In the Philippines, protecting one’s reputation is not just a matter of social standing but a legally protected right. Under the Revised Penal Code (RPC) and subsequent special laws like the Cybercrime Prevention Act of 2012, defamation is treated as a criminal offense, unlike in many Western jurisdictions where it is primarily a civil matter.
While the terms "libel," "slander," and "oral defamation" are often used interchangeably in casual conversation, the Philippine legal system draws specific distinctions based on the medium of communication.
1. Defining Libel
Under Article 353 of the Revised Penal Code, libel is defined as a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.
Traditional Libel
Traditionally, libel refers to defamatory statements made through writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means (Article 355, RPC).
Cyber Libel
With the enactment of Republic Act No. 10175, or the Cybercrime Prevention Act of 2012, libelous acts committed through a computer system or any other similar means which may be devised in the future are classified as Cyber Libel. It carries a significantly higher penalty than traditional libel.
2. Defining Oral Defamation (Slander)
Oral Defamation, popularly known as Slander, is libel committed by oral means. Under Article 358 of the RPC, it is the act of speaking defamatory words against a person in the presence of others.
The law categorizes Oral Defamation into two types based on the severity of the insult:
- Simple Oral Defamation: Statements that do not seriously insult or damage the victim's reputation.
- Grave Oral Defamation: Statements that, by their nature, character, and circumstances, are considered serious and insulting (e.g., accusing someone of a heinous crime or a vice that deeply stains their character).
3. Key Differences: A Comparative Overview
| Feature | Libel / Cyber Libel | Oral Defamation (Slander) |
|---|---|---|
| Medium | Written, printed, broadcasted, or online. | Spoken or purely oral. |
| Permanence | Usually leaves a permanent record (print or digital). | Transitory; exists only while being spoken. |
| Applicable Law | Articles 353 & 355 (RPC); R.A. 10175. | Article 358 (RPC). |
| Prescription Period | 1 year (Traditional); controversial 15 years (Cyber). | 6 months (Grave); 2 months (Simple). |
| Penalty | Prison correccional or fine; Higher for Cyber Libel. | Arresto mayor to Prison correccional. |
4. The Four Elements of Defamation
For a person to be convicted of either Libel or Oral Defamation in the Philippines, the prosecution must prove the following four elements beyond reasonable doubt:
- Imputation of a discreditable act or condition: The statement must attribute a crime, vice, defect, or circumstance that brings dishonor or contempt.
- Publication: The defamatory statement must be made known to a third person. In libel, this means the writing was read; in slander, it means the words were heard. (Note: Sending a private message to the victim alone is generally not publication).
- Identity of the person defamed: The victim must be identifiable. Even if a name isn't mentioned, if the description points clearly to one person, this element is met.
- Existence of Malice: The statement was made with an intention to do harm.
- Malice in Law: Presumed in every defamatory imputation.
- Malice in Fact: Proven when it is shown the accused was motivated by ill will or personal spite.
5. Distinguishing Grave Slander from Simple Slander
The Philippine Supreme Court often determines whether oral defamation is "Grave" or "Simple" by looking at:
- The social standing of the parties.
- The occasion or context of the speech.
- The degree of insult or damage intended.
For instance, an angry outburst in the heat of a quarrel (where words are spoken in "the heat of anger") may be downgraded from Grave to Simple Oral Defamation, as the law recognizes that tempers can flare and words may be spoken without the deliberate intent to destroy a reputation.
6. Common Defenses
Even if a statement is defamatory, the accused may be acquitted if they can prove:
Truth: That the statement is true, and it was published with good motives and for justifiable ends.
Privileged Communication: * Absolute: Statements made in legislative or judicial proceedings.
Qualified: Fair and true reports of official proceedings or communications made in the performance of a legal, moral, or social duty (e.g., a formal complaint to a superior).
Fair Commentary: Comments on matters of public interest or concerning public figures, provided they are not made with "actual malice."