1) What counts as workplace harassment?

“Workplace harassment” is an umbrella term for abusive conduct connected to work that harms an employee’s dignity, safety, or well-being. In Philippine practice, complaints typically fall into these categories:

A. Sexual harassment

Sexual harassment is addressed under Republic Act (RA) 7877 (Anti-Sexual Harassment Act of 1995) and RA 11313 (Safe Spaces Act). It can include:

Unwelcome sexual advances, requests for sexual favors, or other verbal/physical conduct of a sexual nature
Sexual jokes, lewd remarks, sexual comments about appearance
Unwanted touching, blocking someone’s path, persistent sexual messaging
“Quid pro quo” situations (e.g., promotions, schedules, or continued employment conditioned on sexual compliance)
Hostile work environment conduct that is severe or pervasive

Key idea: Consent is not assumed just because someone did not immediately complain; power imbalance matters, especially where a manager supervises the complainant.

B. Gender-based sexual harassment (GBSH) in the workplace

The Safe Spaces Act expands coverage beyond traditional “authority influence” scenarios. It targets gender-based conduct that humiliates or threatens a person, including many forms of online harassment (e.g., sexual remarks in work chat, repeated DMs, non-consensual sharing of intimate images).

C. Bullying, intimidation, and abusive conduct (non-sexual)

Philippine law does not use one single “anti-workplace bullying” statute for the private sector in the same way some countries do, but abusive managerial conduct may still be actionable through:

Company policies/Code of Conduct and internal administrative rules
Labor law remedies when harassment results in adverse actions (constructive dismissal, illegal dismissal, discrimination, retaliation)
Civil law (damages for acts contrary to morals, good customs, or public policy; quasi-delict/tort principles)
Criminal law when the conduct fits offenses like threats, coercion, physical injuries, unjust vexation, grave slander/oral defamation, libel/cyberlibel, or stalking-type behaviors (depending on facts)

D. Discrimination and retaliation

Harassment can overlap with discrimination based on sex, gender, pregnancy, marital status, disability, religion, age, or other protected characteristics, and retaliation for reporting misconduct can create separate liability.

2) Why classification matters: choosing the right legal route

Different legal tracks have different forums, remedies, burdens of proof, and timelines. Many cases use multiple tracks at once.

Common tracks

Internal administrative complaint (HR/Grievance Committee/CODI)
DOLE / Labor case (when harassment ties to discipline, termination, pay, conditions of work, or constructive dismissal)
Criminal complaint (for offenses under penal laws and special laws)
Civil case for damages (often alongside criminal or labor cases)
Public sector administrative case (Civil Service rules; Ombudsman where applicable)

3) Key Philippine laws you should know (plain-language overview)

A. RA 7877 — Anti-Sexual Harassment Act (1995)

Covers sexual harassment in work, education, and training environments—classically involving a person in authority who demands or insinuates sexual favors, or creates a hostile environment.

Employer duties (practically important):

Establish rules and procedures
Investigate complaints through an internal committee commonly known as a Committee on Decorum and Investigation (CODI) (many workplaces implement CODI structures and procedures)

B. RA 11313 — Safe Spaces Act (2019)

Broader protection against gender-based sexual harassment in streets, public spaces, online, educational institutions, and workplaces.

Workplace relevance:

Covers a wide range of gender-based harassment acts (including online/work chat behaviors)
Requires employers to prevent and address GBSH through clear policies, reporting mechanisms, and corrective action
Generally supports anti-retaliation and confidentiality principles in handling cases

C. Labor Code and labor jurisprudence (private sector)

Harassment becomes a labor case when it affects employment rights—e.g.:

Constructive dismissal (resignation forced by intolerable conditions)
Illegal dismissal (termination linked to retaliation or discriminatory motives)
Unjust disciplinary action based on bad faith
Claims tied to benefits, wages, damages/reliefs in labor forums where appropriate

D. Civil Code (damages)

Even if a behavior is not clearly criminal, it may still support:

Moral damages (mental anguish, humiliation)
Exemplary damages (to deter wrongdoing in certain cases)
Attorney’s fees (in appropriate situations)

E. Criminal laws (fact-dependent)

Depending on the conduct, possible offenses may include:

Physical injuries, threats, coercion
Slander/oral defamation, libel/cyberlibel
Unjust vexation or similar “annoying/harassing” conduct (as charged in practice depending on circumstances)
Violations under special laws for sexual harassment or related acts

Important: The best-fitting charge depends heavily on what was said/done, where, how often, and what evidence exists.

F. If you are in government service

Public sector employees often proceed under:

Civil Service Commission (CSC) rules on administrative discipline and sexual harassment procedures
Ombudsman jurisdiction for certain offenses and administrative cases involving public officials/employees (Forum choice depends on agency rules, position, and the nature of the complaint.)

4) What you can complain about: examples that typically support a case

Strong fact patterns (often actionable)

Repeated sexual remarks, jokes, propositions; explicit messages in work chat
Unwanted touching, cornering, or “accidental” brushing
Threats tied to performance evaluations, schedules, promotions, or termination
Doxxing, non-consensual sharing of sexual content, or humiliating posts
Pattern of targeted humiliation, screaming, insults, or discriminatory slurs linked to protected characteristics
Retaliation after a report: demotion, shift reassignment, exclusion, baseless NTEs, PIP abuse, termination threats

Fact patterns that need extra proof/context

“Rude boss” behavior that is general and not targeted
One-off comments (unless severe)
Performance management disputes without harassing content These can still be actionable internally and may support labor claims if paired with bad faith or retaliation, but evidence and context are crucial.

5) Evidence: how to build a complaint that survives scrutiny

A harassment case often turns on documentation. Start collecting and organizing evidence early.

A. Your incident log (make one immediately)

Create a private timeline including:

Date/time, location/platform
Exact words/actions (quote if possible)
Witnesses and what they saw/heard
Your response (if any) and immediate effect on work/health
Follow-up incidents and patterns

B. Written and digital records

Emails, chat messages, texts, DMs
Screenshots (include date/time and context)
Meeting invites, call logs, work tickets showing retaliatory assignments
Performance evaluations or sudden disciplinary memos after a report

C. Witnesses

Identify direct witnesses and “pattern witnesses” (people who observed similar behavior toward others)
Keep a list with names, roles, contact info

D. Audio/video recordings (be careful)

Philippine rules and privacy considerations can be complex. Secret recordings may raise admissibility and privacy issues depending on circumstances. If you’re considering recording, it’s wise to get legal advice on risks and proper handling.

E. Medical/psychological evidence

If the harassment caused anxiety, depression, panic attacks, or other harm:

Consult a professional
Keep medical certificates, receipts, and notes (these can support damages and credibility)

6) Choosing where to file: a practical decision map

If you want the company to act (discipline, separation, workplace protection)

File an internal administrative complaint first (or in parallel).

If the company does nothing, tolerates harassment, or retaliates

Consider labor remedies (e.g., constructive dismissal/illegal dismissal) and/or criminal/civil options.

If the conduct is criminal (threats, coercion, physical harm, sexual harassment under special laws)

You can proceed directly to the Prosecutor’s Office for inquest/complaint (depending on the scenario), without waiting for HR.

If you are a government employee

Use your agency’s administrative mechanisms and applicable CSC/Ombudsman processes, as appropriate.

7) Step-by-step: How to file an internal workplace complaint (private sector)

While each employer has its own policy, a strong, standard approach looks like this:

Step 1: Review your company’s policy and reporting channels

Look for:

Code of Conduct / Anti-Sexual Harassment / Safe Spaces policy
HR handbook reporting steps
CODI or similar committee procedures
Confidential reporting hotline/ethics portal

Step 2: Prepare a written complaint (clear, factual, complete)

Your complaint should include:

Your name, role, department, contact info (or whether anonymous reporting is allowed)
Respondent’s name, role, reporting relationship (e.g., direct manager)
Facts: who/what/when/where/how; pattern of conduct
Specific policy/law you believe is violated (if known—but not required)
Evidence list (attachments)
Witness list
Harm suffered (work impact, health impact)
Relief requested (see below)

Step 3: Ask for protective measures (immediately)

Examples:

No-contact directive
Change in reporting line
Separate schedules/work arrangements
Temporary reassignment of the respondent (not the complainant, where feasible)
Confidentiality safeguards

Step 4: Participate in investigation properly

Submit evidence in an organized folder
Attend interviews; bring a support person if allowed
Ask for minutes/acknowledgment receipts of submissions
Request updates in writing

Step 5: Receive results and next steps

Outcomes may include:

Dismissal of the complaint (sometimes due to lack of evidence)
Finding of liability with sanctions (warning, suspension, termination, training, etc.)
Mediation/settlement (be cautious; ensure it does not silence you unfairly or waive rights without informed consent)

Tip: Keep communications professional and written whenever possible.

8) If HR ignores you or retaliation starts: labor options

Harassment by a manager often escalates into labor disputes. Potential labor angles include:

A. Constructive dismissal

If continued employment becomes unbearable due to harassment, hostility, or retaliation such that a reasonable person would feel forced to resign, a resignation may be treated as constructive dismissal. Documentation showing intolerable conditions and failed employer action is key.

B. Illegal dismissal / retaliatory discipline

If you’re terminated, suspended, demoted, or pressured through sham investigations after reporting harassment, you may have claims that the action lacked just cause or due process, or was retaliatory.

C. Employer liability for failure to prevent/act

Employers can be exposed when they:

Lack required policies/mechanisms
Fail to investigate promptly and fairly
Allow a hostile environment to persist
Permit retaliation

Labor procedures and venues depend on the nature of claims and employment status; legal counsel can help choose the correct forum and strategy.

9) Filing a criminal complaint (when appropriate)

Where to file

Typically at the Office of the City/Provincial Prosecutor where the offense occurred, or where elements occurred (e.g., online conduct may have multiple possible venues depending on applicable rules).

What you’ll need

Complaint-affidavit narrating facts
Supporting affidavits of witnesses (if available)
Documentary evidence (screenshots, emails, photos, medical records)
IDs and other filing requirements

What happens next (typical flow)

Filing and evaluation
Respondent’s counter-affidavit
Clarificatory hearings (sometimes)
Prosecutor’s resolution (dismissal or finding of probable cause)
If probable cause: filing in court and trial process

Criminal cases are evidence-heavy and can take time; ensure you preserve originals and metadata where possible.

10) Civil case for damages (often parallel)

A civil case may be considered when:

The harm is substantial (reputational ruin, medical expenses, severe distress)
The employer’s negligence or bad faith is provable
You want monetary compensation beyond internal discipline

Sometimes civil damages are pursued alongside labor and/or criminal proceedings depending on legal strategy.

11) Confidentiality, protection, and anti-retaliation

In harassment cases, best-practice and many workplace frameworks emphasize:

Need-to-know confidentiality in investigations
Protection against retaliation (disciplinary measures, threats, demotion, blacklisting, hostile assignments)
Interim measures to protect the complainant

Practical move: Put retaliation concerns in writing early (“I request protection from retaliation and interim measures pending investigation.”). Keep records of any adverse changes after reporting.

12) Remedies you can request (be specific)

In your complaint, you can ask for:

Immediate safety/protection measures
Formal investigation and written findings
Sanctions proportionate to the misconduct (up to termination in severe cases)
Reassignment of reporting line / no-contact order
Correction of retaliatory memos, NTEs, or evaluations
Restoration of schedule/role
Counseling support or referral
Training and policy reforms (especially when there’s a pattern)

13) A complaint template you can adapt

Subject: Formal Complaint – Workplace Harassment by [Name], [Position]

Complainant Information: Name, position, department, employment status, contact details.
Respondent Information: Name, position, department; relationship (direct supervisor, etc.).
Statement of Facts: Chronological narration with dates, places, platforms, direct quotes where possible.
Pattern and Impact: How often it occurred; how it affected your work, health, and dignity.
Evidence Attached: List attachments (screenshots, emails, documents, medical records).
Witnesses: Names and what each can attest to.
Prior Reports (if any): Who you told, when, what happened afterward.
Requested Interim Measures: No-contact, reporting line change, schedule adjustments, etc.
Requested Final Relief: Investigation, sanctions, correction of retaliation, remedies.

Signature and date

14) Common pitfalls (and how to avoid them)

Vague narratives: Use dates, exact words, concrete incidents.
No evidence preservation: Keep originals; don’t rely on “I can pull it up later.”
Only verbal reporting: Follow up with an email to create a paper trail.
Underestimating retaliation risk: Document changes immediately; request protective measures.
Signing broad waivers in “settlements”: Don’t sign anything that waives claims without understanding consequences.

15) Practical safety and career considerations

If you feel physically unsafe, prioritize safety planning: trusted contacts, security, safe commute, and immediate reporting.
If you need mental health support, seek professional care; it also helps document harm.
Consider parallel job-search planning if the workplace becomes unstable—without sacrificing your ability to document and assert rights.

16) When to consult a lawyer (highly recommended)

Get legal advice early if:

The manager is threatening termination or filing cases against you
There’s retaliation after you report
You’re considering resignation (constructive dismissal risk/strategy)
You want to file criminal charges or a damages case
Your employer is pressuring you into a settlement or waiver

17) Bottom line

In the Philippines, filing a complaint against an abusive manager is usually strongest when you:

Classify the conduct (sexual harassment/GBSH vs. non-sexual abuse vs. retaliation/discrimination),
Document relentlessly,
Use internal mechanisms (and demand interim protections), and
Escalate to labor/criminal/civil forums when the employer fails to act or the conduct is severe.

If you want, I can tailor a complaint draft to your situation (industry, private vs. government, what happened, what evidence you have) and suggest the most practical filing sequence.