Here’s a practical, everything-you-need-to-know legal primer on defamation (paninirang puri) in the Philippines—what counts as slander or libel, your options (criminal and civil), defenses, deadlines, evidence, and an exact step-by-step on how to file a case. This is general information, not legal advice; details can change with new laws and Supreme Court rulings, so consider consulting a Philippine lawyer for your specific situation.

The Basics

What is “defamation”?

Defamation is an imputation (ascribing to someone a crime, vice, defect, dishonorable act, or anything that tends to cause dishonor, discredit, or contempt) communicated to at least one third person, and identifies the person defamed. In the Philippines:

Libel = written or similarly fixed/recorded defamation (e.g., print, posts, blogs, captions, emails, messages that are saved or shareable).
Slander (oral defamation) = spoken defamation.
Slander by deed = a defamatory act (not words) done publicly to shame or humiliate (e.g., publicly slapping someone to disgrace them).

There’s also cyber libel—libel committed through computer systems or online (e.g., social platforms, websites, messaging apps). It follows the elements of libel, with higher penalties.

Legal bases (core references)

Revised Penal Code (RPC) Articles 353–362 (definitions, penalties, venue, and liability).
Cybercrime Prevention Act of 2012 (R.A. 10175) (cyber libel; penalty generally one degree higher than ordinary libel).
R.A. 10951 (2017) (updated/raised fines under the RPC).
Civil Code (independent civil action for damages: Article 33; damages: Arts. 2199–2235; abuse of rights: Art. 19–21).

Elements You Must Prove (Criminal)

To convict for libel (also the roadmap for a cyber-libel complaint):

Defamatory imputation — words/statement/depiction is defamatory on its face or by context.
Publication — communicated to any third person (posting online counts).
Identifiability (“of and concerning” you) — directly names you or points to you by description/circumstances.
Malice — the law presumes malice in a defamatory imputation (malice in law), unless the communication is privileged. If privileged, the complainant must prove actual malice (ill will, spite, knowledge of falsity, or reckless disregard of truth).

For slander (oral) and slander by deed, the same core ideas apply: a defamatory imputation, communicated to a third person, referring to the complainant, with malice.

Defenses & Privileges

Truth — Not a complete defense by itself under the RPC. It must be shown the imputation is true and made with good motives and justifiable ends (e.g., for protection of a legitimate interest or public good).
Privilege (no malice presumed):
- Qualified privilege includes:
  - Fair and true reports of judicial, legislative, or other official proceedings (made in good faith, without unnecessary comments).
  - Private communications made in the performance of a legal, moral, or social duty (e.g., a complaint to a school/employer about conduct), provided made in good faith and to a proper person/authority.
  - Fair comment on matters of public interest (opinions, based on facts, expressed in good faith).
- Absolute privilege applies narrowly (e.g., statements by legislators in Congress during official proceedings, certain official acts).
Opinion — Pure opinion (not asserting false facts) is generally not actionable. But couching a factual allegation as “opinion” won’t shield it.
Lack of publication — If no third person received it, there’s no defamation (e.g., a purely private message only you read).
Non-identification — If a reasonable reader/listener cannot identify the complainant, the case fails.
Consent — If the complainant consented to publication.
Prescription (time-bar) — File within the prescriptive period (see “Deadlines” below).

For public officials and public figures, Philippine jurisprudence has required proof of actual malice (akin to the U.S. “Sullivan” standard) when the speech is about their official conduct or a matter of public interest. In such cases, the complainant must show knowledge of falsity or reckless disregard for truth.

Who May Sue / Be Sued

Victims: Individuals, including public figures and public officials. Corporations and organizations may sue if the statements injure their business reputation. For attacks on the memory of the deceased, the law allows close relatives (e.g., spouse, ascendants/descendants) to complain.
Who can be liable:
- Author/original poster (for online content, the writer/uploader).
- In print/broadcast: author, editor, business manager, publisher, and sometimes the owner with editorial control.
- Mere conduits (ISPs, platforms) are generally not liable absent participation or control.
- Ordinary likers/sharers are typically not treated the same as authors; liability focuses on those who originate or republish with culpable participation. (Nuances exist; get case-specific advice.)

Penalties (Criminal)

Libel (offline): Imprisonment within prisión correccional (roughly 6 months and 1 day up to 4 years and 2 months, depending on the court’s calibration), and/or fines (substantially increased by R.A. 10951). Courts can impose fine instead of imprisonment.
Cyber libel: One degree higher than ordinary libel (so higher imprisonment range). Fines are also higher in practice.
Slander (oral): Penalty depends on whether it is grave (seriously insulting or injurious) or simple; ranges from arresto menor (1–30 days) up to prisión correccional (6 months and 1 day to 6 years) for grave forms; courts may impose fines (increased by R.A. 10951).
Slander by deed: Similar band (arresto mayor/prisión correccional) plus fines (updated).

Philippine courts often consider apology/retraction, good faith, absence of prior convictions, and other mitigating circumstances in sentencing (which can reduce penalties or favor fines over imprisonment).

Civil Remedies (Damages)

Even without (or aside from) a criminal case, you may file a civil action for damages:

Independent civil action under Article 33 (Civil Code) for defamation, using the preponderance of evidence standard (lower than “proof beyond reasonable doubt”).
Possible damages: actual/compensatory (if proven), moral, temperate, exemplary, plus attorney’s fees in proper cases.
You can combine civil claims with the criminal case (civil aspect is deemed instituted with the criminal action unless you reserve the right to file separately).

Deadlines (Prescription)

Under Article 90 (RPC), libel and “other similar offenses” have a short prescriptive period (traditionally one year from publication or discovery, with technical nuances on “first publication” and republication).
For cyber libel, the precise prescriptive period has been the subject of legal debate; rulings have evolved. Some courts have analogized to the one-year period; others have applied special-law rules. Do not assume—get updated advice fast.
Practical rule: Act quickly. Preserve evidence immediately and file well before one year from publication.

Venue & Jurisdiction

Special venue rules for libel (RPC Article 360) typically allow filing:

Where the material was printed and first published (for traditional media).
Where the offended party actually resided at the time of publication (for a private individual).
For public officers: where they hold office if the libel relates to official functions; otherwise where they reside.

For online libel, prosecutors and courts often apply similar venue logic (commonly, where the offended party resides/holds office), but specifics can vary with the facts and evolving jurisprudence.

Court:

Libel (including cyber libel): typically falls under the Regional Trial Court (RTC).
Slander/slander by deed: RTC or first-level courts depending on the imposable penalty alleged in the Information.

Barangay conciliation (Katarungang Pambarangay) generally does not apply to criminal libel/cyber libel (penalties exceed the barangay thresholds). It may be relevant to purely civil defamation claims when parties live in the same city/municipality, subject to the law’s exceptions.

Evidence: What You Need

For written/online defamation:

Complete screenshots (include URL, handle, date/time, and context).
Raw files (original images/videos), message exports, email headers, metadata.
Archive pages (e.g., PDF print-to-file), and note who saw the post (witnesses).
Chain of custody: Keep originals; document how/when you obtained copies.

For oral defamation:

Witness affidavits of persons who actually heard the words.
Caution: Secret audio recording may violate the Anti-Wiretapping Law (R.A. 4200) and be inadmissible or illegal. Get legal advice before recording.

General:

Affidavit of the complainant with verbatim quotations, exact time/place, audience, platform, and why defamatory.
Proof of identity and residence (helps with venue).
Any harm evidence (e.g., employment or business losses, medical/psych records for moral damages).

Step-by-Step: Filing a Criminal Case

The process is largely the same for libel, cyber libel, slander, and slander by deed; adapt venue/penalty bits accordingly.

Act fast; compute prescription. Aim to file well within one year of publication (earlier for safety).
Preserve evidence (see above). Get notarized Affidavit and witness affidavits ready.
Choose venue per Article 360 (for libel/cyber libel) or standard rules (for slander), and confirm which Prosecutor’s Office has jurisdiction (City/Provincial).
Prepare a Complaint-Affidavit:
- Parties (your full name, address; respondents’ details if known).
- Material dates and verbatim statements complained of.
- Why defamatory (identify the imputation).
- Publication facts (who else saw/heard; provide witnesses).
- Identifiability facts (how readers/listeners knew it was you).
- Malice (if communication is privileged, allege facts showing actual malice).
- List of offenses (e.g., Libel under Art. 353/355 RPC; or Cyber Libel under R.A. 10175).
- Attachments (screenshots, certified copies, witness affidavits, IDs).
- Prayer (file information, issue warrants, etc.).
File with the Office of the City/Provincial Prosecutor (no filing fee for criminal complaints). Obtain an I.S. number (investigation number).
Inquest vs. regular filing:
- If the respondent is under arrest, the case may proceed via inquest (faster).
- Otherwise, regular preliminary investigation applies.
Preliminary investigation:
- Prosecutor issues subpoena to respondents with copies of your complaint/annexes.
- Counter-affidavit, reply, (optional clarificatory hearing).
- Prosecutor issues a Resolution (dismiss or file Information in the trial court).
If Information is filed:
- Case goes to RTC (libel/cyber libel) or appropriate court (slander variants).
- Warrant of arrest may issue; respondent may post bail.
- Arraignment, pre-trial, trial, judgment.
Civil aspect:
- Unless you reserved a separate civil action, your damages claim is deemed instituted with the criminal case. Submit proof of damages during trial.

Step-by-Step: Filing a Civil Case (Damages)

Decide whether to file independently under Civil Code Art. 33 (you can do this without a criminal case).
Venue for personal actions: where you (plaintiff) or the defendant resides—your choice (subject to Rules of Court).
Prepare a Verified Complaint stating:
- Defamatory statements, publication, identifiability, malice.
- Damages suffered (with supporting documents).
- Reliefs sought (actual, moral, exemplary, attorney’s fees; apology/retraction).
Pay docket fees (based on damages claimed).
Summons, Answer, pre-trial, mediation/JDR, trial, decision.

Strategic & Practical Tips

Consider a demand letter first (especially for civil claims): it can prompt takedown, apology, or retraction (often useful as evidence and may mitigate damages/penalties).
Think about goals: stopping the spread (takedown), clearing your name (public apology/retraction), compensation (damages), and/or accountability (criminal case).
Be careful online: Don’t retaliate with new defamatory posts—you could expose yourself to counter-suits.
Work with authorities:
- For cyber cases, you may coordinate with PNP-ACG or NBI-Cybercrime for technical assistance (e.g., tracing, forensics).
Evidence hygiene: keep originals, export complete threads, avoid altering files (no cropping that removes timestamps/URLs), and keep an evidence log.
Wiretapping caution: Don’t secretly record private conversations. Ask counsel before recording.
Settlement: Retraction/apology and reasonable compensation can resolve many cases early. Courts note good faith.

FAQs

Is truth an absolute defense? No. Under the RPC, truth must come with good motives and justifiable ends (e.g., to protect a legitimate interest, warn authorities, or inform the public in good faith).

Are opinions safe? Pure opinions on disclosed facts are generally protected; false statements of fact disguised as opinion are not.

What about sharing/retweeting? Liability focuses on authors/originators and those who republish with culpable participation or editorial control. Ordinary sharing without malice/control is not treated the same as authorship, but facts matter.

How soon must I file? Treat one year from publication as a hard outer limit for libel and similar offenses, and file much earlier. Cyber-libel prescription has been litigated—do not delay.

Can I sue for posts about a deceased relative? Yes—Philippine law allows actions protecting the memory of the dead; close relatives may complain.

Do I need barangay conciliation first? Criminal libel/cyber libel typically skip barangay conciliation. For civil claims, conciliation can apply when parties live in the same city/municipality, subject to statutory exceptions.

Mini-Templates

Complaint-Affidavit (criminal) — skeleton

Title: “Affidavit-Complaint for Libel/Cyber Libel/Slander”
I. Parties & Capacity (your full name, residence; respondents)
II. Material Facts (who said/wrote what; verbatim quotes; when/where; audience; platform; links/IDs)
III. Why Defamatory (imputation of crime/vice; context showing malice)
IV. Publication & Identification (how others saw; how readers knew it was you)
V. Offense Alleged (cite RPC provisions; R.A. 10175 for cyber)
VI. Evidence/Annexes (screenshots, headers, witness affidavits, IDs)
VII. Prayer (file Information; issue warrants/subpoenas)
Verification & Jurat (notarization)

Civil Complaint (damages) — skeleton

Parties/venue
Cause of action (defamatory act; elements)
Damages & proof (monetary loss, reputational harm, emotional distress)
Reliefs (actual/moral/exemplary damages; injunction/takedown; apology/retraction; attorney’s fees)
Verification/Certification against forum shopping

Quick Checklists

Before filing

Count prescription (play it safe: file early)
Collect verbatim statements & full-page screenshots
Identify witnesses and audience
Draft and notarize Affidavit-Complaint
Choose proper venue (Article 360 rules for libel; residence/office for cyber libel is common)
Decide on criminal, civil, or both
Consider a demand letter/takedown strategy

During the case

Track deadlines (subpoena, counter-affidavits)
Prepare for clarificatory hearing
For civil damages, prepare receipts/financial records/medical certificates if applicable
Keep communications professional; avoid new defamatory posts

Final reminders

Defamation law balances reputation and free speech/press. Context matters: tone, setting, who heard/read it, and whether it’s public interest speech.
Cyber libel elevates penalties and adds technical issues (tracing, platform policies). Treat online posts as published the moment they’re accessible to others; republication can have distinct consequences depending on circumstances.
Because rules (especially on cyber libel prescription and venue) continue to evolve, get case-specific legal advice quickly—especially if publication is recent.

If you want, tell me the facts (who said/wrote what, where/when, and how it spread), and I’ll draft a tailored Complaint-Affidavit or a demand letter you can use as a starting point.