Dear Attorney,

I hope this letter finds you well. I am seeking your expert legal advice regarding an ongoing issue at my place of work. I am employed by a government entity, specifically a government-owned and controlled corporation (GOCC), and have experienced constant verbal reprimands and public humiliation from my superior. This has become a regular occurrence in front of my colleagues, and I believe it is causing undue harm to my dignity and well-being in the workplace.

As a government employee, I am concerned about what legal remedies or cases I can file against my superior for this kind of behavior. I understand that my employer, being a government entity, may have special rules and procedures in place, and I would like to know the best course of action. What case can I potentially file against my superior to protect my rights as a government employee?

I appreciate any guidance you can offer on this matter.

Sincerely,
A Concerned Government Employee

Understanding Workplace Harassment and Remedies Under Philippine Law: A Comprehensive Guide for Government Employees

The workplace, as defined by law, should be a conducive environment for productivity, free from any form of abuse, intimidation, or discrimination. Unfortunately, issues like workplace harassment, verbal abuse, and public humiliation can sometimes plague government institutions, including government-owned and controlled corporations (GOCCs) such as the National Power Corporation (NAPOCOR).

If an employee experiences constant reprimands and public humiliation from a superior, it may constitute workplace harassment, which is a violation of various labor laws and regulations, even in a government setting. This article explores the legal remedies available under Philippine law to government employees who face such treatment, as well as the options for addressing workplace grievances.

1. Legal Framework Governing Workplace Harassment

The Philippines has robust laws that protect employees, whether in the private or public sector, from any form of abuse or harassment. While the Labor Code primarily governs employment in the private sector, public sector employees, including those working in GOCCs, are afforded similar protections under special laws. Some of the key legal provisions relevant to workplace harassment include:

The Civil Service Law (Presidential Decree No. 807)
The Civil Service Law applies to all employees in government service, including those working in GOCCs. This law mandates that all government officials and employees must uphold the highest standards of professionalism, integrity, and fairness in their conduct. Any form of abuse or harassment may be classified as misconduct or even grave misconduct under this law.
Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877)
Although RA 7877 specifically addresses sexual harassment, it has paved the way for subsequent laws and policies aimed at curbing other forms of workplace harassment. The Civil Service Commission (CSC) has adopted similar principles in its rules, recognizing other forms of harassment that go beyond the sexual context.
Code of Conduct and Ethical Standards for Public Officials and Employees (Republic Act No. 6713)
RA 6713 promotes a high standard of ethics in public service, outlining expected behavior from government employees and officials. Any action that constitutes "conduct unbecoming" a public servant, including harassment, verbal abuse, or public shaming, may be punishable under this law.
Administrative Disciplinary Rules on Sexual Harassment Cases (CSC Resolution No. 01-0940)
These rules issued by the CSC apply not only to sexual harassment but also to any form of harassment in the workplace. Public officials, including those in GOCCs, can be held administratively liable for creating a hostile or oppressive work environment, even if the harassment does not involve sexual advances.

2. Forms of Workplace Harassment

Harassment in the workplace may take different forms, and understanding the nature of the offense is crucial in determining the appropriate legal remedies. Based on the details provided, the harassment experienced appears to be verbal abuse and public humiliation, both of which fall under the broader category of "non-sexual harassment."

Verbal Harassment
Verbal harassment includes instances where a superior consistently criticizes, reprimands, or insults an employee in an unprofessional or abusive manner. If such reprimands are done publicly and in a manner that degrades the employee’s dignity, this could be classified as verbal harassment. This behavior can lead to administrative sanctions against the offending superior.
Public Shaming
Public humiliation or shaming occurs when an individual is deliberately embarrassed or criticized in front of others. When done in the workplace, it can create a hostile environment, leading to emotional distress and mental anguish for the employee.

3. Filing an Administrative Complaint

One of the most effective ways to address harassment in the public sector is through an administrative complaint. Government employees can file such complaints either with the Civil Service Commission (CSC) or the internal disciplinary committee of the government agency or GOCC in question.

Filing with the Civil Service Commission (CSC)
Under the Civil Service Law, employees who experience harassment, abuse, or other forms of workplace misconduct can file a complaint directly with the CSC. The CSC has jurisdiction over cases involving government employees and officials, and they can impose disciplinary measures ranging from suspension to dismissal.
Internal Disciplinary Committee
Many GOCCs, including NAPOCOR, have internal grievance mechanisms through which employees can raise concerns about workplace issues, including harassment. These internal committees are tasked with investigating complaints and imposing administrative sanctions if necessary.

Steps for Filing an Administrative Complaint:

Document the Incidents
It is crucial for the aggrieved employee to keep a detailed record of the incidents, including dates, times, the nature of the abuse or harassment, and any witnesses present. Documentation provides a strong foundation for the complaint.
Submit a Formal Complaint
The employee must file a formal complaint with the appropriate body, be it the CSC or the internal disciplinary committee. The complaint should include a statement of facts, supporting evidence, and the specific relief being sought.
Proceedings and Investigation
Once the complaint is filed, the investigating body will conduct a formal inquiry. This may include calling witnesses, reviewing documentation, and allowing both the complainant and the respondent (the accused superior) to present their sides.
Resolution and Sanctions
If the superior is found guilty of harassment or misconduct, administrative sanctions such as suspension, demotion, or dismissal from service may be imposed, depending on the severity of the offense.

4. Civil and Criminal Liabilities

Aside from administrative remedies, the employee may also consider filing civil or criminal cases, depending on the circumstances.

Civil Case for Damages
Under Article 19 of the Civil Code of the Philippines, every person must act with justice, give everyone his due, and observe honesty and good faith in the exercise of their rights. If a superior’s actions result in damage to an employee's reputation or emotional well-being, the employee may file a civil case for damages. The employee may claim moral damages for the humiliation and mental suffering caused by the superior’s conduct.
Criminal Case for Unjust Vexation or Slander
If the harassment involves offensive remarks or public humiliation, the superior may be criminally liable for unjust vexation under the Revised Penal Code (Article 287). Unjust vexation penalizes acts that irritate, annoy, or humiliate another person. Furthermore, if the abusive remarks are defamatory, the superior could be charged with slander (oral defamation) under Articles 353-354 of the Revised Penal Code.

5. Emotional and Mental Health Considerations

Harassment in the workplace can have severe emotional and mental health impacts. Employees suffering from workplace abuse should seek appropriate support, both legally and personally. They may consider seeking guidance from a mental health professional or exploring stress relief strategies while pursuing legal action. Moreover, government institutions are encouraged to establish wellness programs to promote mental health and prevent hostile work environments.

6. Preventive and Corrective Measures by Government Agencies

Government agencies, including GOCCs like NAPOCOR, are required to implement policies and preventive measures to safeguard employees from harassment and other forms of abuse. The Civil Service Commission Memorandum Circular No. 01, s. 2001 mandates the creation of grievance committees in government offices to address complaints efficiently.

Conclusion

The legal remedies available to government employees who experience workplace harassment are multi-faceted, offering administrative, civil, and criminal options. An employee subjected to constant reprimands and public humiliation from a superior can file an administrative complaint with the Civil Service Commission or the internal disciplinary committee of the GOCC. They may also explore civil and criminal cases, depending on the severity and nature of the harassment.

In all cases, the key to a successful claim is the proper documentation of the incidents and the timely filing of complaints. A thorough understanding of the legal framework and available options empowers government employees to seek justice and maintain the dignity of their workplace.

This comprehensive guide aims to equip government employees with the knowledge needed to protect their rights and well-being in the workplace.