Below is a comprehensive overview of filing a workplace harassment complaint for verbal abuse in the Philippines. This article covers the key legal bases, procedures, and practical steps involved. Please note: The information provided is for general educational purposes and does not constitute legal advice. If you need specific guidance, consult a qualified lawyer or appropriate Philippine government agency.

1. Introduction

In the Philippines, employees are entitled to a work environment free from harassment and abuse. While the most commonly discussed forms of workplace harassment often revolve around sexual harassment or discrimination, verbal abuse can be just as harmful. Whether such abuse comes from a supervisor, colleague, or client, Philippine law provides avenues for victims to file complaints and seek remedies.

2. Relevant Laws and Regulations

2.1 Labor Code of the Philippines

The Labor Code (Presidential Decree No. 442, as amended) generally governs employer-employee relations. Although it does not explicitly define “verbal abuse” or “harassment,” it grants the Department of Labor and Employment (DOLE) and the National Labor Relations Commission (NLRC) authority to handle labor disputes.

2.2 Anti-Sexual Harassment Act of 1995 (R.A. 7877)

This law addresses sexual harassment in workplaces and educational institutions. While it may not directly cover non-sexual verbal abuse, it introduced procedures and structures (such as creating a Committee on Decorum and Investigation in the workplace) that can also be helpful in addressing other forms of abuse. If the verbal abuse contains sexual, sexist, or gender-based elements, it may fall under R.A. 7877’s coverage.

2.3 Safe Spaces Act (R.A. 11313)

Enacted in 2019, the Safe Spaces Act (also called the “Bawal Bastos” law) expanded protections against harassment in both public and online spaces. It covers gender-based harassment, including verbal abuse and slurs. In a workplace context, any gender-based remark or verbal harassment can be reported under this law. Employers are mandated to create policies to prevent such acts and to establish internal procedures for dealing with complaints.

2.4 Civil Code Provisions (Damages)

Under the Civil Code of the Philippines, an individual who suffers from insult, harassment, or verbal abuse may potentially claim moral damages, provided they can prove that they have suffered emotional or psychological harm. These provisions may come into play if you choose to file a civil action against the harasser or the employer (if the employer is deemed negligent in preventing the abuse).

2.5 Revised Penal Code (Oral Defamation or Slander)

Depending on the circumstances, repeated insults or derogatory statements may constitute oral defamation (slander) under the Revised Penal Code. If the statements were publicly uttered and seriously shame or discredit the victim, you may consider filing a criminal complaint. However, not all rude or insulting words automatically amount to a criminal case; the context and gravity of the verbal abuse are crucial in determining whether it rises to the level of oral defamation.

3. Defining Verbal Abuse in the Workplace

Verbal abuse in a workplace setting can take many forms:

Insults and Name-Calling: Using derogatory or demeaning words repeatedly against a person.
Threats and Intimidation: Making threatening statements that instill fear or force compliance.
Offensive or Discriminatory Remarks: Hurling remarks relating to a person’s race, religion, gender, or other protected characteristic.
Harsh and Undue Criticism: Consistent and unwarranted criticism that goes beyond normal supervisory feedback, aimed at belittling rather than correcting.

Employers have a duty to maintain a safe and respectful workplace. When verbal abuse occurs, it may be grounds for filing an administrative, civil, or criminal complaint, depending on the severity and specifics of the behavior.

4. Internal Company Policies and Procedures

Before resorting to legal action, employees are generally advised to exhaust internal remedies provided by their employer. Many companies have a Code of Conduct or an Employee Handbook that outlines prohibited behavior and the process for lodging complaints. Key steps typically include:

Documentation: Keep detailed notes or recordings of the incident(s). Include the date, time, place, witnesses, and exact statements made.
Report to Immediate Supervisor or HR: If you feel safe doing so, report the incident to a person in authority or to the Human Resources Department.
Follow Internal Procedures: This may involve a written complaint, an internal investigation, and a hearing or mediation. Make sure you follow the timelines and requirements stated in your company’s policy.
Committee on Decorum and Investigation (CODI): For issues that may fall under R.A. 7877 (sexual harassment or gender-based harassment), a CODI within your company should handle the complaint. Even if the abuse is not strictly sexual, CODI members may guide you on the best internal processes.

If the matter is not resolved internally—whether because the employer fails to act or the outcome is unsatisfactory—you have the right to seek external remedies.

5. Filing a Complaint with Government Agencies

5.1 Department of Labor and Employment (DOLE)

If the verbal abuse or harassment involves an employer’s violation of labor standards (e.g., failing to ensure a safe working environment), you can file a complaint with the DOLE. While DOLE primarily handles issues like unpaid wages or illegal termination, it may also address claims of workplace harassment under certain conditions.

5.2 National Labor Relations Commission (NLRC)

The NLRC is a quasi-judicial body that resolves labor disputes. If your verbal abuse complaint results in constructive dismissal (where you are forced to resign because of the hostile work environment) or any penalty imposed on you for complaining, you may file an illegal dismissal case or other labor cases with the NLRC.

5.3 Commission on Human Rights (CHR)

If the verbal abuse is discrimination-based—for instance, comments directed at your race, gender, religion, or disability—you can also seek help from the CHR, which handles cases involving human rights violations.

5.4 Civil Service Commission (CSC)

For government employees, the CSC has jurisdiction over administrative complaints. If you work in the public sector and are facing verbal abuse from a co-worker or superior, you can file an administrative case with the CSC.

6. Civil and Criminal Actions

6.1 Civil Case for Damages

Beyond administrative or labor complaints, you may file a civil case under Articles 19, 20, and 21 of the Civil Code for abuse of rights or to claim moral damages. You will need to prove:

The specific act of verbal abuse,
The resulting harm or damage you suffered (emotional distress, psychological harm),
Causation between the abuser’s acts and your harm.

6.2 Criminal Case for Oral Defamation (Slander)

If the verbal abuse is sufficiently serious to be considered oral defamation under the Revised Penal Code, you can file a criminal complaint with the Office of the City or Provincial Prosecutor. The prosecutor will determine whether there is probable cause to file charges. For a conviction, you must show that the statements were uttered publicly or intended to be heard by others, and that they were gravely insulting or defamatory in nature.

7. Evidence Gathering

A strong case, whether administrative, civil, or criminal, typically includes:

Documented Incidents: Journals, emails, text messages, or chat logs detailing the abusive language.
Witness Statements: Statements from co-workers or third parties who witnessed the verbal abuse.
Physical Evidence: If the abuse was in a recorded meeting or if there is CCTV footage (in certain cases).
Psychological or Medical Reports: If you sought therapy, counseling, or medical attention due to emotional distress or related health issues.

Maintaining clear and consistent documentation is essential. If possible, preserve and secure original records—any editing or alteration might undermine their credibility.

8. Potential Outcomes and Remedies

Depending on the nature of the complaint and the forum you choose, the outcomes may include:

Employer or Harasser Sanctions: Written reprimand, suspension, dismissal, or other disciplinary actions under company policy or administrative rules.
Monetary Awards: In labor cases, you could be awarded back wages (in cases of constructive or illegal dismissal). In civil cases, you may be awarded moral, exemplary, or nominal damages.
Protective Orders: Under the Safe Spaces Act, there may be orders preventing further contact or harassment.
Restitution or Compromise Agreement: The employer or the harasser may settle with you to avoid further litigation.
Criminal Penalties: If convicted of oral defamation or other applicable offenses, the harasser could face imprisonment or fines, depending on the severity of the case.

9. Practical Tips and Considerations

Consult a Lawyer Early: If the abuse is serious or persistent, getting legal advice at the outset can help you understand your options and strengthen your case.
Follow Internal Protocol First: Most companies and government agencies require employees to first try internal dispute resolution mechanisms.
Preserve Confidentiality: If filing an internal complaint, be mindful of your company’s confidentiality policies. Ensure that you share evidence with authorized individuals only.
Keep Emotions in Check: While verbal abuse is hurtful and may elicit strong emotions, try to document incidents calmly and accurately.
Seek Support: Harassment cases can be emotionally taxing. Consider talking to a trusted friend, counselor, or support group.

10. Conclusion

Filing a workplace harassment complaint for verbal abuse in the Philippines involves a multi-step approach: understanding the relevant laws, utilizing internal company mechanisms, and—if necessary—seeking recourse from government agencies or the courts. The country’s legal framework, including the Labor Code, the Safe Spaces Act, and the Revised Penal Code, offers various remedies that can deter, penalize, or rectify instances of verbal abuse.

Ultimately, the key to a successful complaint often lies in thorough documentation, timely action, and proper legal guidance. Should you find yourself subjected to verbal abuse at work, remember that you have rights and remedies at your disposal, and you need not tolerate a hostile or demeaning workplace environment.

Disclaimer: This article provides a general overview and is not a substitute for professional legal advice. Laws and regulations may change, and the application of these laws can vary depending on the specific facts of each case. For accurate guidance, consult an attorney or the appropriate Philippine government agency.