In the Philippine legal system, your words can be just as actionable as your actions. Oral Defamation, commonly known as Slander, is a criminal offense defined and penalized under the Revised Penal Code (RPC). It involves the oral manifestation of an utterance that tends to cause dishonor, discredit, or contempt for a natural or juridical person.
1. The Legal Basis and Definition
Under Article 358 of the Revised Penal Code, Oral Defamation is committed by any person who shall orally and publicly impute to another a crime, vice, defect, act, omission, condition, status, or circumstance that causes dishonor or discredit.
For a statement to be considered slanderous, four elements must generally concur:
- There must be an imputation of a crime, vice, defect, or act.
- The imputation must be made publicly (heard by a third person).
- The imputation must be malicious.
- The imputation must be directed at a natural or juridical person (living person or a corporation).
2. Classifications of Oral Defamation
The law distinguishes between two types of slander based on the severity of the insult and the circumstances of its utterance:
| Type | Description | Penalty |
|---|---|---|
| Grave Slander | Serious insults that significantly damage the victim's reputation or involve the imputation of a serious crime. | Arresto Mayor in its maximum period to Prision Correccional in its minimum period (4 months and 1 day to 2 years and 4 months). |
| Slight Slander | Insults that are not of a serious nature or were made in the heat of anger/obfuscation. | Arresto Menor or a fine (1 to 30 days imprisonment). |
Key Distinction: Determining whether slander is "Grave" or "Slight" depends on the social standing of the parties, the occasion, and whether the words were spoken in the heat of a quarrel.
3. The Requirement of Malice
Malice is the "evil intent" to injure the reputation of another. In Philippine law, there are two types:
- Malice in Law: Presumed when the statement is defamatory and no good intention or justifiable motive is shown.
- Malice in Fact: Must be proven by the prosecution, showing that the accused was motivated by personal ill-will or a desire for revenge.
4. Special Considerations and Defenses
- The "Heat of Anger" Rule: If defamatory words are uttered during a heated argument where both parties are exchanging insults, the courts often downgrade the charge to Slight Oral Defamation.
- Privileged Communication: Statements made in the performance of a legal, moral, or social duty (such as a witness testimony or a complaint to a superior) are generally protected, provided they are not made with actual malice.
- Truth: Unlike in civil cases, "truth" is not an absolute defense in criminal defamation unless it was published with "good motives and for justifiable ends."
5. Civil Liability
Aside from imprisonment and criminal fines, an accused found guilty of Oral Defamation is also liable for Civil Damages under the Civil Code of the Philippines. This includes:
- Moral Damages: For the mental anguish and wounded feelings of the victim.
- Exemplary Damages: To set an example for the public good.
- Attorney's Fees: Reimbursement for the victim's legal expenses.
6. Prescription Period
The window to file a case is strictly limited. Under the law, the crime of Oral Defamation prescribes in:
- Six (6) months for Grave Slander.
- Two (2) months for Slight Slander.
Failure to file the complaint within these periods results in the loss of the right to prosecute the offender. Regardless of the severity, the victim must first undergo Katarungang Pambarangay (Barangay Conciliation) if both parties reside in the same city or municipality before the case can proceed to court.