Cursing & Public Insults in the Philippines: Slander, Unjust Vexation, and Alarms and Scandals

Philippine legal guide (for information only; not legal advice).

Big picture

Not every “$#@!” is a crime. Philippine law punishes defamation (insults that attack a person’s honor or reputation), unjust vexation (unjustified acts or words that annoy or distress), and certain public disturbances (alarms and scandals). Context—who said what, to whom, where, how loudly, and why—often makes or breaks a case.

Legal bases (core statutes)

Revised Penal Code (RPC)
- Art. 353–360: Defamation (libel, slander [oral], and slander by deed).
- Art. 358: Slander (oral defamation).
- Art. 359: Slander by deed (insult by act—e.g., spitting, slapping to humiliate).
- Art. 287 (2): Unjust vexation (catch-all for unjustified annoyance/irritation).
- Art. 155: Alarms and scandals (public disturbances).
Civil Code
- Art. 19, 20, 21: Abuse of rights / tort liability.
- Art. 26: Respect for dignity, personality, and privacy.
- Art. 33: Independent civil action for defamation (damages, separate from the criminal case).
- Art. 2219: Moral damages available for defamation.
Special laws that may also apply (depending on facts)
- RA 10175 (Cybercrime): Cyberlibel—defamation by ICT; penalty is one degree higher than the base RPC offense.
- RA 11313 (Safe Spaces Act): Gender-based public/online sexual harassment (e.g., catcalling, sexist slurs).
- RA 9262 (VAWC): Psychological violence via humiliation/insults within intimate relationships.
- Local ordinances: Disorderly conduct, anti-noise, sometimes anti-profanity in defined zones.

Slander (Oral Defamation) — RPC Art. 358

Essence

A public and malicious oral imputation of a crime, vice, defect, or any act/condition that dishonors, discredits, or contemns another. “Public” here means another person heard it; a single third person is enough.

Elements (memory aid: S.P.A.M.)

Statement was defamatory.
Publication: Someone other than the offended party heard it.
Against an identifiable person (directly named or clearly identifiable).
Malice is presumed by law; the accused may rebut (good motive/justification or privilege).

Grave vs. slight slander

Grave: Extremely insulting or injurious, judged by words used + context (relationship, status, setting, prior quarrels).
Slight: Common expletives or insults lacking serious imputation, especially if said in the heat of anger and not meant to seriously dishonor.

Filipino cuss phrases (e.g., “putang ina mo”) have been treated in cases as not automatically grave; courts look at context, tone, accompanying acts, and consequences. They can still be slight slander or fall outside defamation if used as mere expletives without imputing vice/crime—but this is highly fact-specific.

Defenses / privileges

Truth with good motives and justifiable ends (truth alone is not always a defense for defamation).
Absolute privilege (e.g., legislative debates).
Qualified privilege (e.g., good-faith complaints to authorities; fair and true reports of official proceedings), still subject to proof of actual malice to convict.
Lack of publication, lack of identifiability, no defamatory meaning in context.

Penalty & prescription

Penalty: Generally arresto mayor to prisión correccional (depending on gravity); fines were increased by RA 10951 (amounts now much higher than the old Code figures).
Prescription (time to file criminal case):
- Grave (correctional penalty): typically 10 years under Art. 90.
- Slight (light offense): 2 months.
- Note: Libel (written defamation) prescribes in 1 year; oral defamation follows the penalty-based rules above.

Venue/prosecution: Defamation (including slander) is prosecuted under Art. 360 RPC special rules. Venue is generally where the defamatory words were uttered (i.e., where publication occurred). The offended party initiates via complaint-affidavit with the city/provincial prosecutor.

Slander by Deed — RPC Art. 359

Definition: An act (not mere words) that casts dishonor, discredit, or contempt upon another (e.g., spitting on someone, slapping someone in public to humiliate, pulling hair, thrusting a dirty gesture in the face).

Elements: (1) An act; (2) Done in the presence of others; (3) Intended to insult or humiliate; (4) Malice presumed.
Penalty: Usually arresto mayor to prisión correccional; fines upgraded by RA 10951.
Overlap note: If the act is the gravamen of the insult, courts often treat it as slander by deed; accompanying words may be absorbed.

Unjust Vexation — RPC Art. 287 (2)

Definition: Any unjustified act (including speech) that annoys, irritates, disturbs, or vexes another without lawful or sufficient reason, and not covered by a more specific offense.

Use-case: Petty but harassing behavior—e.g., non-sexual catcalling/taunting, persistent badgering, petty pranks, verbal pestering that does not impute a crime/vice (so it’s not defamation) and does not rise to public disturbance.
Elements: (1) The act caused annoyance/irritation; (2) No legal justification; (3) Not penalized by another RPC provision.
Penalty: A light offense (typically arresto menor; fine amounts increased by RA 10951).
Prescription: 2 months.

Boundary with slander: If the words impute a crime, vice, or defect → go to defamation. If they merely annoy without defamatory imputation → unjust vexation.

Alarms and Scandals — RPC Art. 155

Punishes public disturbances such as:

Discharging firearms/explosives in public likely to cause alarm.
Taking part in a charivari or disorderly meeting offensive to others/public tranquility.
Disturbing public peace while wandering at night or during nocturnal amusements.
Causing any disturbance or scandal in a public place, while intoxicated or otherwise, provided it does not constitute a more serious offense.

When cursing fits: Loud, rowdy cursing that disturbs public order (e.g., in a transport hub, park, school corridor), especially if accompanied by brawling or shouting crowds, can fall here.
Penalty: A light offense (generally arresto menor; fines upgraded by RA 10951).
Prescription: 2 months.
Overlap rule: If the conduct also constitutes a graver offense (e.g., grave threats, serious physical injuries), that graver offense prevails; Art. 155 is a fallback for public-order harms.

Choosing the correct charge (quick compass)

Words that seriously attack honor/reputation, heard by a third person? → Slander (oral defamation). • Grave vs slight depends on context.
Insult is done by act (spitting, slapping, obscene gesture to humiliate), in public? → Slander by deed (words may be absorbed).
No real attack on honor—just needless, unjustified annoyance or pestering? → Unjust vexation.
The problem is public disorder (shouting, rowdy cursing, commotion), not personal honor? → Alarms and scandals (unless a more serious offense applies).
Sexualized taunts or gender-based slurs in public/online? → Consider RA 11313 (Safe Spaces Act).
Online posts/messages that defame? → Cyberlibel (RA 10175; one degree higher penalty).
Within intimate partner/family context, repeated humiliations causing psychological harm? → Possibly RA 9262 (VAWC).

Procedure, venue, and barangay conciliation

Evidence tips: • Recordings (audio/video), screenshots, chat logs, witnesses who heard the words, context (why said, where, how loud), and effect on the offended party (e.g., humiliation, distress). • For cyber cases, preserve URLs, metadata, device forensics where possible.
Where to file: • Criminal: Office of the City/Provincial Prosecutor where the publication/utterance occurred (defamation) or where the disturbance happened (Art. 155). • Civil (Art. 33 / tort): May be filed independently for damages.
Katarungang Pambarangay (barangay mediation): If the parties are private individuals in the same city/municipality and the offense is punishable by ≤1 year or fine ≤₱5,000 (typical for slight slander, unjust vexation, alarms and scandals), prior barangay conciliation is generally required before going to court/prosecutor—subject to statutory exceptions (e.g., when the accused is a public officer acting in official duties, parties live in different cities/municipalities, urgent legal actions, etc.). Skipping a required barangay step can lead to dismissal for being premature.
Prescription reminders: These are short for light offenses (2 months) and libel (1 year). Act promptly.

Penalties at a glance (durations; fines updated by RA 10951)

Offense	Core penalty class	Notes
Slight slander (oral)	Arresto menor (1–30 days)	Light offense; short 2-month prescription.
Grave slander (oral)	Arresto mayor → prisión correccional (1 month 1 day–6 years, depending on gravity)	Context-driven gravity assessment.
Slander by deed	Arresto mayor → prisión correccional	Acts intended to humiliate.
Unjust vexation	Arresto menor	Catch-all for unjustified annoyance; 2-month prescription.
Alarms and scandals	Arresto menor	Public-order offense; 2-month prescription.
Cyberlibel	One degree higher than libel	Online/wired media; special venue and evidence issues.

Fines: Numeric amounts in the RPC were significantly increased by RA 10951 (2017). Always check the current text or latest circulars for exact figures.

How courts assess “cursing” in practice

Courts do not criminalize profanity per se. They ask:
1. Defamatory? Does it impute a crime, vice, or defect?
2. Publication? Did someone else hear/see it?
3. Context/intent: Heat of the moment, provocation, social setting, relationship of parties.
4. Public order: Did it disturb peace or cause commotion?
5. Alternative statutes: Gender-based harassment, VAWC, threats/coercion, etc.
Common outcomes:
- Slight slander for spontaneous swearing lacking heavy imputation.
- Unjust vexation when the behavior is petty but plainly unjustified and annoying.
- Alarms and scandals when the rowdy cursing disturbs a public place.
- Acquittal where context shows no real insult/publication, or where privilege applies.

Practical playbooks

If you’re the complainant

Write down exactly what happened (words, time, place, witnesses).
Secure evidence (CCTV, audio/video, screenshots; get affidavits from witnesses).
Check barangay conciliation requirement; if required, start there.
Decide between:
- Criminal complaint (slander / unjust vexation / alarms & scandals / special law), and/or
- Civil action (Art. 33) for damages.
File within the prescriptive period.

If you’re the respondent

Preserve your own evidence (provocation, self-defense of honor, privileged context, lack of publication).
Assess defenses (privileged communication, truth with good motives, lack of identifiability, context mitigating gravity).
Explore amicable settlement where allowed (especially for light offenses), mindful that criminal liability isn’t compromised by private agreements—but settlements can support desistance or damage mitigation.

Special notes & common misconceptions

“Public insult” ≠ automatic crime. The law punishes specific harms: injury to honor/reputation (defamation), unjust annoyance (unjust vexation), or public disturbance (alarms & scandals).
A single listener is enough for “publication” in defamation.
Truth is not a blanket shield—the law presumes malice; truth must come with good motives and justifiable ends.
Public figures get wider latitude of criticism, but personal insults unrelated to public functions can still be defamatory.
Online insults: If written and defamatory, think cyberlibel; if sexist/sexualized, consider Safe Spaces Act; if threatening, look at grave threats.
Penalties/fines changed under RA 10951; consult the latest text for amounts.

Quick decision tree (for cursing incidents)

Was a third person able to hear/see the remark? → No → Consider unjust vexation (if unjustified annoyance) or no crime. → Yes → Go to 2.
Did the words impute a crime/vice/defect or plainly attack honor? → Yes → Slander (grave or slight depending on context). → No → Go to 3.
Was there a public commotion or disturbance? → Yes → Alarms and scandals (unless a more serious offense). → No → Unjust vexation (if unjustified annoyance).
Was there an insulting act (not just words)? → Yes → Slander by deed (words may be absorbed).

Final reminders

Mind the short prescriptive periods (light offenses: 2 months; libel: 1 year; others vary by penalty).
RA 10951 updated fines; RA 10175 escalates penalties for cyber modes.
Facts and context drive outcomes; when in doubt, consult counsel with your evidence timeline in hand.

If you want, tell me your scenario (who/what/where/when/how), and I’ll map it to the likely offense, venue, timeline, and evidence checklist—no names needed.