Workplace Threats and Verbal Harassment Laws in the Philippines

A practical, Philippine-context legal guide for employers, workers, and HR leaders

1) Big picture

Philippine law protects employees from threats and verbal harassment through a layered framework: criminal statutes (Revised Penal Code and special laws), labor and administrative rules (Labor Code, DOLE regulations, Civil Service rules), civil liability (damages under the Civil Code), and anti–sexual harassment/anti–gender-based harassment statutes that impose employer duties (policies, training, investigations, safe workplace). Government workers are covered by parallel (often stricter) rules from the Civil Service Commission (CSC).

2) What counts as “workplace threats” and “verbal harassment”?

Threats: Words or conduct that convey an intention to inflict harm, injury, or an unlawful act against a person, their honor, or property. In criminal law, this spans grave threats and light threats (conditional or unconditional, credible, and meant to intimidate).
Verbal harassment: Unwelcome words or expressions that humiliate, degrade, or intimidate. This includes:
- Sexual and gender-based remarks (e.g., lewd comments, advances, homophobic/transphobic slurs).
- Non-sexual verbal abuse (e.g., insults, threats, repeated humiliation).
- Defamatory statements (oral defamation/slander).
- “Unjust vexation” and similar petty but punishing behaviors that deliberately annoy or humiliate.
Harassment may occur in person or through ICT (calls, chats, emails, group messaging apps, social media, virtual meetings).

3) Core legal sources (private sector & general)

A. Criminal liability (Revised Penal Code and special laws)

Grave threats / light threats (RPC): Criminalizes threatening another with a wrongful act, whether conditional (e.g., “If you report me, I’ll…”) or unconditional. Penalties scale based on the nature of the threatened harm and whether a condition is imposed.
Oral defamation (slander) and slander by deed (RPC): Insulting or attacking a person’s honor by word (oral defamation) or act (by deed). Serious vs. slight depends on the gravity, context, rank, and public exposure.
Unjust vexation / other similar coercions (RPC): Penalizes deliberate annoyances/harassment that have no lawful purpose but disturb, shame, or irritate another.
Anti-Sexual Harassment Act (RA 7877) and Safe Spaces Act (RA 11313):
- RA 7877 penalizes sexual harassment within work, education, or training environments by persons with authority, influence, or moral ascendancy (e.g., supervisors).
- RA 11313 (Safe Spaces Act) expands protection: gender-based sexual harassment (GBSH) can be committed by anyone (peer-to-peer, subordinates, customers, third parties) in the workplace and in online spaces. It covers sexist, misogynistic, homophobic/transphobic remarks; persistent unwanted comments; leering; requests for sexual favors; threats with sexual undertones; stalking; and online harassment. Employers face administrative sanctions for non-compliance with mandated workplace measures (see §5).
Anti-Photo and Video Voyeurism (RA 9995): Penalizes capturing/distributing intimate images without consent, including workplace contexts and chat groups.
Anti–Violence Against Women and Their Children (RA 9262): Protects women (and their children) against psychological, electronic, and economic abuse by intimate partners; abuse can spill into workplaces (e.g., stalking, threats at work), enabling protection orders that bind employers to help enforce safety measures.
Data Privacy Act (RA 10173): Governs the lawful processing of personal and sensitive data during investigations (complainant/respondent privacy, chat logs, CCTV, HR files).

Criminal cases are filed with the City/Provincial Prosecutor. Some acts are “light offenses” with short prescriptive periods (time limits to file); serious threats/defamation carry longer periods. Quick action preserves evidence and legal options.

B. Civil liability (Civil Code)

Articles 19, 20, 21 (“abuse of rights” and acts contrary to morals, good customs, or public policy): Basis for damages (moral, exemplary, nominal, temperate) against harassers—and in some cases employers—for wrongful acts even if no criminal case proceeds.
Articles 26, 32, 33, 2176, 2180: Privacy and dignity; independent civil actions for defamation/physical injuries; quasi-delict and vicarious liability (employers may be liable for acts of employees in the discharge of their duties or if they failed to exercise the diligence of a good father of a family in supervision/selection).

C. Labor & administrative (private sector)

Labor Code & DOLE regulations require safe workplaces and due process:
- Employer duty to maintain a workplace free from hazards, which now includes psychosocial hazards (bullying, harassment, threats).
- Due process in discipline (notice–hearing–decision) for employees accused of misconduct.
- SEnA (Single-Entry Approach) provides pre-litigation mediation for labor disputes.
Occupational Safety and Health Law (RA 11058) and DOLE DO 198-18 (OSH Rules): Mandate OSH programs, hazard identification and control, worker orientation, and recordkeeping. Employers should classify threats/harassment as reportable incidents under psychosocial hazards with corresponding controls.
Mental Health Act (RA 11036) & DOLE guidelines (e.g., DOLE Department Order No. 208-20): Require workplaces to adopt mental health policies and programs, including confidential counseling, referral, and crisis procedures.
Safe Spaces Act (RA 11313) IRR for workplaces (with DOLE/PCW/CSC/CHED/DepEd): Requires policies, Committee on Decorum and Investigation (CODI), training, and clear procedures that cover peer-to-peer and third-party harassment—not only supervisor-subordinate cases.

D. Government sector (public servants)

Civil Service Commission (CSC) rules (e.g., CSC Resolution Nos. 01-0940; 11-0101; updates aligned with RA 11313):
- Mandatory anti-sexual harassment policies, CODI, investigation timelines, and administrative penalties (reprimand, suspension, dismissal).
- Government offices must adopt Safe Spaces Act–compliant measures (including for online and off-site official activities).

4) When do threats and verbal harassment become crimes?

A credible threat, even without physical contact, can be criminal (grave or light threats).
Verbal abuse becomes criminal if it defames a person (serious/slight oral defamation), sexually harasses, or unjustly vexes.
Online forms (chat, email, social media, group channels) are actionable, with electronic evidence admissible if properly authenticated (Rules on Electronic Evidence).
If harassment is because of sex, SOGIE, or gender, it likely falls under RA 11313 (and sometimes RA 7877 if the harasser has ascendancy).
If by an intimate partner, consider RA 9262 even when abuse occurs at work.

5) Employer obligations (private sector) — minimum compliance checklist

Written policy against workplace harassment, threats, bullying, defamation, and gender-based sexual harassment (GBSH), covering on-site, off-site, and online contexts; applicable to employees, interns, contractors, vendors, and clients.
Committee on Decorum and Investigation (CODI):
- Balanced composition (sex/gender representation), trained, with conflict-of-interest rules.
- Clear procedures: intake, interim protective measures, fact-finding, hearings, decision, appeal.
Reporting channels: confidential, accessible (email hotline, phone/SMS, anonymous tipline with safe triage), available to night-shift/remote workers.
Non-retaliation clause with discipline for malicious/fraudulent complaints only after due process.
Immediate protective measures: schedule changes, work-from-home accommodations, no-contact directives, security escorts, device and account safety checks.
Training: onboarding + annual refreshers for all; specialized training for supervisors, CODI, security/IT, and HR.
Evidence handling & privacy: preserve CCTV, access logs, emails/chats, badge data; PDPA-compliant data minimization/retention; role-based access.
Third-party coverage: apply policy to visitors, clients, suppliers; include contractual clauses enabling removal/banning of offending third parties.
Mental health support: EAP or referral network; crisis protocols for immediate danger.
Disciplinary matrix aligned with law**:** written warning → suspension → dismissal, considering gravity, frequency, power dynamics, and impact.
Recordkeeping & reporting: log incidents (date, parties, facts, action taken), analyze trends, and report to management/OSH committee.

Non-compliance with Safe Spaces Act/OSH/Mental Health guidelines can trigger administrative penalties and aggravate civil liability after an incident.

6) Employee rights and practical steps

If you’re threatened or harassed:
1. Document immediately: save chats/emails/voicemails, take screenshots (with timestamps/URLs), list witnesses, secure CCTV copies.
2. Report via the employer’s channel or CODI; request interim measures (no-contact order, schedule change).
3. Seek medical/psych evaluation**:** keeps a contemporaneous record of harm for damages claims.
4. Consider criminal options: blotter with police for immediate threats; file a complaint with the Prosecutor’s Office (include digital evidence).
5. Civil claims: consult counsel on damages under the Civil Code (abuse of rights, defamation, moral/exemplary damages).
6. Labor remedies: if the employer fails to act, or retaliation occurs (e.g., demotion/harassing transfers), consider SEnA mediation and NLRC actions (e.g., constructive dismissal, money claims, damages).
7. For intimate-partner abuse at work: ask counsel about protection orders under RA 9262; employers may help enforce no-contact and safety measures.

7) Investigation fundamentals (for CODI/HR)

Intake: neutral framing; explain process, timelines, confidentiality limits, anti-retaliation.
Risk triage: assess imminent danger; coordinate with security/IT.
Notices: written notices to respondent(s) stating specific allegations; afford reasonable time to respond.
Evidence: authenticate electronic evidence (source device/account, metadata hashes if available), obtain IT custodian certifications, preserve CCTV (pull before auto-overwrite).
Witnesses: take signed statements; consider special accommodations for vulnerable complainants.
Fair hearing: allow representation; avoid direct confrontation when harmful; use separate rooms/virtual breakout if needed.
Findings: preponderance of evidence for internal administrative decisions; articulate facts, rules applied, credibility assessments.
Sanctions & remedies: proportionate discipline; training, apology, no-contact, reassignment; report outcome in writing to parties.
Privacy: disclose on a need-to-know basis; redact personal data; store files securely with retention schedules.
Follow-through: monitor retaliation; re-survey climate; update training/policy.

8) Special topics & edge cases

Client/customer harassment: Employers must protect employees from abusive clients; policies should empower staff to disengage and trigger manager take-over or removal of the client from premises/services.
Remote/telework: Company chats, video meetings, and home visits by colleagues/vendors are covered; harassment in private group chats used for work can still be workplace harassment.
Gig/contractors/interns: Include them in policies and CODI coverage; define reporting lines and access to remedies.
Speech vs. discipline: The workplace may regulate harassing/abusive speech consistent with law and contract; disciplinary action should be content-neutral in the sense of targeting conduct/impact, not protected characteristics or lawful union activity.
Union and protected concerted activity: Distinguish legitimate, protected speech in labor disputes from abusive conduct (threats, defamation, sexual harassment remain sanctionable).
Whistleblowing: Retaliation for good-faith reporting (internally or to DOLE/authorities) exposes employers to additional liability.
Local ordinances: Many LGUs adopt anti-discrimination/anti-GBSH ordinances that add duties/penalties; check the city/municipality where the business operates.
Prescription (time limits):
- Criminal: serious felonies generally longer; light offenses (e.g., slight oral defamation, some threats, unjust vexation) prescribe quickly (short months).
- Civil: abuse-of-rights/defamation damages typically 4 years (or other periods depending on cause).
- Labor: money claims 3 years; illegal dismissal 4 years (now treated as a quasi-delict in recent jurisprudence).
- Always compute from the act/violation or discovery, as applicable.

9) Sample internal policy structure (one page)

Purpose & scope (all personnel, applicants, interns, contractors, clients/vendors; on/off-site; online).
Definitions (threats; verbal harassment; GBSH; bullying; retaliation).
Prohibited acts (with examples).
Rights & responsibilities (employees, supervisors, bystanders).
Reporting channels (named mailbox/hotline; anonymity options; emergency protocol).
Interim protective measures.
Investigation process & timelines (CODI; due process).
Sanctions (matrix; aggravating/mitigating factors).
Confidentiality & data privacy (PDPA compliance).
Training & awareness (onboarding + annual).
Records & review (trend analysis; policy review every 12–24 months).

(Appendices: templates for complaint intake, notice to explain, investigation report, and decision.)

10) Frequently asked questions

Q: My supervisor said, “If you don’t go out with me, I’ll make your life hard.” Crime? Likely GBSH (RA 11313) and grave/light threats; if the supervisor uses authority to demand sexual favors, RA 7877 also applies.

Q: A co-worker keeps calling me homophobic slurs on chat. It’s GBSH (RA 11313), possibly oral defamation and/or unjust vexation. Report to CODI/HR; preserve chat logs.

Q: The abuser is a client. Can HR act? Yes. Employers must protect you from third-party harassment; they can bar the client and restructure duties.

Q: Can I be fired for complaining? Policies must include anti-retaliation. Retaliation can create additional criminal/civil and labor liability (e.g., constructive dismissal).

Q: What evidence is “enough”? Contemporaneous screenshots, emails, call logs/voicemails, CCTV, access logs, and witness statements. For internal discipline, preponderance of evidence suffices; criminal cases require proof beyond reasonable doubt.

11) Action checklists

For employers/HR

Publish policy; orient all staff; display reporting channels.
Constitute/train CODI; map conflict-of-interest rules.
Integrate with OSH and mental health programs; track psychosocial incidents.
Set no-contact and escalation protocols (including after-hours).
Build privacy-by-design workflows (least privilege; retention limits).
Include vendor/client clauses enabling removal of offenders.
Audit annually; run climate surveys; course-correct.

For employees

Capture evidence early; keep a secure copy.
Report promptly; ask for interim measures.
Seek medical/psych support as needed.
Consider criminal/civil/labor routes with counsel.
Track retaliation.

12) Key takeaways

Threats and verbal harassment in Philippine workplaces can trigger criminal, civil, and administrative consequences.
Employers carry affirmative duties: written policies, CODI, training, and protective measures—including for peer-to-peer and third-party cases.
Employees are protected by multiple statutes (RA 11313, 7877, 11058, 11036, RPC, PDPA)—with practical remedies even when conduct occurs online or off-site.
Speed, documentation, and due process are decisive—both to protect people and to manage legal risk.

Disclaimer

This article provides a general legal overview in the Philippine context and is not legal advice. For specific cases (especially where prescription may be running), consult Philippine counsel to assess facts, evidence, and the most effective remedy mix.