Letter to Attorney

Dear Attorney,

I am reaching out to seek your guidance regarding a recent incident at my workplace. As an employee in a casino, I was subjected to an assault by a patron who is a doctor by profession. The patron, while intoxicated, deliberately aimed and shot a rubber band at my head from a very short distance, resulting in an abrasion on my upper right eyelid.

Despite enduring physical pain and verbal abuse, I maintained my professionalism and refrained from retaliating. I am concerned about the physical injury I sustained, the emotional toll of the situation, and the potential defamation caused by his verbal insults, particularly since I was on duty at the time.

Could you kindly advise me on the possible legal remedies I can pursue under Philippine law? I wish to understand my options for holding the perpetrator accountable for the physical injury, verbal abuse, and any potential impact on my professional reputation. Additionally, I would appreciate your guidance on whether my employer holds any liability for failing to prevent such incidents.

Thank you for your assistance, and I look forward to your advice.

Sincerely,
A Concerned Employee

Legal Analysis of the Concern: Workplace Assault by a Casino Patron

Under Philippine law, the incident described raises several legal issues: assault, physical injuries, verbal abuse or slander, employer liability, and remedies available to employees under the Labor Code, civil law, and criminal statutes.

1. Criminal Liability of the Patron

A. Physical Injuries (Revised Penal Code, Art. 263-266)

The intentional act of aiming and striking an employee with a rubber band causing an abrasion constitutes physical injuries under the Revised Penal Code. Depending on the medical findings and the length of recovery, the offense may qualify as:

Slight Physical Injuries (Art. 266): Minor injuries requiring medical attention but not incapacitating the victim for more than nine days.
Serious Physical Injuries (Art. 263): If the injury impairs a sense or organ, such as an eye, or results in incapacity beyond 30 days.

The patron's intentional and drunken behavior satisfies the element of malice or intent, making this a prosecutable offense.

B. Unjust Vexation (Art. 287)

The act of deliberately causing annoyance and physical harm, especially within a professional context, may also be considered unjust vexation. The aim is to penalize acts that, while not constituting grave offenses, disrupt the peace and dignity of another.

C. Defamation (Slander, Art. 358)

Verbal abuse, especially with defamatory statements in a public setting, can amount to slander or slander by deed. If the statements impugn the employee's character or professional standing, they are actionable under civil and criminal law.

2. Civil Liability of the Patron

Under Article 2176 of the Civil Code, the patron’s actions may give rise to quasi-delict liability. The employee may seek damages for:

Actual Damages: Medical expenses incurred for the treatment of the injury.
Moral Damages: For pain, suffering, and humiliation caused by the physical and verbal abuse.
Exemplary Damages: To deter similar behavior, particularly if the act was egregious or malicious.

3. Employer Liability

A. Obligation to Provide a Safe Workplace (Labor Code, Art. 162)

Employers are mandated to ensure the safety of their employees. A casino, as a high-risk environment, has a heightened duty of care. Failure to prevent such incidents may render the employer liable under the principle of vicarious liability (Civil Code, Art. 2180).

B. Support for Injured Employees

Under the Labor Code, employers are required to assist injured employees by facilitating medical care and protecting their rights. Failure to address the incident may result in administrative liabilities for the employer.

4. Legal Remedies for the Employee

A. Filing a Criminal Complaint

The employee may file a criminal complaint against the patron for physical injuries, unjust vexation, and slander. Supporting evidence, such as medical certificates, eyewitness accounts, and CCTV footage, will strengthen the case.

B. Seeking Civil Damages

A civil suit for damages may be initiated concurrently with the criminal complaint. The employee should quantify all losses, including emotional distress and reputational harm.

C. Filing a Complaint with the Employer

Under the Department of Labor and Employment (DOLE) guidelines, the employee may lodge a formal complaint for the employer’s failure to protect staff or address the incident appropriately.

D. Administrative Sanctions for the Patron

If the perpetrator is a licensed professional, such as a doctor, the employee may file a complaint with the Professional Regulation Commission (PRC) for unethical behavior, which may lead to administrative penalties or suspension of the license.

5. Employer’s Role in Dispute Resolution

A. Internal Policies and Disciplinary Measures

Casinos typically have protocols for handling unruly patrons. The employer should ensure the implementation of such measures, including banning the patron or providing immediate support to the employee.

B. Workplace Safety Programs

Employers should enhance security protocols to prevent similar incidents, including staff training and the presence of security personnel during disputes.

6. Applicable Legal Principles

A. Doctrine of Vicarious Liability

Employers may be held liable for harm caused to employees by third parties if negligence in supervision or workplace safety contributed to the incident.

B. Doctrine of Volenti Non Fit Injuria

If the employer claims that the employee voluntarily accepted the risks of working in a casino, the defense may be countered by proving the employer’s negligence in addressing or preventing the assault.

7. Preventive Measures

A. Strengthening Workplace Safety

Employers must implement strict protocols for handling intoxicated patrons and ensure the safety of employees.

B. Raising Awareness Among Staff

Training employees on their rights and the procedure for reporting incidents will empower them to act decisively and seek justice.

Conclusion

The incident highlights the need for both criminal and civil remedies to address the harm caused by the patron's actions. The employee may pursue claims for physical injuries, defamation, and damages while holding the employer accountable for workplace safety lapses. Consulting an experienced attorney will ensure the proper handling of the case and the enforcement of rights under Philippine law.