1) What “workplace assault” covers in Philippine practice

In the Philippines, “workplace assault” is not a single legal label. It’s a real-world description of harmful acts occurring in connection with work (inside the workplace, at a worksite, during work-related travel, at company events, or within work relationships), including:

Physical violence (hitting, punching, shoving, choking, throwing objects, use of weapons)
Sexual violence or coercion (groping, forced kissing, sexual acts through force/intimidation)
Threats and intimidation (grave threats, stalking-like conduct, coercion)
Harassment that becomes violent or creates imminent risk
Psychological abuse tied to workplace power dynamics (sometimes overlapping with sexual harassment and discrimination rules)

Because remedies differ by category, the first legal task is to classify the conduct into (a) criminal offenses, (b) workplace administrative violations, (c) civil liabilities, and (d) labor/compensation consequences. These can proceed in parallel.

2) Criminal liability: common charges arising from workplace assaults

A. Physical violence under the Revised Penal Code (RPC)

Depending on the injury and circumstances, workplace violence can be charged as:

Physical Injuries
- Serious, Less Serious, or Slight Physical Injuries depending on the gravity, healing time, and resulting incapacity.
Attempted, Frustrated, or Consummated Homicide / Murder When the assault shows intent to kill, or results in death.
Maltreatment and similar offenses In specific contexts, including abuse of authority in some settings (fact-dependent).

Key evidence points: medical certificate, photos, witness statements, CCTV, incident reports, and proof of identity/relationship of the offender.

B. Threats, coercion, and related offenses (RPC)

Even without physical contact, workplace conduct can be criminal:

Grave Threats / Light Threats
Grave Coercion / Light Coercion
Unjust Vexation (often used for harassing conduct that causes annoyance/irritation; charging practice varies)
Slander by deed (humiliating physical acts not necessarily causing injury)

C. Sexual violence and sex-based offenses (RPC and special laws)

Workplace assaults with sexual elements may fall under:

Rape (including rape by sexual assault, depending on acts committed)
Acts of Lasciviousness
Other forms of sexual coercion/intimidation

Where the conduct is sex-based but not necessarily physical assault, special laws may also apply:

Anti-Sexual Harassment Act (RA 7877) Covers sexual harassment in a work-related environment (including demands or conditions linked to employment, promotion, benefits; or hostile environment harassment).
Safe Spaces Act (RA 11313) Covers gender-based sexual harassment in streets, public spaces, online, and workplaces, with employer duties to prevent and address.
VAWC (RA 9262) may apply if the victim and offender are in certain intimate/dating/marital relationships; it is not a general workplace law but can overlap when partners are co-workers.

D. When the offender is a supervisor/manager or a person in authority

While a private workplace is not automatically a “public authority” context, power imbalance matters in:

assessing intimidation/coercion,
workplace administrative findings,
civil damages,
and employment consequences.

E. Corporate liability vs individual liability (criminal)

Criminal cases are generally filed against natural persons (the assailant). However, in some regulatory contexts (notably occupational safety and health), responsible officers can face penal consequences for violations tied to safety duties (see OSH section below).

3) Criminal process basics (what usually happens)

A. Filing routes

Police blotter and complaint-affidavit for criminal filing.
Prosecutor’s Office for inquest (if arrest happened) or regular preliminary investigation.
Barangay conciliation may apply to certain minor disputes, but many workplace assault scenarios (especially serious injuries, sexual offenses, or urgent safety issues) are not suited to barangay settlement. Practical handling depends on offense and local rules.

B. Protection and immediate safety measures

In urgent danger: emergency medical care, police assistance, preservation of evidence, and workplace removal/separation protocols.
For sexual harassment cases: confidentiality and protective workplace measures are critical; retaliation risks are addressed under workplace rules and special laws.

C. Independent workplace proceedings

A criminal case does not automatically stop internal HR/administrative proceedings. Employers are generally expected to act promptly to prevent recurrence and protect employees while respecting due process.

4) Employer liability: what the employer can be responsible for (even if the employer didn’t strike anyone)

Employer liability typically comes from four overlapping sources:

Statutory duties (Occupational Safety and Health; sexual harassment laws)
Labor standards and management prerogative limits (safe workplace, due process, retaliation)
Civil law (quasi-delict/vicarious liability; breach of contractual duty of care)
Agency/authority principles (acts of supervisors, negligent hiring/retention/supervision)

A. Occupational Safety and Health duties (RA 11058 and OSH Standards)

Philippine law recognizes a broad employer duty to provide a safe and healthful workplace. While OSH is often associated with accidents, its scope can include workplace violence risks where hazards are foreseeable and preventable (e.g., security failures, unchecked violent behavior, unsafe work arrangements, inadequate reporting/response systems).

Employer duties commonly include:

hazard identification and risk controls (including security),
reporting mechanisms and incident handling,
OSH committee/representatives,
training and information dissemination,
documentation and corrective actions.

Regulatory exposure: DOLE inspections, compliance orders, and potential penalties for OSH violations. Where laws impose obligations on “responsible officers,” accountability can extend beyond the corporation as an entity.

B. Duties under sexual harassment laws (RA 7877 and RA 11313)

In workplace sexual harassment and gender-based sexual harassment, employer duties generally include:

adopting and disseminating written policies,
establishing an internal mechanism/committee to receive and investigate complaints,
conducting prompt, impartial investigations,
protecting confidentiality and privacy,
imposing appropriate administrative sanctions,
preventing retaliation,
creating a safe reporting environment.

Failure to maintain or enforce these mechanisms can create employer exposure even when the assailant is an employee or manager.

C. Civil liability: damages for failure to prevent or for negligent supervision

Under Philippine civil law, an employer may be held liable if:

the employer was negligent in selecting, supervising, or retaining employees who posed known risks;
the employer failed to take reasonable precautions (e.g., security measures, response protocols);
the harm is connected to the employer’s breach of a duty of care.

A related principle is vicarious liability (e.g., for acts of employees in the performance of their duties, depending on circumstances). Workplace assaults are often argued as “personal” acts, but employer liability can still arise through independent negligence—especially where there were red flags and the employer did nothing.

D. Labor liabilities: safe workplace, due process, retaliation, and constructive dismissal

Employer exposure increases when:

the employer ignores reports,
minimizes or delays action,
allows retaliation (schedule changes, demotion, isolation, threats),
forces the complainant to resign or makes continued work intolerable (potential constructive dismissal),
transfers the complainant in a punitive way rather than implementing protective measures.

Even when an assault is committed by a co-worker, the employer’s response can be the basis of labor claims.

5) Employer actions against the offender: discipline and termination

A. Just causes for discipline/dismissal

Under Philippine labor law, violence at work commonly fits:

Serious misconduct
Willful disobedience (e.g., violating workplace rules, safety policies)
Commission of a crime or offense in connection with employment or against persons in the workplace context
Analogous causes (acts inimical to employer or co-employees)

B. Due process requirements (twin-notice rule and hearing opportunity)

Even if there is CCTV and clear evidence, employers generally must observe:

Notice to Explain (charge sheet; specify acts, policies violated, evidence)
Opportunity to be heard (written explanation; admin conference/hearing where appropriate)
Notice of Decision (findings and penalty; effectivity)

Failure in due process can create liability, even if the employee truly committed the act.

C. Interim measures

Employers commonly use:

preventive suspension (when presence poses threat),
schedule/site separation,
no-contact instructions,
security controls.

Interim measures should be protective, not punitive toward the complainant.

6) Employee compensation and monetary recovery: what an injured worker can claim

A worker harmed by workplace assault may have several distinct “money pathways.” These are not mutually exclusive, but double recovery for the same injury is limited.

A. Employees’ Compensation (EC) under the SSS/GSIS system (work-related injury)

If the victim is a private-sector employee covered by SSS, Employees’ Compensation may apply if the injury is work-connected.

Possible benefits include:

medical services and reimbursement rules (subject to program requirements),
temporary total disability benefits,
permanent partial or permanent total disability benefits,
death and funeral benefits (for fatal cases).

Critical issue: work-relatedness. Assaults can be compensable when they arise out of and in the course of employment, including some work-related travel or employer-directed activities. Purely personal fights may be contested; strong documentation of work connection matters (work assignment, workplace setting, employer event, supervisory relationship, job-related dispute, security lapses).

B. SSS sickness/disability benefits (separate from EC)

Apart from EC, SSS benefits may be available depending on contributions and medical certification (rules differ from EC).

C. PhilHealth coverage

PhilHealth may cover portions of hospitalization/medical care, depending on benefit packages and facility/diagnosis classifications.

D. Labor claims: wages, benefits, and dismissal-related money

If the incident results in:

forced resignation,
termination due to reporting,
retaliation-based disciplinary action,
or constructive dismissal,

the employee may claim labor-related monetary relief such as:

backwages (in illegal dismissal cases),
reinstatement or separation pay in lieu (depending on case outcomes),
damages where warranted,
unpaid wages/benefits.

Separate from dismissal, there may be wage-related claims if the employer improperly withholds pay during periods that should be paid (fact-dependent).

E. Civil damages against the offender and/or employer

Civil damages can be pursued through:

civil action arising from the crime (often alongside or after criminal prosecution),
independent civil action based on quasi-delict or other civil law grounds.

Recoverable items may include:

actual damages (medical bills, therapy, lost income),
moral damages (mental anguish, trauma),
exemplary damages (in appropriate cases),
attorney’s fees (when legally justified).

F. Special law remedies and administrative sanctions

Sexual harassment laws can lead to:

administrative penalties within the workplace,
separate proceedings under applicable laws,
and evidence supporting civil damages and labor claims.

7) Overlap and strategy: criminal, HR/admin, DOLE, NLRC, civil court—how they intersect

A single workplace assault can produce multiple proceedings:

Criminal: against the assailant (and sometimes responsible officers for regulatory offenses)
Workplace administrative: discipline, protective measures, policy enforcement
DOLE/OSH: compliance and safety enforcement
NLRC/labor: illegal dismissal/retaliation/constructive dismissal, money claims
Civil: damages against assailant and/or employer

They have different standards of proof and timelines:

Criminal: proof beyond reasonable doubt
Administrative/labor: substantial evidence
Civil: preponderance of evidence

An acquittal in criminal court does not always defeat administrative or civil findings, depending on reasons and evidence.

8) Evidence and documentation: what usually makes or breaks cases

A. Medical and psychological documentation

ER records, medico-legal certificates, follow-up consults
Psychiatric/psychological assessment (especially where trauma affects work capacity)

B. Digital and workplace records

CCTV footage (secure quickly; request preservation)
Access logs, ID swipes, guard logs
Incident reports, HR emails, chat messages, texts, call logs
Prior complaints or pattern evidence (if relevant and lawfully obtained)

C. Witness handling

Identify and obtain statements early
Protect witnesses from retaliation
Maintain confidentiality protocols

D. Chain-of-custody considerations

Particularly for digital video/audio: document who received, copied, stored, and transferred files.

9) Common employer pitfalls that create liability

No clear reporting channel; complaints are “handled informally” then buried
Retaliation disguised as “performance issues” or “reorganization”
Delays that allow evidence deletion (CCTV overwritten)
Forcing the complainant to mediate with the offender in inappropriate cases
Mishandling confidentiality (gossip, disclosure)
Transferring the complainant instead of controlling the offender’s access
Ignoring third-party violence risks (clients, contractors, visitors) without security controls
Failure to align internal policy with RA 7877/RA 11313/OSH obligations

10) Special situations

A. Assault by a customer/client/visitor/contractor

Employer duties still exist:

security measures,
barring offenders from premises,
coordination with building admin/security,
incident reporting and protection plans,
contractor management and access controls.

Liability may attach if the employer ignored known risks or failed to implement reasonable safeguards.

B. Off-site company events and work travel

Assaults at team buildings, trainings, outings, conferences, and employer-directed travel can still be “work-related” for:

disciplinary jurisdiction,
EC compensability arguments,
employer duty of care.

C. Remote work and online harassment escalating to threats

Online conduct can support:

workplace administrative action,
Safe Spaces Act workplace obligations where applicable,
criminal complaints for threats/coercion depending on facts.

D. Counterclaims and “mutual fight” narratives

Employers and prosecutors often face conflicting stories (self-defense, provocation, “consensual” interactions). Objective evidence (video, injuries pattern, contemporaneous messages, prompt reporting) becomes decisive.

11) Prescription and deadlines (high-level guide)

Deadlines depend on the case type:

Labor money claims: commonly subject to a 3-year prescriptive period (varies by claim type).
Illegal dismissal/constructive dismissal: typically treated differently from pure money claims; timing strategy matters.
Criminal offenses: prescription varies widely by offense and penalty level.
Civil claims: depend on whether based on quasi-delict, contractual breach, or civil action from a crime.

Because multiple clocks may run simultaneously, early documentation and filing decisions are often as important as the merits.

12) Practical “compliance-grade” framework for employers (what best practice looks like)

A robust workplace violence and harassment program in the Philippine context typically includes:

Policy coverage: physical violence, threats, harassment, sexual harassment, gender-based harassment, retaliation
Multiple reporting channels: HR, hotline/email, OSH committee, designated officers
Immediate safety protocol: medical care, separation measures, security response, evidence preservation
Investigation playbook: timelines, neutral investigators, documentation templates, confidentiality rules
Due process discipline: charge sheets, hearing opportunity, reasoned decisions
Victim support: leave options, counseling referral, work adjustments without penalty
Training: managers, security, HR, rank-and-file
Coordination: building admin/security, DOLE compliance readiness, law enforcement liaison
Metrics and prevention: incident tracking, hazard reviews, corrective actions

Failure to implement these, especially where laws require internal mechanisms, often becomes the factual backbone of employer liability.

13) Bottom line

Workplace assault in the Philippines can trigger criminal prosecution, employment discipline, DOLE/OSH enforcement, labor claims, and civil damages—sometimes all at once. The assailant’s criminal liability is only one piece; the employer’s exposure often depends on foreseeability, prevention measures, and response quality (speed, fairness, confidentiality, anti-retaliation, and safety controls). Compensation for the victim may come from Employees’ Compensation/SSS/PhilHealth, plus labor and civil remedies when the facts support them.