Defamation in the Philippines: How to File a Case for Slander or Libel (Paninirang Puri)

Friendly note: This is general information as of mid-2024 and not legal advice. Defamation and cyber-defamation rules evolve quickly (especially deadlines and online venue). If you’re anywhere near a filing deadline, speak with a Philippine lawyer immediately.

1) What “defamation” means in PH law

Core idea. Defamation (paninirang-puri) is a public and malicious imputation of a crime, vice, defect, or act (real or imagined) that tends to dishonor, discredit, or contempt a person—or blackens the memory of a deceased person.

Two main crimes:

Libel — written or similarly permanent form (print, posts, blog articles, captions, photos with text, radio/TV scripts, etc.).
Slander (oral defamation) — spoken statements.
(Related) Slander by deed — a non-verbal act meant to humiliate (e.g., public slapping to shame).

Online version. “Cyber libel” covers libel committed through information and communications technologies (e.g., Facebook, X/Twitter, YouTube, blogs, group chats).

Key legal bases (selected):

Revised Penal Code (RPC), Arts. 353–362 (definitions, elements, defenses, venue/jurisdiction).
Cybercrime Prevention Act of 2012 (RA 10175) (online/offline interplay; penalties for crimes via ICT).
RA 10951 (2017) (updated fines/penalties in the RPC).
Civil Code (Arts. 19, 20, 21 on abuse of rights; Art. 33 on independent civil action for defamation; Arts. 2217–2220 on damages).
E-Commerce Act (RA 8792) (limited safe harbors for service providers).

2) Elements you must prove

A) Libel (written / online)

Defamatory imputation (statement or depiction that tends to dishonor).
Publication (a 3rd person saw/heard it; a single view is enough).
Identifiability (the statement is “of and concerning” the complainant—even if not named, if people can tell it’s them).
Malice
- Presumed by law (even if true) unless it’s a privileged communication.
- Actual malice (knowledge of falsity or reckless disregard) must be shown in certain qualifiedly privileged situations—e.g., commentary about public officials/figures and matters of public interest.

B) Slander (oral)

Same elements as libel, minus the permanence of the medium. Slander is classified as simple or grave based on how serious/insulting it is, circumstances, and impact.

C) Slander by deed

A humiliating act (not words) done publicly to shame or dishonor.

3) Defenses & exceptions (criminal cases)

Truth + good motives + justifiable ends (truth alone is not automatically a defense in criminal libel).
Absolute privilege (e.g., statements made by legislators in Congress in the discharge of official duties; statements in judicial proceedings when relevant).
Qualified/conditional privilege (malice not presumed; complainant must prove actual malice):
- Fair and true report of official proceedings without comments.
- Communications made in the performance of a legal/moral duty (e.g., a good-faith complaint to proper authorities).
- Fair comment or opinion on matters of public interest, if based on facts and not a false statement of fact.
No publication (nobody else heard/received it).
Not “of and concerning” the complainant (cannot reasonably be taken to refer to them).
Consent (complainant agreed to publication).
Retraction/apology (not a full defense but may mitigate penalty/damages).
Prescription (statute of limitations) (see deadlines below).

4) Penalties (overview; ranges depend on classification and updates under RA 10951)

Libel (Art. 355): imprisonment within prisión correccional (lower-level felony) and/or fine.
Cyber libel: generally one degree higher than ordinary libel (because the offense is via ICT).
Slander (Art. 358):
- Grave: higher misdemeanor/felony range (can include arresto mayor up to prisión correccional in its minimum period).
- Simple: light penalties (short jail term or fine).
Slander by deed (Art. 359): similar logic—depends on gravity.

Courts can impose fine instead of imprisonment in libel (and probation may be available). Exact amounts depend on RA 10951 and court discretion.

5) Deadlines (prescriptive periods) — do not miss these

Criminal complaints must be filed within strict time limits measured from publication (for libel) or utterance (for slander), subject to tolling rules.

Libel (offline): generally 1 year from publication.
Cyber libel: jurisprudence has treated prescription differently from ordinary libel (some rulings applied a longer period because it’s a special law offense). Because this area shifts, assume very short windows and file ASAP.
Slander / slander by deed: depends on gravity.
- Simple oral defamation (light offense) can have very short prescriptive periods.
- Graver forms allow longer periods.

Because classification (simple vs. grave) affects the deadline—and can itself be disputed—move quickly and consult counsel early.

6) Where to file (venue & court)

Venue (criminal):

Private individual complainant: where they actually resided at the time of the offense or where the libel was printed and first published (for online, courts have tried to curb limitless venue—expect scrutiny).
Public officer complainant: where they hold office at the time, or where first published.
Slander usually where the words were spoken.

Court (jurisdiction):

Libel: Regional Trial Court (RTC) has special original jurisdiction by statute, regardless of the penalty framework.
Slander / slander by deed: usually Municipal/Metropolitan Trial Courts (MTC/MeTC) (depending on the maximum imposable penalty and location).

7) Who may sue & who may be sued

Who may sue (criminal):

The offended person.
For defamation of the deceased, close family may file to vindicate the memory.
If the offense imputes private crimes (e.g., adultery), special complaint rules apply (must be initiated by the person authorized by law).

Who may be liable:

The author of the statement.
For traditional media: the editor/publisher/business manager may also be liable under the RPC.
Online: the original poster and anyone who creates their own defamatory content (e.g., a defamatory caption or comment).
- Merely “liking” or reacting typically isn’t “publication” by itself; sharing with added defamatory statements can be.
- Platforms/ISPs have limited safe harbors; mere conduits are generally not liable absent participation or knowledge—facts matter.

8) Before you file: evidence & strategy

Preserve everything immediately.
- For online posts: take full-page screenshots showing URL, handle, date/time, and audience; save HTML/PDF; record permalinks; note who saw it (publication).
- For audio: keep the original file; note who else heard it; get corroborating affidavits.
- For photos/video: keep originals with metadata; avoid editing.
Identify the speaker (real name, username, handle, links to other profiles). If unknown, agencies like NBI Cybercrime Division or PNP-ACG can assist.
Assess privilege and defenses (e.g., was it a fair report/opinion?). Filing a weak case can backfire.
Decide criminal, civil, or both (see Section 11). A demand letter or right-of-reply request sometimes resolves disputes quickly.

9) Do you need Barangay conciliation first?

Under the Katarungang Pambarangay system, many minor criminal complaints between residents of the same city/municipality require prior barangay mediation before the Prosecutor or court will proceed. Exceptions apply (e.g., parties live in different cities/municipalities, the offense carries a penalty above the barangay threshold, public officers acting in official duties, among others).

Libel: typically outside barangay jurisdiction (penalty and special rules).
Simple slander: may require barangay conciliation unless an exception applies. Ask your local barangay or counsel—filing without the required conciliation can get your case dismissed for being premature.

10) How to file a criminal case (step-by-step)

Draft an Affidavit-Complaint
- Narrate facts in chronological order.
- Identify exact statements/acts, where/when they were made, who else saw/heard them (publication), and why they point to you (identifiability).
- Attach Annexes: screenshots/recordings, URLs, witness affidavits, proof of residence, any takedown/reply notices, etc.
- Have it subscribed and sworn before a Prosecutor or notary.
File with the Office of the City/Provincial Prosecutor
- Bring multiple copies; there’s generally no filing fee for criminal complaints before the Prosecutor.
- If barangay conciliation was required, attach the Certificate to File Action.
Preliminary Investigation
- Prosecutor issues subpoena; respondent files counter-affidavit; you may file reply; (optional) clarificatory hearing.
- Prosecutor issues a Resolution:
  - Probable cause found → an Information is filed with the proper court.
  - Dismissal → you may seek review (DOJ, then possibly court).
In Court
- If a warrant issues, arrange bail (libel is bailable).
- Arraignment, pre-trial, trial.
- On conviction: penalty (jail and/or fine). Retraction/apology/good faith can mitigate.

Timelines vary by office and docket.

11) Civil remedies (damages) — with or without a criminal case

You can sue for damages even without (or in addition to) a criminal case:

Independent civil action (Civil Code, Art. 33) for defamation — standard is preponderance of evidence; you may recover moral, exemplary, temperate, and actual damages, plus attorney’s fees where proper.
You may also sue under Arts. 19/20/21 (abuse of rights/acts contrary to morals) and Art. 26 (privacy).
Injunctions/prior restraint are disfavored in speech cases; courts are cautious about gag orders. Most relief is after-the-fact damages and, sometimes, take-down orders once liability is established.

Filing a civil case requires docket fees (based on the damages claimed) and follows regular or summary procedure depending on amounts.

12) Special issues for online cases (cyber libel)

Penalty is one degree higher than offline libel (because it’s via ICT).
Prescription (deadline) has been treated differently from offline libel in some rulings; consult counsel and file quickly.
Venue: courts will look for a real connection (e.g., place of residence at the time, or where first published/accessed in a meaningful sense) to avoid forum shopping.
Each post/comment can be a separate act; edits/updates/resharing can have legal effects.
Evidence: capture URLs, timestamps, handles, audience settings, and server-side data when possible; official requests may be needed to get logs from platforms (often via NBI/PNP assistance).

13) Practical checklists

A) Evidence checklist

✅ Screenshots with URL + timestamp visible (include the whole browser window bar if you can).
✅ HTML/PDF saves of pages; original media files (no edits).
✅ Names/handles of recipients or witnesses (publication).
✅ Proof that the statements point to you (messages from others recognizing you, context).
✅ Proof of falsity (where relevant) and harm (lost clients, employer memos, medical/psychological reports for moral damages).
✅ Your residence at the time (IDs, bills) — for venue.
✅ Barangay Certificate to File Action (if required).

B) Filing roadmap

Preserve evidence → 2. (If needed) Barangay conciliation →
Affidavit-Complaint with annexes → 4. File with Prosecutor →
Preliminary investigation → 6. Information in court (if PC found) →
Bail/arraignment → 8. Trial → 9. Judgment.

14) Sample Affidavit-Complaint outline (criminal)

Republic of the Philippines)

City/Province of ________ ) S.S.

AFFIDAVIT-COMPLAINT

I, [Name], Filipino, of legal age, residing at [address], after being duly sworn, state:

Parties. I am the complainant. Respondent is [Name/handle, known address].

Defamatory statements. On [date/time], respondent [posted/said/did] the following: [quote exact words / describe act].

Publication. The statement/act was made [where/how] and was seen/heard by [names/number of people].

Identifiability. The statement clearly referred to me because [facts].

Malice. The imputation is false and was made with malice as shown by [facts—prior grudge, refusal to verify, etc.].

Harm. As a result, I suffered [humiliation, loss of business, etc.], evidenced by [docs].

Venue. At the time of the offense, I resided at [address] within [city/province].

Prayer. I pray that respondent be charged with [LIBEL under Art. 355 / CYBER LIBEL under RA 10175 / SLANDER under Art. 358 / SLANDER BY DEED under Art. 359].

ANNEXES: A — screenshots; B — witness affidavit; C — proof of residence; D — barangay certificate (if applicable); etc.

[Signature over printed name] Affiant

SUBSCRIBED AND SWORN to before me this __ day of ______, 20, at _______. [Prosecutor/Notary]

15) Common questions

Can I sue someone who used a fake account? Yes, but identification is crucial; law enforcement can help unmask accounts (expect time and subpoenas/requests to platforms).
If I just shared someone else’s post, am I liable? You can be liable for your own words (e.g., a defamatory caption) or other participation. Mere reactions (like/emoji) are generally not “publication,” but facts matter.
Does truth always excuse libel? For criminal libel, no—you also need good motives and justifiable ends.
Can I get an injunction to stop the post? Prior restraint on speech is disfavored. Courts are cautious; remedies are usually damages and, in some cases, take-down orders after adjudication.
What if the defamation is about a public official? Commentary about public officials/public figures on matters of public interest enjoys qualified privilege; the standard to prove malice is higher.

16) Practical tips to avoid missteps

Move fast—deadlines can be as short as months (and one year for offline libel).
File where venue is proper to avoid dismissal.
Don’t over-plead. If facts support slander (spoken), don’t label it libel (written); mislabeling can cause problems.
Be precise—quote words, name witnesses, attach proof.
Expect countersuits (e.g., for harassment). Keep your filings measured and factual.
Consider alternatives (mediation, demand/retraction) where appropriate.

17) Quick contact points (for evidence/assistance)

Office of the City/Provincial Prosecutor where venue lies.
NBI Cybercrime Division / PNP Anti-Cybercrime Group for online evidence preservation and tracing.
Your barangay (for conciliation when required).

Bottom line

If you’ve been defamed, preserve evidence now and consult counsel quickly about (1) criminal filing (libel/slander) and (2) civil damages (independent or alongside). Venue, prescription, and privilege are where defamation cases are won or lost—get those right from day one.

If you want, tell me:

where you live (city/municipality),
whether the statements were written/posted or spoken, and
the dates involved,

…and I’ll draft a tailored, filing-ready Affidavit-Complaint and checklist you can take to the Prosecutor (or your lawyer) straight away.