeiture of unlawful recordings/devices.
Civil: moral, exemplary, and actual damages; attorney’s fees; injunctive relief (including stay-away orders).
Labor: reinstatement with backwages, separation pay in lieu of reinstatement, damages/penalties for retaliation, compliance directives for employers.

12) Practical drafting aids

A. Simple internal complaint outline

Your details (position, department, contact).
Respondent (name, position, department).
Statement of facts (chronological, specific dates/times/places, quotes, witnesses).
Policy & law invoked (RA 7877/RA 11313, company code of conduct).
Evidence list (attach copies; identify where originals are stored).
Reliefs requested (interim measures; disciplinary action; confidentiality; protection from retaliation).
Verification (signature, date).

B. Evidence preservation letter (to HR/IT)

Request immediate preservation of: email mailboxes, messaging threads, access logs, device logs, CCTV for specified dates/times/locations, and any complaint files naming the respondent.

13) Worker well-being and support

Consider EAP counseling, mental-health benefits, or referral to support services.
In severe incidents, obtain a medico-legal exam promptly (preferably the same day).
If court processes are involved, ask about witness protection or privacy measures (e.g., in-camera testimony for sensitive cases).

14) Quick FAQ

Q: Can I be disciplined for filing a complaint that isn’t proven? A: Good-faith complaints are protected; malicious or knowingly false claims may be sanctioned.

Q: Do I have to confront the harasser directly? A: No. Use formal channels; safety comes first.

Q: The harasser is a star performer. Will the company really act? A: Laws impose affirmative duties on employers and penalties for inaction; favoritism is not a defense.

Q: What if I signed an NDA? A: NDAs cannot bar you from reporting crimes or unlawful practices to authorities.

Final note

The remedy you choose depends on your goals: safety, accountability, employment protection, and/or compensation. Many cases benefit from pursuing internal action alongside external legal remedies. If possible, consult a Philippine employment or criminal law practitioner to tailor the strategy, preserve evidence properly, and meet deadlines.