In the Philippines, oral defamation (slander) is a criminal offense defined under the Revised Penal Code. However, when the perpetrator is a minor, the legal landscape shifts from purely punitive measures to a framework centered on rehabilitation and restorative justice, governed primarily by Republic Act No. 9344, or the Juvenile Justice and Welfare Act of 2006 (as amended).

1. Understanding the Offense: Oral Defamation

Oral defamation, or Slander, is the speaking of base and defamatory utterances which tend to blacken the memory of one who is dead, or to impeach the honesty, virtue, or reputation of a living person. It is categorized into two types:

Simple Slander: Utterances that are not of a serious nature.
Grave Slander: Utterances that are serious and insulting, taking into account the social standing of the parties and the circumstances of the case.

2. The Age of Criminal Responsibility

Before filing a case, one must determine the age of the child at the time the offense was committed. Under Philippine law:

15 years old and below: The minor is exempt from criminal liability. They cannot be prosecuted in court, but they may be subject to an intervention program.
Above 15 but below 18 years old: The minor is also exempt from criminal liability unless they acted with discernment. Discernment is the capacity to distinguish right from wrong and understand the consequences of one's actions.

3. The Procedure for Filing

Filing a case against a minor does not follow the standard adult criminal procedure.

The Barangay Level (Katarungang Pambarangay)

Since slander is generally a light or less grave offense, the case must first undergo mediation at the Barangay level. However, if the perpetrator is a minor, the Barangay Lupon must coordinate with a Social Worker.

The Role of Social Workers

Once a complaint is lodged, a Social Worker from the Local Social Welfare and Development Office (LSWDO) must conduct an Initial Assessment. Their goal is to determine:

The circumstances of the offense.
The child's family environment.
Whether the child acted with discernment.

Diversion Programs

Whenever possible, the law mandates Diversion. This is an alternative, child-appropriate process that avoids formal court proceedings. If the minor is found responsible, they may be required to:

Issue a formal apology.
Undergo counseling.
Perform community service.
Pay for civil damages (usually handled by the parents).

4. Filing in Court (The Last Resort)

A formal criminal case in a Family Court can only proceed if:

The minor is above 15 but below 18.
The Social Worker determines they acted with discernment.
The Diversion program is deemed inappropriate or has failed.

If these conditions are met, the prosecutor files an "Information" in court. Even then, the proceedings are closed to the public to protect the privacy of the child.

5. Civil Liability of Parents

While a child under 15 is exempt from criminal liability, they are not exempt from civil liability (damages). Under the Civil Code of the Philippines (Art. 2180), parents are primarily responsible for the damages caused by their minor children living in their company.

If the slanderous remarks caused actual harm to your reputation or mental anguish, you may file a civil suit for Moral Damages against the parents, regardless of whether a criminal case proceeds.

6. Key Considerations and Limitations

Confidentiality: The records of a minor in a defamation case are strictly confidential. Any person who violates this confidentiality can be held criminally liable.
Prescription Period: Oral defamation has a very short prescriptive period. Simple Slander prescribes in two months, while Grave Slander prescribes in six months. If you do not file within this window, you lose the right to prosecute.
The "Best Interest of the Child": Philippine courts prioritize the welfare of the minor. Judges are generally hesitant to impose harsh penalties for verbal altercations involving children, often favoring reconciliation over litigation.