Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.

Introduced by Representative ADOLPH EDWARD G. PLAZA
2© District, Agusan del Sur

Explanatory Note

Bullying, as defined by United Nations, is intentional and aggressive
behavior occurring repeatedly against a victim where there is real or
perceived power imbalance, and where the victim feels vulnerable and
powerless to defend oneself. It can be physical aggression, verbal such as
derogatory taunts and insults, relational such as spreading rumors and
exclusion from a group, or any combination thereof. The Psychological
Association of the Philippines has further defined that bullying also includes
harassment and extortion, and cyber-bullying.

While it is true that Congress has already enacted a law addressing
this problem through Republic Act No. 10627 otherwise known as the Anti-
Bullying Act of 2013, it is unfortunately focused on preventing school-level
bullying. However, bullying, violence and any form of harassment do not
happen only in school. Often disregarded and ignored, it occurs within
offices and workplaces and has detrimental effect not just to victimized
worker, but also to their co-workers and families, as well as for organization
and society as a whole. In the absence of any measures addressing this


concern, employers are failing to take responsibility for its prevention and
correction.

This bill seeks to mandate that all government and non-government
offices and establishments to adopt policies and plans to address and
prevent workplace bullying, harassment and violence.

In view of these circumstances, passage of this bill is earnestly sought.

EDDIEBONG G. PLAZA
2” District, Agusan del Sur


Republic of the Philippines

HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

Introduced by Representative ADOLPH EDWARD G. PLAZA
2™ District, Agusan del Sur

“AN ACT
MANDATING ALL GOVERNMENT AND NON- GOVERNMENT OFFICES AND
ESTABLISHMENTS TO ADOPT POLICIES AND PLANS TO ADDRESS AND
PREVENT WORKPLACE BULLYING AND VIOLENCE”

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as “Workplace
Bullying and Violence Prevention Act of 2020”.

SECTION 2. Adoption of Workplace Bullying and Violence
Prevention Policy and Plan. - All government and non-government offices,
and business establishments, are hereby mandated to develop and
implement a workplace bullying and violence prevention policy and plan to
address and prevent the existence of workplace bullying, violence, and other
similar acts in their respective institutions. Such policies and plans shall be
regularly updated and at a minimum shall include provisions which:

a. Prohibit the following acts:
1. Workplace Bullying and Violence - any severe or repeated use
by one or more employees of a written, verbal or electronic


expression, or a physical act or gesture, or any combination thereof,
directed at an employer, co- employee, or any person with whom
he/she has professional relations or dealings that has the effect of
actually causing or placing the latter in reasonable fear of physical
or emotional harm or damage to his property; creating a hostile
work environment for the employer, co-employee, or any person
with whom he/she has professional relations or dealings; infringing
on the rights of another at work premises; or materially and
substantially disrupting the orderly operation of the office; such as,
but not limited to, the following:

i. Any act that causes physical or bodily harm;

ii, Any act that causes harm to a victim’s psyche and/or
emotional and/or moral well-being;

iii. Any slanderous statement or accusation that causes the
victim undue emotional distress like directing foul
language or profanity at the target, name-calling,
tormenting and commenting negatively on victim's
looks, clothes and body, and

iv. Any act or statement which tends to discriminate or
treat unfairly the victim by reason of his/her disability,
sexual orientation, or gender identity;

2. Any abusive acts or behaviour which includes, but not limited
to, the following:

i. Offering, publishing, distributing, circulating and
spreading rumors, false news and information and
gossip about, or any act against or direct against an
employer, a co-employee; or any person with whom
he/she has professional relations or dealings;

ii. Disrespecting and devaluing an employer, a co-
employee, or any person with whom he/she has
professional relations or dealings _ through
disrespectful and devaluing language;

iii, Management by threat and intimidation;


iv. Stealing credit and taking unfair advantage of an
employer, a co-employee, or any person with whom
he/she has professional relations or dealings;

v. Smart-shaming and mocking the idea, work or any
intellectual pursuit of an employer, co-employee or any
person with whom he/she has professional relations or
dealings;

vi. Preventing access to workplace, career, and office
opportunities to an employee, a co-employee, or any
person with whom he/she has professional relations or
dealings; and

vii. An act or behaviour shall be construed as abusive if it
results to any or all of the following:

a. Destroys or undermines the character, image,
status, reputation, morale, and credibility of an
employer, a co-employee, or any person with whom
he/she has professional relations or dealings;

b. Discredits, destroys and undermines the work,
results of the work, awards, career, vocation, craft,
professional status, productivity, performance, and
talents of an employer, a co-employee, or any person
with whom he/she has professional relations or
dealings;

c. Causes divisive effects among employees,
employers, officers, and other members of the
government and non-government organizations,
business establishments, their clientele, and any
other person engaged by government and non-
government organizations, business establishments
in their respective professional capacities.


b. Establish procedures for:

1. Reporting acts prohibited under this Act;

2. Responding promptly to and investigating reports of acts,
which are prohibited under this Act;

3. Ensuring the protection of the employee or any person for
reporting, seeking or providing assistance during an
investigation of the prohibited acts, or is a witness to or has
reliable information about any prohibited acts from
discrimination or retaliation;

c. Enable employees to anonymously report any of the prohibited acts;
Provided, however, That no disciplinary administrative action shall be taken
against a perpetrator solely on the basis of an anonymous report; and

d. Subject the perpetrator/s who knowingly makes a false accusation
to disciplinary administrative action.

SECTION 3. Mechanism to Address Workplace Bullying, Violence
and/or other Prohibited Acts.

a. The administrative office or officer, human relations office or
officer, or any person or office holding a comparable role shall be
responsible for the implementation and oversight of policies intended to
address bullying and other prohibited acts.

b. All government and non-government offices and business
establishments shall provide their employees a copy of the policy and plan
being implemented. Such policies and plans shall likewise be made available
at all times and shall be included in the employee's handbook, annual
trainings and education.

c. Any employee shall immediately report any instance of office
bullying and other prohibited acts witnessed, or that has come to one’s
attention, to the person or office holding a comparable role. Upon receipt of
such report, the administrative officer or officer, human relations office or


officer, or any person or office holding a comparable role, shall promptly
investigate.

d. If it is determined that bullying and/or other prohibited acts have
occurred, administrative office or officer, human relations office or officer,
or any person or office holding a comparable role, shall:

i. Notify the law enforcement agency if the administrative office
or officer, human relations office or officer, and/or any person or office
holding a comparable role believes that criminal charges under the Revised
Penal Code or any special penal laws may be pursued against the
perpetrator.

ii. Take appropriate disciplinary administrative action;

SECTION 4. Reportorial Requirements.

a. All non-government offices and business establishments shall
inform the Department of Labor and Employment in writing about the
policies against workplace bullying, violence and/or other prohibited acts
formulated within six (6) months from the effectivity of this Act. Such
notification shall likewise be an administrative requirement prior to the
operation, creation, or establishment of new non-government offices and
business establishments.

b. All government offices shall inform the Civil Service Commission in
writing about the policies against workplace bullying, violence and /or other
prohibited acts formulated within six (6) months from the effectivity of this
Act.

SECTION 5. Sanction for Non-compliance. - In the Rules and
Regulations to be implemented pursuant to this Act, the Secretary of the
Department of Labor and Employment and the Chairman of the Civil Service
Commission shall prescribe the appropriate sanctions on any administrative
office or officer, human relations office or officer, or any person or office
holding a comparable role, who shall fail to comply with the requirements
under this Act. In addition thereto, erring non-government offices and
business establishments shall likewise suffer the penalty of suspension of
their permits to operate.


SECTION 6. Implementing Rules and Regulations. - Within ninety
(90) days from the effectivity of this Act, the Department of Labor and
Employment and the Civil Service Commission, respectively, shall
promulgate the necessary rules and regulations to implement the provisions
of this Act.

SECTION 7. Separability Clause. - If any provision or part hereof, is
held invalid or unconstitutional, the remainder of the law or the provision
not otherwise affected shall remain valid and subsisting.

SECTION 8. Repealing Clause. - All laws, presidential decrees or
issuances, executive orders, letter of instructions, administrative order, rule
or regulation contrary to, or inconsistent with the provisions of this Act is
hereby repealed, modified or amended accordingly.

SECTION 9. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its publication in at least two (2) newspaper of general circulation.

Approved.