Here’s a comprehensive, practice-oriented legal article on Workplace Sexual Harassment Complaint for Unwanted Touching (Philippine context)—what conduct is covered, the laws that apply, exactly how to file (private sector vs. government), evidence standards, timelines, interim safety measures, remedies (administrative, civil, criminal), employer duties, and common pitfalls. No web sources used.

1) What counts as workplace sexual harassment (unwanted touching)

Core definition (two classic forms)

Quid pro quo: any sexual favor (or tolerance of sexual conduct) made a condition for hiring, promotion, benefits, or keeping your job.
Hostile work environment: unwanted sexual conduct that interferes with work or creates an intimidating, offensive, or oppressive environment.

Unwanted touching—where it fits

“Unwanted touching” (e.g., groping, rubbing, caressing, a “hug” or “pat” that is sexualized, brushing against intimate areas, massaging) is sexual harassment when:

It is unwelcome (you did not freely consent; you showed discomfort or said no; or a reasonable person would see it as sexual and unwelcome), and
It occurs in the context of work (at the office, field sites, events, travel, remote/work-from-home meetings, ride shares arranged for work), and
It is carried out by a boss/manager/supervisor, co-worker, client/customer/supplier, or any person over whom the employer has control within the work context.

Same-sex harassment, harassment involving LGBTQIA+ persons, or harassment by third parties (clients, vendors) are all covered. Power imbalance is not required for “hostile environment” cases.

2) Legal bases at a glance

Anti-Sexual Harassment Act (RA 7877) Applies to work, education, and training environments. Prohibits sexual harassment in relation to the hiring/supervision/authority nexus or when the act creates a hostile environment. Provides criminal, administrative, and civil liabilities. Requires employers and heads of offices to prevent, deter, and punish sexual harassment and to establish procedures and a Committee on Decorum and Investigation (CODI) (or equivalent).
Safe Spaces Act (RA 11313) (workplace provisions) Expands protection against gender-based sexual harassment (including physical contact) in workplaces, both onsite and online. Imposes employer duties (policies, codes of conduct, an empowered mechanism for complaints, training, sanctions, anti-retaliation). Employers may be penalized for failing to act or for non-compliance with required mechanisms.
Labor Code / DOLE regulations (private sector) and Civil Service rules (government) Provide administrative due process, penalty ranges, preventive suspension, and OSHS/OSH-psychosocial safety obligations.
Revised Penal Code (RPC) The same conduct may also be charged as Acts of Lasciviousness or other offenses (e.g., Unjust Vexation, Slights against chastity) depending on evidence and prosecutorial theory. RA 7877 does not bar filing under the RPC; the remedies can be parallel.

3) Your options: administrative, criminal, and civil (you can do several at once)

Administrative (internal): File with your employer’s CODI/HR (private sector) or under CSC rules (government). Standard of proof: substantial evidence. Sanctions: written reprimand to dismissal; training; no-contact measures; demotion; disqualification; with collateral effects on benefits.
Criminal: File with the Prosecutor’s Office (or police for inquest if applicable) under RA 7877 and/or RPC. Standard: beyond reasonable doubt. Penalties: fine and/or imprisonment for RA 7877; RPC penalties for lasciviousness, etc. (Exact amounts/terms are statute-defined; courts have discretion. When in doubt, aim to charge under both RA 7877 and applicable RPC provisions.)
Civil: Separate suit for damages (actual, moral, exemplary) based on the wrongful act and employer’s negligence or breach of statutory duty.

These tracks are independent. A favorable administrative decision helps but is not automatically controlling in criminal court (and vice versa).

4) How to file: PRIVATE SECTOR (step-by-step)

A. Immediate safety measures (ask HR/CODI at once)

Interim no-contact order within the workplace (seating changes, scheduling changes, communication limits).
Preventive suspension of the respondent (if justified by the gravity of the act and risk of interference/retaliation).
Security and access controls (escorts, restricted floor access).
Work accommodation (temporary transfer at no loss of pay/benefits, remote work option).

B. Start the complaint

Write a sworn complaint addressed to the CODI/HR. Include:
- Who did what (specific touching, words, gestures), where, when, how often; witnesses; any prior complaints.
- Immediate effects (shock, fear, difficulty working).
- Attach evidence (see Section 7).
File with CODI/HR (keep proof of filing). CODI acknowledges receipt and issues notice to the respondent.

C. Investigation & hearing

Due process: Respondent must receive a notice of charges and time to answer (typically 5–10 days), followed by a clarificatory conference/hearing.
CODI composition: balanced gender representation; trained; not subordinate to the alleged harasser; avoids conflicts of interest.
Timeline: Internal policies often target 30–60 days to decide (reasonable period). Ask for status updates in writing.

D. Decision & remedies

Sanctions: written warning, suspension, dismissal for cause (gross misconduct), mandatory counseling, no-contact directives, reassignment of the offender.
Employer duties: Confidentiality, non-retaliation, and record-keeping. Retaliation (demotion, pay cuts, bad shifts) is a separate violation—report it immediately.

If your employer has no CODI, no policy, or refuses to act, you may: (i) file a DOLE complaint (labor standards compliance, anti-sexual harassment duties); and/or (ii) pursue criminal and civil cases directly; and (iii) seek temporary protective measures within the workplace with DOLE guidance.

5) How to file: GOVERNMENT / PUBLIC SECTOR

A. Where to file

Head of Office/Agency or the designated Committee on Decorum and Investigation under Civil Service Commission (CSC) rules. Many agencies have specific Administrative Disciplinary Units.

B. Process (high level)

Sworn complaint (narrative + evidence) → docketed.
Answer by respondent → pre-hearing / clarificatory conference.
Evaluation/hearing under CSC rules → Decision by the disciplining authority.
Penalties: range from suspension to dismissal (often treated as a grave offense), with accessory penalties (forfeiture of eligibility, disqualification from re-employment), plus separate criminal liability if warranted.
Appeal: to the CSC and, ultimately, the Court of Appeals via Rule 43.

C. Interim protection

Preventive suspension (up to prescribed days) when respondent’s presence may prejudice the case or influence witnesses.
Safety accommodations and no-contact instructions within the office.

6) Criminal complaint (RA 7877 / RPC) — how to do it

Prepare a Sworn Complaint-Affidavit describing the acts (unwanted touching), your lack of consent, context (work), and effects. Attach evidence.
File with the Office of the City/Provincial Prosecutor (or police Women & Children Protection Desk for referral).
Preliminary Investigation: Respondent files counter-affidavit; you may reply.
If probable cause is found → Information filed in court → trial.
You may simultaneously maintain your administrative complaint at work.

Penalties: RA 7877 authorizes fine and/or imprisonment (short-term), separate from employer sanctions; RPC offenses carry their own imprisonment ranges. Courts may also award civil damages.

Prescription: Criminal actions must be filed within the statutory period. File as early as possible; ask the prosecutor about prescription timelines if the incident is old.

7) Evidence that persuades (especially for unwanted touching)

Your detailed narrative (dates, times, locations, exact physical contact, words said, immediate reaction).
Witnesses (co-workers who saw/overheard or to whom you immediately confided).
CCTV footage, access logs, meeting calendars, ride-hailing receipts, event registration lists.
Messages/emails/chats before or after the incident (invites, apologies, admissions, threats, grooming).
Prior similar acts by the respondent (pattern evidence, if policy or rules allow).
Medical or psychological notes (if you sought treatment; even a clinic visit showing anxiety/sleep disturbance helps).
Incident reports filed promptly (barangay blotter, company incident form).
HR paperwork showing retaliation (shift changes, appraisals, memos shortly after your complaint).

Standards of proof

Administrative: Substantial evidence (more than a mere scintilla; relevant evidence a reasonable mind might accept).
Criminal: Beyond reasonable doubt.
Civil: Preponderance of evidence (more likely than not).

8) Your rights during the process

To be heard with assistance of counsel or support person.
Confidentiality: identity and details must be kept confidential; proceedings in camera where appropriate.
Non-retaliation: any adverse action because you complained or testified is forbidden.
Reasonable accommodations: schedule changes, location changes, paid leave as policy allows, EAP/referrals.
Copy of the policy and clear information about timelines and appeals.

9) Employer duties (private & public)

Have a written anti-sexual harassment policy (clear definitions, scope, sanctions, complaint routes, timelines, anti-retaliation).
Maintain a trained, impartial CODI (or equivalent) with gender balance and decision authority.
Conduct regular training and post visible notices.
Provide safe, prompt, and confidential complaint handling; impose proportionate sanctions; keep records.
For third-party harassers (clients, vendors), control the work environment: remove the harasser, reassign accounts, or stop engagements when needed.

Failure to implement mechanisms or to act with due diligence can expose the employer to administrative fines, civil damages, and other liability.

10) Remedies & sanctions (what outcomes look like)

Against the offender: reprimand, suspension, dismissal, mandatory counseling, no-contact order, removal from supervisory roles; criminal conviction (fine/imprisonment) where charged; civil damages.
For you: safety accommodations, paid leave per company/agency policy, restored benefits, transfer without loss of rank/pay (only if you request), damages (civil/criminal), clearance letters for future employment if separation becomes necessary.
Against the employer (if negligent/non-compliant): administrative penalties and potential solidary/civil liability for damages.

11) Special/edge situations

Small workplaces/no HR: address the head of office/owner in writing; if unavailable or conflicted, escalate to DOLE (private) or CSC (public).
Remote work/after-hours events: still “work-related” if organized, paid for, or reasonably incidental to work.
Multiple victims: joint or separate complaints are possible; patterns can be decisive.
NDAs: settlements must not bar you from reporting crimes or cooperating with lawful investigations.
Mental health: seek evaluation/support; medical documentation strengthens both damages and accommodations.

12) Common pitfalls (and how to avoid them)

Silence due to fear of retaliation → Document immediately, tell at least one trusted co-worker, and file promptly. Retaliation is a separate offense—report it at once.
Vague complaints → Be specific: “On 18 Sept at 3:10 PM inside Conference Room B, he put his hand on my waist and slid it to my buttocks despite me stepping away and saying ‘Please don’t touch me.’”
No evidence preserved → Ask facilities for CCTV quickly; many systems overwrite in 7–30 days. Save chats, emails, calendar invites.
Wrong forum only → Use both internal (admin) and criminal routes where appropriate; don’t rely on HR alone for serious touching.
Victim blaming/mediation → Sexual harassment complaints are not for mediation or compromise unless you want settlement advice; the employer must still investigate and protect you.

13) Filing kit (templates you can adapt)

A. Internal complaint (to CODI/HR)

Heading with your name/position/department.
Statement of facts: who/what/when/where/how, reaction (“I moved away and said no”), impact on work.
Reliefs requested: preventive suspension/no-contact, workstation move (if you want), continued pay/benefits, disciplinary action.
Attachments list (CCTV request, messages, witness names).
Sworn verification (jurat).

B. Prosecutor complaint-affidavit (criminal)

Parties; workplace context; exact acts of unwanted touching; lack of consent; any power or authority exercised.
Applicable laws: RA 7877 and RPC (as advised by counsel).
Annexes: chats, CCTV, medical/psych notes, internal complaint and notices, witness affidavits.
Prayer: filing of Information and protective conditions (no contact).

Bottom line

Unwanted touching at work is sexual harassment. You can—and should—pursue internal administrative action (fast protective measures) and, where warranted, criminal charges and civil damages.
Use a detailed, evidence-rich complaint, ask for interim protection (no-contact, preventive suspension), and preserve CCTV and messages immediately.
Employers are legally obliged to investigate, protect, and sanction; failure to do so creates liability.
You control the route: internal, criminal, and civil tracks can run in parallel to secure safety, accountability, and redress.

If you share (1) who the harasser is (boss, peer, client), (2) exactly what happened and when, and (3) what you want right now (no-contact, reassignment, discipline, prosecution), I can draft a tailored complaint and a CCTV/evidence preservation notice you can submit today.