In the Philippine legal system, Slander is the oral form of defamation. It is governed primarily by the Revised Penal Code (RPC) and supplemental jurisprudence from the Supreme Court. While libel refers to defamatory remarks in writing or through similar media, slander covers those made through spoken words.

Legal Basis: Article 358 of the Revised Penal Code

Under Article 358 of the RPC, oral defamation is classified into two types based on the gravity of the insult and the circumstances:

Grave Slander: When the defamation is of a serious and insulting nature, significantly damaging the victim’s reputation.
Simple Slander: When the utterances are not of a serious nature or were made in the heat of anger or a "quarrel" (altercation).

The Four Essential Elements of Defamation

For a charge of slander to prosper, four cumulative elements must be proven beyond reasonable doubt:

1. Allegation of a Vice, Defect, or Crime

There must be an imputation of a crime, a vice or defect (real or imaginary), or any act, omission, condition, status, or circumstance. The words must be calculated to induce a bad opinion of the person in the minds of right-thinking neighbors.

2. Publicity

In the context of slander, "publicity" means that the defamatory words were spoken in the presence of or heard by a third person (other than the accused and the victim). If you insult someone privately with no one else listening, it is not slander.

3. Malice

Malice implies an intention to do a wrongful act. It can be:

Malice in Law: Presumed when the words are defamatory on their face.
Malice in Fact: Proven by showing a specific intent to cause harm or a grudge.

4. Identifiability of the Victim

The person being insulted must be identifiable. While the name doesn't always have to be mentioned, the description or context must leave no doubt in the minds of the audience as to who is being referred to.

Distinguishing Grave vs. Simple Slander

The distinction is crucial as it determines the penalty and the prescriptive period (the time limit to file the case). Philippine courts look at the following factors:

The Social Standing of the Parties: Remarks made against a person of high public standing may be viewed more severely.
The Context of the Utterances: Words spoken in the "heat of anger" during a mutual altercation are often downgraded from Grave to Simple Slander.
The Intent: Was the speaker aiming to destroy a reputation, or merely expressing frustration?

Note: Calling someone "thief" or "prostitute" in a public market is generally considered Grave Slander, whereas the same words used during a heated neighborhood dispute might be treated as Simple Slander.

The Issue of Prescription (Statute of Limitations)

One of the most technical aspects of slander in the Philippines is the timeline for filing a complaint:

Grave Slander: Prescribes in six (6) months.
Simple Slander: Prescribes in two (2) months.

If the victim fails to file a formal complaint with the prosecutor's office within these windows, the right to sue is lost.

Common Defenses in Slander Cases

Truth: If the statement is true and was made with good motives and for justifiable ends.
Privileged Communication: Statements made in the performance of a legal, moral, or social duty (e.g., a witness testifying in court).
Absence of Malice: Proving the words were spoken in jest or as a result of extreme provocation.
Lack of Publicity: Proving that no third party heard the remarks.

Procedural Requirement: Barangay Conciliation

Since slander is a crime against honor, and unless the parties reside in different cities/provinces or the penalty exceeds a certain threshold, the case must generally go through the Lupong Tagapamayapa (Barangay Justice System) first. A "Certificate to File Action" is usually required before the case can be elevated to the Prosecutor’s Office.