Dear Attorney,

I hope this letter finds you well. I am reaching out to seek your guidance regarding a troubling situation I am experiencing. My boyfriend, with whom I am currently in a relationship, has been causing disruptions at my workplace by contacting me repeatedly and creating a scene. This behavior has become highly distressing, and I am concerned it may escalate further or affect my professional standing.

I would like to know my legal options to address this issue and protect myself, both personally and professionally. Specifically, I wish to understand:

How I can ensure that this behavior stops.
What legal actions I may pursue if the disruptions persist.
Whether his actions could be considered harassment under Philippine law.
What steps I should take to document the situation effectively for legal purposes.

I value your expertise in this matter and would greatly appreciate your advice on how to proceed. Thank you for taking the time to address my concern.

Sincerely,
A Concerned Employee

Legal Considerations on Workplace Harassment by a Partner in the Philippines

Introduction
Harassment, whether in a professional or personal context, is a serious issue that affects an individual’s well-being, peace of mind, and career. When the perpetrator is a romantic partner, the situation can be emotionally complex, but legal recourse remains available under Philippine laws. This article discusses relevant legal remedies and processes to address workplace harassment caused by a partner.

1. Definition of Harassment Under Philippine Law

While the Philippine legal system does not have a single, unified law specifically addressing harassment in all its forms, various laws address specific acts that may constitute harassment, including:

Republic Act No. 11313 (Safe Spaces Act): This law prohibits gender-based sexual harassment in the workplace, online, or in public spaces. If your partner’s actions involve gender-based abuse, unwelcome advances, or behavior that creates an intimidating, hostile, or humiliating work environment, they may fall under this law.
Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act): This law protects women from acts of violence or abuse committed by a current or former intimate partner, including psychological and emotional abuse, which could include persistent interference in the workplace.

2. Isolated Acts vs. Persistent Harassment

It is important to determine whether your partner’s behavior constitutes isolated incidents or persistent harassment. Persistent harassment, especially if done with malice or intent to control or intimidate, can have more severe legal implications under laws like RA 9262.

3. Legal Actions You Can Take

You have several legal remedies depending on the nature of your partner’s behavior:

a. Filing for a Protection Order under RA 9262
A protection order is a court-issued directive aimed at preventing further acts of violence or harassment. It can include prohibitions against contacting or approaching you at your workplace.

Barangay Protection Order (BPO): Issued by the barangay, this is valid for 15 days and can be issued quickly.
Temporary or Permanent Protection Order: These are issued by the court and can last indefinitely, providing broader protections.

b. Filing a Complaint Under the Safe Spaces Act
You can report your partner’s behavior to the management or HR of your workplace as they are obligated to address and prevent workplace harassment under the Safe Spaces Act. Employers are required to:

Establish policies against workplace harassment.
Investigate complaints and take appropriate action.
Failure of the employer to act may expose them to liability under the law.

c. Reporting Psychological or Emotional Abuse
Under RA 9262, causing psychological or emotional distress constitutes a form of violence. Persistent interference with your work, threats, or any behavior that causes undue anxiety or fear can be grounds for legal action.

d. Filing a Criminal Complaint for Unjust Vexation or Grave Coercion
If your partner’s behavior disrupts your peace of mind or pressures you to act against your will, you may file a complaint for unjust vexation under Article 287 of the Revised Penal Code or for grave coercion under Article 286.

4. Steps to Take to Protect Yourself

Before pursuing legal action, ensure you have documented the situation thoroughly. Here are specific steps:

Document the Incidents: Keep a record of dates, times, and descriptions of each instance your partner has disrupted your work or caused distress. Include any relevant messages, emails, or call logs.
Notify Your Employer: Report the situation to your HR department or immediate supervisor. Under the Safe Spaces Act, your employer is required to take appropriate action to protect you.
Seek Support from the Barangay: If the harassment escalates, report the matter to your barangay, where you can file for a Barangay Protection Order.

5. Employer’s Role and Responsibility

Under the Safe Spaces Act, your employer is legally obligated to address any form of workplace harassment, including those caused by external parties such as partners. Ensure that your employer:

Implements clear anti-harassment policies.
Establishes a reporting mechanism and investigates complaints promptly.
Enforces penalties against offenders.

Failure to fulfill these obligations exposes employers to fines ranging from ₱5,000 to ₱100,000.

6. Filing and Pursuing a Case

a. Where to File

For violations of RA 11313 (Safe Spaces Act), complaints can be filed with the Women and Children’s Desk of your local police station or directly with the prosecutor’s office.
For violations under RA 9262, you may file a complaint with the barangay, police, or directly in court.

b. Legal Assistance
You may seek assistance from the Public Attorney’s Office (PAO) or a private lawyer to help file your complaint. Free legal assistance is available for individuals with limited means.

c. Court Proceedings
If the harassment meets the threshold for legal action, the court may issue subpoenas to summon the respondent (your partner) and determine whether protection orders or further penalties are warranted.

7. Additional Considerations

a. Workplace Dynamics
Should your partner’s behavior lead to workplace conflicts or involve co-workers, ensure the situation is handled delicately to protect your professional relationships.

b. Safety Measures
Consider taking proactive steps to safeguard your personal and professional environments, such as limiting communication with your partner and alerting colleagues about potential disruptions.

Conclusion

Workplace harassment, even by a romantic partner, is a violation of your rights and dignity. Philippine laws provide robust mechanisms to address such situations, ensuring that you can work in a safe and supportive environment. By documenting incidents, seeking protection orders, and leveraging the Safe Spaces Act and RA 9262, you can assert your rights and pursue legal remedies.

Should you wish to pursue this matter further, consulting a lawyer to navigate the specific circumstances of your case is highly recommended. Legal action can be a powerful tool to reclaim your peace of mind and protect your career.