A Legal Overview and Practical Guide

I. Legal Framework

Sexual harassment in the workplace in the Philippines is governed mainly by:

Anti-Sexual Harassment Act of 1995 (RA 7877) – focuses on harassment committed by a person who has authority, influence, or moral ascendancy over another (e.g., boss, supervisor, trainer).
Safe Spaces Act (RA 11313) – expanded the law to cover peers and coworkers, as well as harassment in streets, public spaces, online platforms, and educational institutions. It explicitly recognizes gender-based sexual harassment in the workplace, even when the offender is a coworker at the same rank.
Labor Code & related DOLE/CSC/CHED issuances – provide employer obligations, due process, and remedies in employment.
Company policies and codes of conduct – which must align with the above laws and usually specify internal complaint procedures, sanctions, and protections.

Because your topic is specifically “complaint against a coworker”, RA 11313 is especially important: it removes the old limitation that harassment must be by a superior. Now, any worker (regardless of position) can be held liable for workplace sexual harassment.

II. What Counts as Sexual Harassment by a Coworker?

1. General Concept

Sexual harassment is unwelcome conduct of a sexual nature that:

Makes you feel offended, humiliated, or intimidated;
Creates a hostile, intimidating, or offensive work environment; or
In some cases, involves demands for sexual favors in exchange for employment benefits or to avoid negative consequences.

Key ideas:

The conduct must be unwanted or unwelcome.
It can be a single severe act or a pattern of behavior.
It doesn’t matter if it happens inside the office, during work events, after-hours activities, or even online chats related to work.

2. Examples of Sexual Harassment by a Coworker

Verbal

Lewd jokes, sexual remarks, or comments about your body.
Comments about your clothing in a sexual way (“tingnan mo suot mo, nakaka-‘turn on’”).
Persistent sexual advances despite clear refusal.
Asking about your sex life or sending explicit messages.

Physical

Unwanted touching, hugging, kissing, or brushing of body parts.
Blocking your way, cornering you, or leaning too close in a suggestive manner.
“Accidental” touching that is repeated and obviously intentional.

Nonverbal / Visual

Sending or showing pornographic images or videos.
Staring at your body (“malicious staring”) or gestures mimicking sexual acts.
Posting sexual comments or memes about you in group chats, email, or social media.

Online / Digital

Sending explicit photos or messages via Messenger, Viber, email, etc.
Tagging you in sexual content or creating fake accounts to harass you.
Threatening to leak intimate pictures (“revenge porn” type threats).

It does not matter if the coworker says they are “just joking” or “that’s my way of being friendly” if you are clearly uncomfortable and the conduct is sexual and unwanted.

III. Employer’s Obligations

Employers in the Philippines are legally obliged to:

Prevent and deter sexual harassment in the workplace.
Act promptly on complaints of sexual harassment.
Adopt, disseminate, and implement a code of conduct or policy that clearly prohibits sexual harassment.
Create an internal mechanism to handle complaints, usually a Committee on Decorum and Investigation (CODI) or its equivalent.

Failure of the employer to take reasonable steps (e.g., no policy, no committee, no action on complaints) can itself result in liability for the employer under RA 7877 and RA 11313, plus possible labor and administrative sanctions.

IV. Rights of the Complainant

As an employee who experiences sexual harassment from a coworker, you have the right to:

File a complaint internally (within the company) and/or externally (government agencies, courts).
Be treated with dignity and respect, not blamed or shamed.
Have your complaint investigated fairly and promptly.
Protection from retaliation, such as demotion, harassment, or termination because you complained.
Confidentiality to the extent reasonably possible (names and details limited to those who must know).
Continue working in an environment free from sexual harassment.

V. Internal (Company) Complaint Process

While details vary per organization, most compliant employers follow a similar framework:

1. Check the Company Policy

Look for:

Anti-sexual harassment policy in the employee handbook or code of conduct.
Procedures on where and how to complain (HR, immediate supervisor, designated officer, CODI).
Time frames for investigation and resolution.
Possible sanctions (reprimand, suspension, dismissal).

Even if you don’t know the exact wording, you can still complain; the employer is bound by law to have such mechanisms.

2. Filing the Complaint

You may typically file the complaint:

In writing (letters, formal complaint forms); or
In some companies, verbally first, followed by a written account.

The complaint usually includes:

Your name, position, department.
Name of the coworker (respondent) and their position.
Specific description of the acts (what happened, where, when, how many times).
Names of any witnesses.
Attachments: screenshots, emails, texts, photos, etc.

3. Committee on Decorum and Investigation (CODI)

A CODI (or similar committee) is usually required by law/policy to be:

Independent and impartial, with representation from both management and employees.
Sensitive to gender issues and trained/confident to handle sexual harassment cases.
Tasked to receive complaints, investigate, hear both sides, and recommend sanctions.

Basic steps:

Receipt of complaint and notification to the respondent.
Preliminary evaluation to see if the complaint falls under sexual harassment.
Investigation, which may include:
- Requesting written explanations,
- Conducting interviews,
- Reviewing documentary and electronic evidence.
Hearing (sometimes formal, sometimes more informal) where both sides can be heard.
Report and recommendation to management.
Decision by management, imposing appropriate sanctions if liability is found.

The employer should also consider interim measures to protect the complainant (e.g., temporary reassignment, work-from-home options, changing work schedules, no-contact orders) while the investigation is pending.

VI. External/Legal Remedies

Apart from internal company processes, you may pursue:

1. Administrative / Labor Remedies

For private sector employees:
- File a complaint with the DOLE if the employer fails to act or has no proper policy/committee.
- In severe cases where harassment leads to constructive dismissal (you are forced to resign), you may bring a case for illegal dismissal, damages, and other money claims before the NLRC.
For government employees:
- Complaints may be brought before the head of agency, Civil Service Commission (CSC), and internal disciplinary mechanisms.
- Sexual harassment is a grave offense that can lead to suspension or dismissal.

2. Criminal Complaints

The same acts of harassment may also constitute crimes, such as:

Acts of lasciviousness,
Unjust vexation (in some instances),
Grave coercion,
Gender-based sexual harassment under RA 11313 (with specific penalties like fines and/or imprisonment).

You may file a criminal complaint with the:

City/Provincial Prosecutor (Office of the Prosecutor), or
Initially report to the police or an appropriate government office, who may assist in preparing the complaint.

A criminal complaint usually requires a sworn statement (affidavit) describing the acts in detail and attaching evidence (e.g., messages, medical/psychological reports if you sought help, witness statements).

3. Civil Action for Damages

You may also file a civil case for damages based on the Civil Code, particularly if:

You suffered psychological, emotional, or reputational harm.
You incurred medical or therapy expenses.
The harassment seriously affected your work or livelihood.

Civil and criminal cases can sometimes proceed alongside administrative or internal proceedings, depending on strategy and advice of counsel.

VII. Evidence in a Sexual Harassment Complaint

You do not need “perfect” evidence to complain. However, supporting proof is very helpful:

1. Documentary / Electronic Evidence

Screenshots of chats, messages, emails.
Social media posts, comments, or tags.
Photos or videos showing misconduct.
Voice recordings (subject to legal rules on recording conversations; consult counsel if possible).
Written notes or letters from the harasser.

Keep original versions where possible, and back up copies securely.

2. Testimonial Evidence

Your own testimony (detailed written statement).
Statements of coworkers who:
- Witnessed specific acts;
- Overheard comments;
- Saw your immediate distress.
Friends or family members you informed soon after incidents (they can attest to your condition and consistent narration).

3. Circumstantial Evidence

Sometimes sexual harassment happens with no direct witness. In such cases, consistency and credibility matter:

Records of changes in your behavior (absences, performance changes).
Medical or psychological reports if you sought professional help for anxiety, depression, or trauma.
Patterns of conduct by the harasser towards others (if similar complaints exist).

VIII. Due Process and Rights of the Accused Coworker

Even in sexual harassment cases, employers and committees must respect due process:

The respondent is entitled to notice of the complaint and a chance to explain and defend themselves.
Investigations should be fair, impartial, and thorough.
The decision must be based on substantial evidence, not mere speculation.

This does not mean your complaint is invalid or minimized; it simply ensures that the proceedings are robust enough to withstand legal scrutiny and that outcomes are less likely to be overturned.

IX. Sanctions and Penalties

Depending on gravity and frequency, sanctions on a coworker found liable for sexual harassment may include:

Written warning or reprimand;
Mandatory counseling or training;
Suspension (with or without pay) for specified periods;
Demotion or reassignment;
Dismissal/termination from employment.

In criminal cases, penalties may involve:

Fines,
Imprisonment as specified by law,
Or both.

Repeat offenders, abuse of vulnerable victims, or especially degrading or violent forms of harassment may justify heavier penalties.

X. Non-Retaliation and Protection

Retaliation is illegal. Retaliatory acts may include:

Demotion or unfavorable reassignment;
Unjust poor performance ratings after complaint;
Social or professional ostracism encouraged by management;
Threats or intimidation because you filed a complaint.

Employers are expected to:

Prevent retaliation;
Intervene if coworkers harass or isolate the complainant;
Treat any retaliatory behavior as a separate violation subject to discipline.

XI. Practical Tips for Employees Considering a Complaint

Document incidents as soon as possible.
- Write down what happened, when, where, who was present.
- Save screenshots, messages, and emails.
Confide in someone you trust.
- A friend, family member, union representative, or trusted colleague can be emotional and practical support.
Check your company policy on sexual harassment.
- Identify the proper person or office to approach (HR, CODI, a designated officer).
Seek assistance from HR or your union.
- If there is a union or workers’ association, they may help you navigate the process.
Consider your safety and mental health.
- If you feel unsafe, request interim measures (e.g., separate workstation, different shift, no-contact rules).
- Consult a counselor, psychologist, or support group if the harassment has affected your mental well-being.
Be prepared for pushback—but know your rights.
- Some coworkers or managers may trivialize the issue or tell you to “just ignore it.”
- The law recognizes your right to a work environment free from sexual harassment. Silence is not mandatory.
When in doubt, consult a lawyer or legal aid office.
- Especially if the case is severe, ongoing, or involves physical assault, or if you are facing retaliation or threats.

XII. For Employers and HR

To handle coworker sexual harassment cases properly, employers should:

Have a clear, written anti-sexual harassment policy accessible to all employees.
Establish and train a Committee on Decorum and Investigation.
Provide orientation and training so employees understand what sexual harassment is and how to report it.
Ensure confidentiality and sensitivity in handling complaints.
Act promptly and fairly, without minimizing or trivializing complaints.
Impose consistent and appropriate sanctions when liability is found.
Monitor and take action against retaliation.

Beyond legal compliance, a proper response builds trust, reduces legal risk, and promotes a healthier workplace culture.

XIII. Closing Note

A sexual harassment complaint against a coworker is both a legal and a deeply personal and emotional matter. Philippine law now explicitly recognizes that harassment can come from anyone in the workplace, not just bosses, and provides mechanisms to complain, investigate, and sanction such behavior. Knowing your rights, the available procedures, and the kinds of evidence you can gather empowers you to assert your dignity and safety at work.

This discussion is general legal information, not a substitute for personalized legal advice. For specific cases—especially those involving physical or severe psychological harm—it is crucial to consult competent counsel or appropriate government agencies.