Workplace Assault in the Philippines: Criminal and Labor Remedies for Physical Injury

Guide for employees, employers, and HR practitioners (Philippine law). This is general information, not legal advice.

1) Quick snapshot

Criminal: Assault that causes injury is a crime under the Revised Penal Code (RPC)—from slight to serious physical injuries, with penalties that scale by gravity. Complaints are filed with the police/prosecutor and may require barangay conciliation for minor cases.
Civil: Victims can claim damages against the attacker (and sometimes the employer) under the Civil Code for tort/quasi-delict or abuse of rights.
Labor/HR: Fighting or assault is just cause for dismissal; employers must follow due process (twin-notice + hearing). Employers also have a statutory duty to keep workplaces safe (OSH law) and may face administrative exposure for lapses.
Insurance/benefits: Work-related injuries may be compensable under the Employees’ Compensation Program (ECP) and related SSS/GSIS benefits.

2) Criminal law remedies

A. Offenses commonly charged

Under the RPC:

Serious Physical Injuries (Art. 263) – e.g., loss of use of an organ, permanent deformity, or incapacity for labor beyond 30 days; penalties vary depending on the result and period of incapacity/medical attendance.
Less Serious Physical Injuries (Art. 265) – incapacity for labor or medical attendance for 10–30 days.
Slight Physical Injuries & Maltreatment (Art. 266) – incapacity or medical attendance for 1–9 days, or ill-treatment not requiring medical care.
Mutilation (Art. 262) and Administering injurious substances (Art. 264) may apply in unusual cases.
Grave threats/coercion or unjust vexation can accompany the charge where facts fit.
If the assault has a gender-based component, check Safe Spaces Act (RA 11313) (workplace sexual harassment/GBSH) alongside the RPC.

Aggravating circumstances (e.g., abuse of superiority, treachery, or use of a weapon) can increase penalties if alleged and proven.

B. Where and how to file

Document the injury: get a medico-legal certificate and treatment records; preserve CCTV, photos, clothing, and witness details.
Police blotter where the incident occurred; secure a referral for medico-legal if needed.
Barangay conciliation (Katarungang Pambarangay) is generally a precondition for minor cases when parties live in the same city/municipality and the offense carries relatively lower maximum penalties (e.g., slight or less serious physical injuries). Exceptions apply (e.g., when the maximum penalty exceeds the KP thresholds, parties reside in different cities/municipalities, or other statutory exceptions).
Prosecutor’s Office: file an affidavit-complaint with evidence. Offenses with penalties of at least 4 years, 2 months, and 1 day typically undergo preliminary investigation; lower-penalty cases may proceed via inquest or direct filing with the proper trial court.
Protection: While the RPC has no general “workplace protection order,” victims can pursue criminal protective relief (e.g., bail conditions, no-contact orders) and, where applicable, special statutes like VAWC (RA 9262) for intimate partners or Safe Spaces Act for GBSH.

C. Prescriptive periods (time limits to file)

Serious/less serious physical injuries (correctional penalties): generally 10 years.
Offenses punishable by arresto: generally 5 years.
Light offenses (e.g., slight physical injuries): 2 months. (Counting runs from discovery/commission; special rules apply for continuing offenses or fugitives.)

D. Typical defenses

Self-defense/defense of a relative/stranger (justifying circumstances: unlawful aggression, reasonable necessity of the means, lack of sufficient provocation).
Accident or lack of intent.
Factual disputes (who struck first, credibility of witnesses, insufficiency of medical proof of incapacity).

3) Civil liability and damages

A. Direct suit against the aggressor

Quasi-delict (Civil Code Art. 2176) or abuse of rights (Arts. 19–21) to recover actual, moral, exemplary, and attorney’s fees.
Prescription: actions for injury to rights/quasi-delict generally 4 years from injury/discovery.

B. Employer’s vicarious liability

Art. 2180: Employers can be solidarily liable for damages caused by employees in the discharge of their duties or on the occasion thereof, unless they prove diligence in selection and supervision (background checks, training, clear policies, supervision, enforcement, discipline).
If the assault is a purely personal act and clearly outside assigned tasks, employer liability weakens but is fact-sensitive (e.g., assaults by security staff while on duty more likely create exposure).

C. Parallel remedies

A victim may pursue criminal, civil, and labor remedies simultaneously. Civil liability may be:

Ex delicto (arising from the crime and usually resolved within the criminal case), or
Separate civil action (quasi-delict/independent civil action). Coordination avoids double recovery.

4) Labor and HR remedies

A. Just causes for discipline/termination

Under the Labor Code (Art. 297 [old 282]):

Serious misconduct; willful disobedience;
Gross and habitual neglect;
Fraud or willful breach of trust; and
Commission of a crime or offense against the employer, any immediate family member, or duly authorized representative.

Workplace assault typically qualifies as serious misconduct and may also be “commission of a crime.” Dismissal is lawful if the employer:

proves the fact of assault and gravity, and
strictly observes due process.

B. Due process (procedural)

1st Notice: specific charges + facts + company rules violated; give reasonable time to answer (commonly 5 calendar days).
Opportunity to be heard: written explanation and, if requested/appropriate, a hearing/clarificatory conference.
Preventive suspension: allowed if the employee’s continued presence poses a serious and imminent threat to life/property or co-workers; generally up to 30 days (extensions should be paid).
2nd Notice: decision explaining the findings and the penalty.

Documentation matters: incident reports, CCTV, medical certificates, sworn statements, security logbooks.

C. Penalties short of dismissal

Suspension, demotion, final written warning, transfer, or last-chance agreements—proportional to the offense, consistent with company rules and precedent.

D. Constructive dismissal & hostile work environment

A victim who is marginalized or exposed to repeated violence with employer inaction may claim constructive dismissal. Employers must act promptly and effectively upon reports.

E. Special workplace statutes

OSH Law (RA 11058) and its IRR (DOLE D.O. 198-18): imposes a general duty to ensure a safe and healthy workplace, provide policies, training, incident investigation, and reporting. DOLE can impose administrative fines for violations.
Safe Spaces Act (RA 11313): requires employers to adopt and enforce anti-sexual harassment/GBSH policies, designate officers, and provide training and internal complaint mechanisms. Physical assault with a gendered component may trigger duties here.
Anti-Violence Against Women and Their Children (RA 9262): if aggressor is an intimate partner and the incident occurs at work (or affects work), employers should cooperate with protection orders and safety plans.

F. NLRC/DOLE fora

SENA (Single-Entry Approach) for quick mediation at DOLE Field/Regional Offices.
NLRC for illegal dismissal, money claims, and damages.
DOLE inspection for OSH compliance lapses.

5) Employees’ Compensation & related benefits

Injuries arising out of and in the course of employment may qualify for ECP benefits (medical services, temporary total disability, permanent partial/total disability) through SSS (private) or GSIS (public).
Employers must report work accidents, cooperate in ECC claim processing, and shoulder company obligations (e.g., wage payment rules, sick leave, CBA benefits).
Note: Intentional self-injury or employee misconduct may affect compensability; borderline fact patterns should be documented thoroughly.

6) Practical playbooks

A. If you’re the victim

Get treated; secure a medico-legal certificate.
Preserve evidence: photos, CCTV request, incident reports, witness contacts, chat/email trails.
Report internally: HR/security; demand preventive measures (separation, schedule changes).
Blotter + complaint: police/barangay; decide on criminal and/or civil filing.
Work benefits: file ECP/SSS benefits if work-related; use sick leaves; ask HR for reasonable accommodations for recovery.
Follow-through: attend hearings; obtain certified medical updates to establish incapacity days (affects charge/penalty).

B. If you’re HR/employer

Immediate safety: separate parties; first aid; secure scene and CCTV.
Notice & investigate: written charges; collect sworn statements; schedule conference.
Assess gravity: nature of injury, use of weapon, prior offenses, threat level.
Apply due process: consider preventive suspension; decide penalty proportionately; issue a reasoned decision.
Legal alignment: assist victim with ECP; consider company complaint as private offended party; evaluate civil exposure; notify insurers.
Remediate: refresh policies, training, and security; document diligence in selection/supervision.

C. If you’re the accused employee

Preserve your own evidence (injuries, messages, CCTV requests).
Submit a timely written explanation; request a hearing; raise defenses (e.g., self-defense).
Cooperate with investigations; avoid contact with the complainant; consider counsel for potential criminal exposure.

7) Evidence tips (what often makes or breaks cases)

Medical: clarity on days of incapacity and medical attendance (these determine the specific offense/penalty under the RPC). Ask your physician to be precise and to update findings if recovery timelines change.
Video: export CCTV promptly (many systems overwrite in 7–30 days).
Digital: preserve emails/chats via screenshots and raw exports; keep metadata where possible.
Chain of custody: for physical items (e.g., a broken tool used as a weapon), log who handled them.

8) Common FAQs

Q: Do I need barangay conciliation first? A: Often yes for slight and less serious injuries when both parties reside in the same city/municipality, unless an exception applies. For more serious offenses or where parties live in different cities/municipalities, you may proceed directly to the prosecutor.

Q: Can the company be liable for an assault between co-workers? A: Possibly—via vicarious liability (if within assigned tasks/on the occasion of work) unless the employer proves diligent selection/supervision. Separate OSH and Safe Spaces liabilities can also arise.

Q: Can we dismiss an employee after a workplace fight if both threw punches? A: Case-by-case. Employers must investigate who initiated, degree of force, provocation, and injuries. Unequal penalties are permissible if backed by facts; otherwise, inconsistent discipline risks reversal at the NLRC.

Q: What if the victim refuses to press charges? A: HR should still investigate and discipline under company rules. Criminal cases (except a few private crimes) can proceed at the State’s instance, but victim cooperation often affects outcomes.

Q: How fast must we act? A: Immediately for safety; promptly for notices/investigation. Remember criminal prescriptive periods (e.g., 2 months for light offenses) and internal policy deadlines.

9) Model internal policy clauses (plain-English starters)

Zero tolerance for violence: Any physical assault, attempted assault, threats, or intimidation is misconduct and may warrant dismissal on first offense depending on gravity.
Reporting & protection: Employees can report to HR, Security, or via hotline/email. The company will separate parties, consider preventive suspension, and coordinate with law enforcement.
Investigation protocol: Written notices, 5 calendar days to answer, hearing on request, decision in writing with reasons.
Evidence retention: CCTV preserved for at least 90 days; HR keeps incident files confidential.
Training: Annual violence prevention and de-escalation training for supervisors and security.
Non-retaliation: Any retaliation against reporters/witnesses is itself a dismissible offense.

10) Checklists

For victims

Medico-legal + treatment records
Photos/videos/CCTV request
Police blotter / barangay filing (if required)
Affidavit-complaint + witnesses
HR report; ask for safety measures
ECP/SSS claim (if work-related)

For HR

Separate parties; first aid; secure scene
Incident reports + sworn statements
Serve 1st notice; allow 5 days to answer
Hearing; assess sanctions; consider preventive suspension
2nd notice (decision) with clear grounds
Update policies/training; preserve diligence records

11) Key statutes to know (by topic)

Revised Penal Code – Arts. 262–266 (physical injuries), Arts. 11 (justifying circumstances), Arts. 90–91 (prescription).
Labor Code – Art. 297 (just causes); due process requirements (by jurisprudence and DOLE rules).
RA 11058 (OSH Law) & DOLE D.O. 198-18 (IRR) – employer safety duties and penalties.
RA 11313 (Safe Spaces Act) – workplace gender-based sexual harassment & employer duties.
Civil Code – Arts. 19–21 (abuse of rights), 2176 (quasi-delict), 2180 (employer liability), 1146 (4-year prescription).
Katarungang Pambarangay (Local Government Code) – barangay conciliation prerequisites.
PD 626 / ECP – employees’ compensation.

Final notes

Grading the injury correctly—by medical evidence of incapacity/medical attendance days and permanent effects—is crucial to the proper criminal charge and potential civil damages.
Employers protect themselves by proving diligence (clear rules, training, supervision, swift enforcement) and by documenting every step.
Victims should consider parallel tracks: criminal case for accountability, civil action for full damages, and labor/benefits routes for immediate relief.