In the Philippine legal system, "Oral Defamation," or slander, is a criminal offense defined under Article 358 of the Revised Penal Code (RPC). It involves the speaking of base, defamatory words against another, which tends to cause dishonor, discredit, or contempt. When the perpetrator is a minor (a person under 18 years of age), the legal landscape shifts significantly from standard criminal prosecution to a framework governed by restorative justice.

1. The Legal Basis: Oral Defamation

Oral defamation is categorized into two types based on the severity of the insult:

Serious Oral Defamation: When the defamatory statements are of such a nature as to seriously insult or damage the reputation of the victim.
Slight Oral Defamation: When the utterances are minor or made in the heat of anger without the intent to cause lasting damage.

2. Criminal Responsibility of the Minor (R.A. 9344)

The prosecution of a minor is governed by Republic Act No. 9344, or the Juvenile Justice and Welfare Act of 2006, as amended by R.A. 10630. The age of the child at the time of the commission of the act is the deciding factor:

15 Years Old and Below: These minors are exempt from criminal liability. They cannot be charged in court for oral defamation. However, they must undergo a community-based intervention program.
Above 15 but Below 18 Years Old:
Without Discernment: If the minor acted without the capacity to distinguish right from wrong, they are exempt from criminal liability.
With Discernment: If the minor acted with discernment, they can be subjected to a diversion program or, in certain cases, a formal criminal proceeding.

3. The Role of Discernment

"Discernment" is the mental capacity to understand the consequences of one's actions. In cases of oral defamation, a Social Worker from the Department of Social Welfare and Development (DSWD) will conduct an assessment to determine if the minor knew that their words were wrongful and would cause harm.

If discernment is found, the case may proceed to the Prosecutor’s office. If no discernment is found, the case is dismissed, and the child is released to the parents with a required intervention plan.

4. Civil Liability of Parents

While a minor may be exempt from criminal liability, they are not necessarily exempt from civil liability (damages). Under Article 2180 of the Civil Code, parents are primary responsible for the damages caused by their minor children who live in their company.

As a victim, you may file a civil suit for Moral Damages (for mental anguish and besmirched reputation) and Exemplary Damages against the parents, even if the minor cannot be jailed.

5. Procedural Steps for Filing

I. Barangay Conciliation

Before filing any case in court, the parties must undergo mediation at the Lupong Tagapamayapa (Barangay level) if they reside in the same city or municipality. Since the respondent is a minor, their parents or guardians must represent them. If no settlement is reached, a "Certificate to File Action" will be issued.

II. Filing the Complaint

The victim must execute a Complaint-Affidavit detailing the time, place, and specific defamatory words used. This is filed at the Office of the City or Provincial Prosecutor.

III. Preliminary Investigation

The Prosecutor will determine if there is "probable cause." If the respondent is a minor, the Prosecutor will involve the DSWD to assess discernment.

IV. Diversion Programs

If the minor is found liable but qualifies under the law, the case may be diverted away from court through a "Diversion Program." This involves counseling, apologies, or community service, aimed at rehabilitation rather than punishment.

6. Essential Evidence

To build a strong case for oral defamation, the following are required:

Witnesses: Defamation requires "publication," meaning at least one person other than the victim must have heard the words spoken.
Context: Evidence showing the words were meant to insult (not just an outburst during a fight).
Impact: Proof of how the words damaged your reputation or social standing.

Summary Table: Liability at a Glance

Age of Minor	Criminal Liability	Civil Liability (Parents)	Primary Action
Below 15	Exempt	Liable	Intervention Program
15 to 17 (No Discernment)	Exempt	Liable	Intervention Program
15 to 17 (With Discernment)	Liable (with mitigation)	Liable	Diversion or Court Case