Penalties for Employees Who Physically Assault Coworkers: Administrative and Criminal Liability (Philippines)

Updated for general guidance only. This is not legal advice.

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In the Philippines, a physical assault at work triggers three parallel tracks:

Administrative (employment) liability under the Labor Code, company rules, and DOLE regulations (possible suspension, dismissal, preventive suspension).
Criminal liability under the Revised Penal Code and related special laws (possible imprisonment and fines).
Civil liability for damages under the Civil Code (possible monetary compensation to the victim and, in some cases, employer exposure).

These tracks are independent. An employee can be dismissed even if no criminal case is filed or if the criminal case is later dismissed; conversely, an acquittal in the criminal case does not automatically reinstate the employee if the dismissal was supported by substantial evidence and due process was observed.

Administrative liability (employment consequences)

1) Legal bases

Just causes for dismissal (Labor Code, Art. 297 [old Art. 282]):
- Serious misconduct (assault is a classic example).
- Commission of a crime or offense against the employer, a member of his family, or his representative (assault on a coworker usually falls under serious misconduct instead).
- Other analogous causes.
Company Code of Conduct: Usually classifies fighting, assault, threats, carrying weapons, and workplace violence as grave offenses with penalties ranging from suspension to termination, often on first offense.
Employer’s duty to maintain a safe workplace (OSH standards; general duty principle): supports decisive action when an employee poses a threat to others.

2) Due process (the “twin-notice” rule)

Before imposing major penalties (especially termination), the employer must provide:

First notice (charge notice) describing the specific acts, rule violated, and asking for a written explanation within a reasonable period.
Opportunity to be heard: written explanation and, when requested or necessary, a hearing/conference where the employee may appear with counsel and present evidence.
Second notice (decision notice) stating the findings, rule violated, and the penalty, after a good-faith evaluation of evidence.

If there is a valid ground (e.g., serious misconduct) but the employer failed to observe procedural due process, dismissal may still be upheld with nominal damages awarded to the employee for the procedural lapse (amount depends on jurisprudence and context).

3) Preventive suspension

When allowed: If the employee’s continued presence poses a serious and imminent threat to the life or property of the employer or coworkers, or to the integrity of the investigation.
Duration cap: Generally up to 30 calendar days. If the investigation cannot be completed within 30 days, the employer may extend with pay (or reinstate the employee in a non-critical post).
Preventive suspension is not a penalty; it’s a temporary measure pending investigation.

4) Typical administrative penalties

Depending on company policy, gravity, and mitigating/aggravating factors (provocation, degree of injury, past record):

Written warning (rare for assaults; more common for minor scuffles without contact or injury).
Suspension (e.g., 5–30 days, or more if policies allow and facts warrant).
Dismissal for just cause (common for punches, kicking, use of objects, or injuries; often even on first offense).

5) Defenses commonly raised (administrative)

Self-defense/defense of stranger: Must show unlawful aggression, reasonable necessity of the means employed, and lack of sufficient provocation by the defender.
Mutual affray: Both parties fighting may still be liable; penalties can differ depending on who initiated, degree of force, and injuries.
Lack of intent vs negligence: May mitigate but seldom excuses violent contact.
Provocation: Mitigating, not exculpatory, unless it rises to unlawful aggression justifying self-defense.

Criminal liability (public offenses)

A workplace assault is chargeable under the Revised Penal Code (RPC) and possibly special laws. The exact offense depends on injury, intent, and manner of attack:

1) Core RPC offenses

Serious Physical Injuries (Art. 263): Covers grave harm (e.g., loss of a limb, incapacitation for labor beyond a substantial period, permanent deformity). Penalties increase with severity.
Less Serious Physical Injuries (Art. 265): Typically when medical attendance or incapacity for labor lasts beyond a short threshold but not long enough to qualify as serious.
Slight Physical Injuries (Art. 266): Pain, minor bruises, or incapacity for a brief period; penalties are lighter (often short-term arrest and/or fine).

Other possibly relevant offenses depending on facts:

Grave threats / other threats (if the aggressor threatened harm).
Grave coercion (compelling another by violence).
Slander by deed (if the act was meant to dishonor rather than injure).
Acts of lasciviousness (if touching has sexual intent).
Alarm and scandal (violent disturbance in public places; may rarely apply if the workplace is a place “devoted to public” under circumstances).

Intent, weapon use, victim vulnerability, and number of attackers can aggravate penalties.

2) Defenses (criminal)

Self-defense / defense of relatives or strangers: Requires proof of (a) unlawful aggression by the victim, (b) reasonable necessity of the means employed to prevent/repel it, and (c) lack of sufficient provocation on the part of the accused.
Lack of intent to injure is generally not a full defense if physical injury resulted; it may mitigate.

3) Procedure snapshot for victims

Immediate medical attention; secure a medical certificate indicating the nature and extent of injuries and days of medical attendance/incapacity (often decisive for offense classification).
Report to HR/Management for internal action; request CCTV footage preservation.
File a police blotter and execute a sworn statement.
File a criminal complaint with the Office of the City/Provincial Prosecutor (attach medical certificate, identification of suspect, witness affidavits, photos/CCTV if any).
The prosecutor may conduct inquest (if warrantless arrest) or preliminary investigation, leading to the filing (or dismissal) of an Information in court.

4) Prescription (time limits to file criminal cases)

Varies by penalty attached to the offense. As a rule of thumb:
- Slight offenses (e.g., slight physical injuries) prescribe quickly (measured in months).
- More serious offenses have longer prescriptive periods (years to decades).
File promptly—slight physical injuries have very short prescriptive periods.

Civil liability (damages)

1) Aggressor’s liability

The aggressor may be sued for damages (actual, moral, exemplary, attorney’s fees) in a separate civil action, or civil liability may be resolved together with the criminal case. A criminal conviction generally carries civil liability unless waived or separately settled.

2) Employer exposure

Under Civil Code Article 2180, employers can be vicariously liable for damages caused by employees acting within the scope of their assigned tasks. Assaults are often outside assigned tasks, so vicarious liability is not automatic.
Employers may still incur direct liability for negligence (e.g., failure to address known violent tendencies, ignoring prior complaints, lax security, failure to enforce rules), or for failing to act after incidents.
Employers may mitigate risk by promptly investigating, disciplining, and documenting interventions.

Interplay of administrative, criminal, and civil cases

Independence: Administrative proceedings use the substantial evidence standard; criminal cases require proof beyond reasonable doubt; civil cases require preponderance of evidence. Outcomes can differ.
Company action does not await criminal conviction: Employers may conclude disciplinary action based on internal evidence (CCTV, eyewitnesses, medical reports, admissions).
Settlement effects:
- An internal settlement or quitclaim may resolve employer-employee issues but does not automatically bar criminal prosecution (crimes are offenses against the State).
- In private offenses (not typically physical injuries), settlement can bar prosecution; for physical injuries, settlement may affect civil liability but the prosecutor may still proceed, especially for more serious injuries.

Practical HR playbook (step-by-step)

Stabilize and secure
- Provide first aid/medical care; call emergency services if needed.
- Separate employees; preserve evidence (CCTV, access logs, chat/email records, objects used).
- Consider immediate preventive suspension of the aggressor if threat persists.
Document
- Incident report by the supervisor/security within 24 hours.
- Sworn statements from victim and witnesses.
- Medical certificate (days of medical attendance/incapacity).
- Collect relevant CCTV and photos; safeguard metadata.
Due process
- Serve first notice detailing the charge(s) and company rule(s) violated; give reasonable time to explain.
- Hold a hearing/conference (especially if facts disputed or if requested).
- Issue decision notice with factual findings and penalty.
Coordinate with law enforcement (if victim wishes or if gravity demands)
- Assist in police blotter and prosecutor filing.
- Provide certified copies of incident records (consistent with privacy policies and lawful requests).
Post-incident measures
- EAP/Counseling for the victim (and witnesses as needed).
- Reinforce workplace violence policy, conduct refresher training.
- Review security controls and incident response plan.

Penalty calibration guide (administrative)

Aggravating factors

Use of weapon/objects, multiple blows, attack from behind, targeting the head/neck.
Pre-planning or lying in wait; prior relevant infractions.
Assault on a vulnerable coworker (e.g., pregnant, disabled).
Occurring in front of clients/visitors; causing reputational harm.

Mitigating factors

No prior record; minor contact; immediate remorse/apology.
Provocation (short of unlawful aggression) by the other party.
Genuine self-defense indicators.

Illustrative outcomes (common practice; policy-dependent)

Push/shove with no injury → written warning to short suspension.
Punch/slap causing bruising → medium to long suspension; possible dismissal.
Repeated blows, weapon use, any fracture, or medical incapacity → dismissal for serious misconduct (often first offense).

Employee-victim remedies (beyond criminal/civil)

Employees’ Compensation (EC) benefits (through SSS/GSIS/ECC) if the injury is work-connected (injury arising out of and in the course of employment). Covers medical services, income benefits, and disability benefits subject to ECC rules.
Company-provided benefits/insurance (HMO, accident insurance) if applicable.
Administrative complaint with DOLE/NCMB if there is a labor standards or CBA dimension (e.g., unsafe workplace claims, employer inaction).

Policy essentials for employers

Zero-tolerance clause for workplace violence; define “assault,” “threat,” and prohibited conduct.
Reporting channels (anonymous options if possible).
Investigation protocol (roles, timelines, evidence handling).
Disciplinary matrix with clear ranges.
Protection against retaliation for reporting employees.
Training: de-escalation, bystander intervention, respectful workplace.
Coordination with the Safe Spaces Act and anti-sexual harassment policies (separate but related; physical conduct with sexual element must trigger those protocols).

Frequently asked questions

Q: Can we fire the aggressor even if the victim does not “press charges”? Yes. Administrative action is independent of criminal prosecution and rests on company rules and the Labor Code. Proceed if substantial evidence supports serious misconduct and due process is observed.

Q: We didn’t hold a hearing—only exchanged letters. Is that fatal? Not automatically. What matters is that the employee had a real opportunity to be heard. Still, best practice is to hold a conference when facts are contested.

Q: Both employees fought. Do we dismiss both? Not necessarily. Assess who initiated, relative force used, injuries, and defenses. Penalties may differ.

Q: Can we extend preventive suspension beyond 30 days? Only with pay (or by reinstating to a non-critical post) if the investigation cannot be finished despite good-faith efforts.

Q: The aggressor claims self-defense. What should we look for? Evidence of unlawful aggression by the other party (e.g., first swing captured on CCTV), and whether the force used to repel it was reasonably necessary.

Clean checklists

For HR/Legal

First notice served with specific acts and rule cited
Evidence preserved: CCTV, photos, objects, chat logs
Sworn statements and medical certificate on file
Hearing/conference held (minutes documented)
Decision notice explains findings and penalty
Preventive suspension (if any) complied with 30-day rule
Coordination with police/prosecutor (as needed)
Post-incident support and training scheduled

For Victims

Get medical exam and medical certificate
Report to HR/security; ask to preserve CCTV
Execute a sworn statement; identify witnesses
File blotter and prosecutor complaint (don’t delay—beware prescription)
Explore EC benefits and insurance claims
Consider civil claim for damages (with counsel)

Final notes

Be evidence-driven: medical certificates and CCTV often determine both administrative outcomes and criminal classifications.
Don’t conflate standards of proof: substantial evidence (admin) vs. beyond reasonable doubt (criminal) vs. preponderance (civil).
Move quickly but fairly: observe due process timelines, especially the 30-day preventive suspension cap.
Document everything: thorough records protect both the victim and the employer’s decisions.

If you’d like, I can tailor a one-page workplace violence policy and a twin-notice template you can drop into your handbook.