In the Philippine legal system, Oral Defamation, commonly known as Slander, is the act of speaking base and defamatory words which tend to prejudice another in their reputation, office, trade, business, or means of livelihood. While many believe that "private" conversations are shielded from legal repercussions, the law provides a specific framework where even one-on-one dialogues can lead to criminal liability.

Under the Revised Penal Code (RPC), specifically Article 358, slander is categorized into two types:

Grave Slander: When the defamation is of a serious and insulting nature.
Simple Slander: When the words used are not so serious in nature.

The Essential Elements of Oral Defamation

For a case of oral defamation to prosper, the following four elements must be established beyond reasonable doubt:

Allegation of a Crime, Vice, or Defect: There must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance.
Publicity: The defamatory words must be uttered in the presence of or heard by a third person.
Malice: The speaker must have the intention to cause dishonor, discredit, or contempt upon the person defamed.
Identifiability: The person defamed must be identified or identifiable from the words spoken.

The Myth of the "Private Conversation"

A common misconception is that if a statement is made in a private room or a "one-on-one" setting, it cannot be slander. In Philippine jurisprudence, the element of Publicity is met as long as a third person—someone other than the speaker and the subject of the defamation—hears the remarks.

The Third-Party Rule: If you insult someone to their face while a neighbor, a coworker, or even a bystander overhears you, the requirement for publicity is satisfied.
The Eavesdropping Exception: Generally, if a conversation is intended to be strictly private and a third party "sneaks" or eavesdrops without the speaker's knowledge, the element of malice or the intent to publicize may be harder to prove, though this is subject to the specific facts of the case.

Grave vs. Simple Slander

The distinction between "Grave" and "Simple" slander is crucial as it determines the severity of the penalty and the prescription period of the crime.

Category	Description	Examples
Grave Slander	Words that are highly insulting or impute a serious crime.	Accusing someone of a heinous crime (e.g., "You are a murderer/rapist") or using exceptionally foul language intended to destroy someone's social standing.
Simple Slander	Words that are mildly insulting or uttered in the heat of anger without the intent to truly defame.	Name-calling during a petty argument (e.g., "You're an idiot") where the context suggests a momentary outburst rather than a calculated character assassination.

Legal Note: The courts often look at the social standing of the parties, the circumstances of the utterance, and the degree of insult to determine if the slander is Grave or Simple.

Common Defenses in Slander Cases

The Truth: While truth is a defense, it is not absolute. In defamation, one must also prove that the statement was made with good motives and justifiable ends.
Privileged Communication: Statements made in the performance of a legal, moral, or social duty (e.g., a witness testifying in court or a supervisor giving a performance review) are generally protected.
Anger and Obfuscation: If the words were uttered in the "heat of anger" or as a reaction to a provocation, the court may downgrade the charge from Grave Slander to Simple Slander, or in some cases, treat it as a light coercion or unjust vexation.

Penalties and Prescription

Grave Slander: Punishable by arresto mayor in its maximum period to prision correccional in its minimum period. The crime prescribes (expires) in six months.
Simple Slander: Punishable by arresto mayor in its minimum period or a fine. The crime prescribes in two months.

Failing to file a formal complaint within these prescription periods bars the victim from pursuing the case.