Letter to the Attorney

Dear Attorney,

I am currently employed in a local company, and I have experienced repeated instances of verbal harassment from a superior. These comments, which often include belittling my work performance, insulting my character, and even using offensive language, have created a hostile environment that makes it difficult for me to focus and perform my duties effectively. I am worried that if I report this formally, I might face retaliation or, at the very least, an even more stressful workplace situation. However, I also know that enduring this kind of treatment is taking a toll on my emotional well-being and sense of dignity.

I have concerns about legal costs, as I am not in a position to afford expensive legal representation. Could you please provide guidance on what legal protections I have under Philippine law regarding verbal harassment in the workplace, the possible courses of action I can take (even without significant funds), and what government agencies or institutions might be able to assist me should I decide to file a complaint?

Thank you very much for your time and guidance.

Sincerely,
A Concerned Employee

Legal Article: Comprehensive Analysis of Verbal Harassment in the Philippine Workplace

Introduction
Verbal harassment in the workplace is a critical and persistent issue that affects employees across various industries in the Philippines. It encompasses a broad range of behaviors—derogatory comments, insults, threats, and intimidating language—and can originate from superiors, colleagues, or even subordinates. Although subtle at times, its impact is far from trivial. It can erode employee morale, productivity, mental health, and overall job satisfaction, ultimately affecting not only the victim but also the work environment and business performance.

Under Philippine law, employees are afforded numerous rights and protections, and various legal frameworks exist to prevent and address verbal harassment. However, it can still be challenging for aggrieved individuals to navigate these laws, understand their remedies, and find cost-effective means to assert their rights. The purpose of this comprehensive legal article is to provide a meticulous overview of the laws, regulations, judicial interpretations, and remedies related to verbal harassment in the workplace. By exploring a wide range of topics—from the relevant statutes and administrative regulations to potential avenues for filing complaints and seeking redress—this article aims to empower victims, inform employers, and contribute to the broader effort of fostering respectful and inclusive workplaces in the Philippines.

I. Conceptualizing Verbal Harassment in the Workplace
Workplace harassment generally refers to unwelcome conduct that creates an intimidating, hostile, degrading, humiliating, or offensive environment. Verbal harassment, as a subset, involves spoken or written language that targets an employee’s personhood, dignity, or professional competence. Examples of verbal harassment may include:

Persistent name-calling, mockery, or ridicule;
Shouting, cursing, or using offensive language;
Making threats regarding job security or performance reviews;
Using slurs or discriminatory remarks relating to race, gender, religion, sexual orientation, disability, or other protected characteristics;
Making unwarranted public criticisms intended to humiliate the employee.

While a single incident can sometimes suffice if particularly egregious, more often harassment is characterized by a pattern of recurring, unwanted behavior. The totality of circumstances—frequency, severity, whether it is physically threatening or humiliating, and whether it unreasonably interferes with work performance—is considered in determining if verbal harassment exists.

II. Relevant Statutes and Regulations in the Philippines
A. The Labor Code of the Philippines
While the Labor Code (Presidential Decree No. 442, as amended) does not explicitly define “verbal harassment,” it establishes general principles governing fair treatment, just causes for termination, and the responsibilities of employers to provide a safe and healthy working environment. The Labor Code’s provisions on working conditions and employer-employee relations serve as a backdrop against which specific laws on harassment have emerged. Employers have a general obligation to maintain just and humane working conditions, and persistent verbal harassment may be construed as creating an untenable working environment that could potentially lead to constructive dismissal or violate the employee’s right to humane treatment.

B. Anti-Sexual Harassment Act (Republic Act No. 7877)
R.A. 7877, enacted in 1995, specifically addresses sexual harassment in the workplace, educational, and training environments. While primarily concerned with unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, certain forms of verbal harassment intersect with sexual harassment when they involve gender-based slurs, sexual innuendo, or remarks that degrade an employee based on sex or sexual orientation. Under this law, employers are mandated to take steps to prevent or deter sexual harassment and provide procedures for the resolution or prosecution of such cases. Even if the verbal harassment does not rise to the level of sexual harassment, knowledge of this statute’s procedures and standards can be instructive for victims because it establishes the principle that harassment of any form, including verbal abuse, should not be tolerated.

C. The Safe Spaces Act (Republic Act No. 11313)
Also known as the “Bawal Bastos” law, the Safe Spaces Act significantly expanded the coverage of anti-harassment laws to include a variety of settings. It prohibits gender-based sexual harassment in streets, public spaces, online spaces, and workplaces. Under the Safe Spaces Act, workplace harassment includes unwelcome, sexist, misogynistic, transphobic, homophobic, and other gender-based remarks that may not always be overtly sexual but still create an intimidating environment. The Act mandates employers to prevent, detect, and respond to such harassment through codes of conduct, training, and accessible reporting mechanisms. Although its focus is on gender-based harassment, the Safe Spaces Act sets a precedent for employers’ responsibility in curbing verbal harassment more generally.

D. Civil Code of the Philippines
Certain provisions of the Civil Code may also be invoked in cases of verbal harassment. Verbal abuse can be seen as a form of insult or defamation depending on the nature and content of the language used. Although defamation usually requires publication to a third party, repeated verbal harassment that tarnishes a person’s reputation in front of colleagues might fit into forms of oral defamation punishable under the Revised Penal Code. Additionally, if the harassment causes emotional distress, the victim may seek moral damages under Articles 19, 20, and 21 of the Civil Code, which require every person to act with justice, give everyone his due, and observe honesty and good faith.

E. The Revised Penal Code
Verbal harassment that escalates into serious threats or severe humiliation can give rise to potential criminal liabilities. Offenses such as grave threats, unjust vexation, or oral defamation (slander) under the Revised Penal Code may apply. While more commonly associated with situations outside the typical workplace scenario, the possibility remains that extreme cases of verbal harassment could be pursued criminally.

III. Implementing Rules and Guidelines by Government Agencies
The Department of Labor and Employment (DOLE) and the Civil Service Commission (CSC) have issued various guidelines on maintaining a safe and respectful workplace. Companies are often required to adopt internal policies, codes of conduct, and grievance mechanisms that protect employees from harassment. For instance, under the Safe Spaces Act’s Implementing Rules and Regulations, all employers are directed to:

Develop a code of conduct or integrate prohibitions against gender-based harassment into existing codes;
Provide measures to prevent harassment (e.g., information campaigns, training sessions);
Establish a safe and confidential reporting mechanism; and
Impose sanctions on perpetrators.

Compliance with these implementing rules ensures that employees have clearer avenues for complaint and that employers who fail to respond appropriately can be held accountable for their negligence or complicity.

IV. Internal Company Policies and Procedures
In many instances, the first line of defense for an employee experiencing verbal harassment is the company’s internal policies and complaint procedures. These may be derived from the Labor Code’s general requirements or from laws mandating the adoption of anti-harassment measures. Employees should review their company’s employee handbook, internal code of conduct, and any posted workplace rules regarding harassment and disciplinary procedures. Many businesses have an established human resources (HR) protocol for handling harassment complaints, which typically involves:

Confidential reporting channels (e.g., a hotline, an online form, or direct communication with HR personnel);
An impartial investigation into the allegations;
Preventive suspension of the alleged harasser if warranted;
Providing support services (e.g., counseling, temporary reassignment) for the victim; and
Clear timetables for resolution.

These internal mechanisms can provide a quicker and often more accessible resolution than going straight to litigation. In some cases, however, internal policies may be insufficient, improperly implemented, or biased. Victims should not hesitate to seek external legal remedies if internal procedures prove ineffective or hostile.

V. Remedies and Courses of Action for Victims
Employees who find themselves subjected to verbal harassment in the workplace have multiple avenues for redress, including administrative, civil, and criminal remedies:

A. Internal Grievance Procedures
Before escalating the matter, victims are often encouraged to exhaust the internal grievance procedures of their company. This might involve:

Filing a formal written complaint to HR;
Requesting mediation or a meeting with an immediate supervisor or a neutral party;
Documenting each incident of harassment (dates, times, witnesses, the content of the remarks).

This initial step can sometimes resolve the issue, particularly if the employer responds swiftly and effectively by reprimanding or disciplining the offender. Such a resolution can spare the victim the time, stress, and expense associated with external litigation.

B. Filing a Complaint with DOLE or Other Government Agencies
If internal measures are ineffective, employees may seek assistance from government agencies such as:

The Department of Labor and Employment (DOLE): While DOLE handles labor standards and labor relations issues, it may also provide guidance or referrals for harassment-related complaints.
The Commission on Human Rights (CHR): Though more commonly associated with broader human rights issues, CHR may provide assistance if the verbal harassment involves discrimination or violates fundamental human rights.
The Civil Service Commission (for government employees): CSC handles administrative cases within the public sector and enforces measures against harassment in government workplaces.

Each of these agencies may facilitate conciliation or mediation, advise on legal rights, and, in some instances, direct the complainant toward the proper adjudicatory body.

C. Filing a Case Before the National Labor Relations Commission (NLRC)
If the harassment leads to a constructive dismissal (i.e., when working conditions become so unbearable that the employee resigns involuntarily), the employee may file a complaint for illegal dismissal before the NLRC. Constructive dismissal occurs when an employer’s actions or omissions render continued employment intolerable. Verbal harassment can sometimes form part of the conditions that make it impossible for an employee to remain employed. If the NLRC finds the employer liable, it may order reinstatement, payment of backwages, or other forms of compensation.

D. Pursuing Civil Liability
If the verbal harassment causes emotional distress, tarnishes one’s reputation, or leads to psychological harm, the victim may consider filing a civil case for damages. Articles 19, 20, and 21 of the Civil Code impose obligations not to cause damage to another, and the courts have awarded moral and even exemplary damages in situations where an employee’s dignity is significantly harmed. Although pursuing a civil lawsuit involves litigation costs, it can be a more direct way to obtain compensation for the harm suffered.

E. Criminal Complaints
In extreme cases where verbal harassment constitutes a criminal offense—such as grave threats, or oral defamation—the victim may file a criminal complaint with the Office of the Prosecutor. If probable cause is found, the case may proceed to trial. Criminal proceedings can act as a strong deterrent, holding perpetrators personally accountable. However, these cases can be lengthy, complex, and costly. Victims must consider whether the severity of the harassment and the available evidence justify pursuing criminal charges.

VI. Evidentiary Considerations
A crucial element in any legal action is evidence. Victims of verbal harassment should meticulously document incidents by:

Keeping a diary or log detailing each harassment incident (date, time, location, exact words spoken, witnesses present);
Preserving any written communications, emails, or messages containing harassing language;
Obtaining witness statements from colleagues who observed the behavior;
Recording conversations if permissible under Philippine law (generally, consent of at least one party is required, but local interpretations vary; it is prudent to seek legal advice before making secret recordings).

Strong, credible evidence can significantly bolster a victim’s claim and push employers, courts, or agencies to take meaningful action.

VII. Legal Representation and Financial Considerations
For many employees, a key concern in seeking redress is cost. Legal services can be expensive, and not every victim has the resources to hire a private attorney. Fortunately, several options exist:

Public Attorney’s Office (PAO): The PAO provides free legal assistance to indigent clients in both civil and criminal cases. While PAO attorneys often handle a large caseload, they can still provide valuable help in drafting pleadings, representing victims before tribunals, and offering general legal advice.
Legal Aid Clinics and NGOs: Certain non-governmental organizations, law school-based legal aid clinics, and women’s rights or labor advocacy groups offer pro bono services or reduced-fee arrangements.
Alternative Dispute Resolution: In some cases, mediation or conciliation through government agencies or private practitioners may be more affordable than full-blown litigation.
Contingency Arrangements: Although less common in the Philippines than in other jurisdictions, some lawyers may be open to contingency fee arrangements, especially in cases with a clear chance of monetary compensation.

VIII. Preventive Measures and Employer Liability
Employers have a pivotal role in preventing and addressing verbal harassment. An employer’s failure to implement effective anti-harassment policies, provide training, or promptly address complaints can result in liability. On the other hand, employers who actively foster a culture of respect by taking the following measures reduce the risk of harassment claims:

Drafting comprehensive anti-harassment policies that clearly define prohibited conduct;
Conducting regular training and awareness programs for all employees, including managers and HR personnel;
Ensuring confidential and reliable reporting mechanisms;
Taking swift disciplinary actions against perpetrators;
Periodically reviewing policies for compliance with new laws and regulations.

The presence of well-formulated policies and diligent enforcement not only deters harassment but also provides employers with a defense in the event of claims—demonstrating that they took reasonable steps to prevent and correct unlawful behavior.

IX. Intersection with Other Issues: Discrimination and Mental Health
Verbal harassment often intersects with discriminatory conduct based on protected characteristics (e.g., race, religion, sex, sexual orientation, gender identity, age, disability). When harassment is motivated by bias, it may trigger additional legal considerations under anti-discrimination laws and policies. Moreover, the psychological impact of verbal harassment—stress, anxiety, depression—highlights the importance of mental health considerations in the workplace. The growing recognition of mental health issues in Philippine law and policy encourages employers and lawmakers to treat verbal harassment not only as a labor or civil issue but also as a potential public health concern.

X. Future Developments and Continuous Improvements
The legal framework regarding workplace harassment, including verbal harassment, continues to evolve. Philippine lawmakers, influenced by international standards and best practices, may introduce further legislation to fill gaps or strengthen enforcement mechanisms. The judiciary’s evolving jurisprudence will also shape how these laws are interpreted. Keeping abreast of legal developments, court decisions, and policy innovations is essential for employees, employers, lawyers, and advocates dedicated to creating safer and more respectful workplaces.

Conclusion
Verbal harassment in the Philippine workplace, though sometimes overlooked or misunderstood, is far from a trivial matter. Philippine law provides multiple avenues for protection and redress—ranging from internal company mechanisms to labor, civil, and criminal remedies. Laws such as the Safe Spaces Act, the Anti-Sexual Harassment Act, the Civil Code, and the Revised Penal Code, complemented by government regulations, have laid a foundation that can be built upon as society’s understanding of harassment evolves.

For victims, the key is to remain informed, document incidents thoroughly, and seek help through both internal and external channels. Financial barriers need not be insurmountable since legal aid and assistance are available through government agencies, NGOs, and public interest organizations. Employers, for their part, must recognize that preventing verbal harassment is both a legal obligation and a smart business practice. Establishing and implementing robust anti-harassment policies helps protect employees and the organization’s reputation and fosters a healthier, more productive work environment.

In sum, Philippine law provides victims of verbal harassment with a toolkit of protections and remedies. Armed with knowledge and support, employees can assert their rights, hold perpetrators accountable, and work toward safer, more respectful workplaces for all.