Filing a Case for Oral Defamation (Slander) in the Philippines
(A Practical, Step‑by‑Step Legal Guide)
1. Overview
“Defamation” in Philippine law is the public and malicious imputation of a discreditable act, condition, status or circumstance to another. It may be written (libel) or spoken (oral defamation, better known as slander). Oral defamation is punished under Articles 358–360 of the Revised Penal Code (RPC), amended by later laws such as R.A. 10951 (2017, adjustment of fines) and interpreted by extensive Supreme Court jurisprudence. A single act can also give rise to an independent civil action for damages under Article 33, Civil Code.
2. Legal Foundations
| Provision | Key Points (Oral Defamation) |
|---|---|
| Art. 358, RPC | Defines oral defamation, distinguishes grave and simple slander, sets basic penalties. |
| Art. 359, RPC | Slander by deed (defamatory acts, not words). Closely related; procedures overlap. |
| Art. 360, RPC | Rules on venue, who may file, prescription (1 year), and prosecution requirement. |
| Art. 361–362, RPC | Defenses: truth of the imputation (when made in the performance of a legal, moral or social duty, and the person offended is a public officer regarding official duties) and privileged communications. |
| R.A. 10951 (2017) | Recalibrated fines (₱20,000 to ₱200,000) but left imprisonment ranges intact. |
| Barangay Justice System Act (R.A. 7160, §§399‑422) | Requires katarungang pambarangay mediation for most slander cases when parties reside in the same city/municipality, unless an exception applies. |
3. Elements You Must Prove
Imputation of an act/condition/status/circumstance that is:
- criminal, vice‑ridden, shameful, or generally dishonorable; or
- tends to cause the offended party’s dishonor, discredit or contempt.
Publication: the utterance is heard by a third person other than the complainant.
Malice – presumed by law; prosecution need not prove it unless the communication is privileged, then actual malice must be shown.
The complainant is identifiable, even if not named expressly (e.g., by pointing or description).
4. Classification & Penalties
| Type | Circumstances | Penalty (after R.A. 10951) | Court with Jurisdiction* |
|---|---|---|---|
| Grave Slander | Serious insult judged by social standing, place/time, words used, accompanying circumstances. | Prisión correccional in its minimum to medium period (6 months 1 day – 4 years 2 months) or fine ₱20 000–₱100 000, or both. | MTC/MTCC/MCTC (penalty ≤ 6 years) |
| Simple Slander | All other cases. | Arresto menor or arresto mayor (1 day – 6 months) or fine ₱20 000–₱40 000, or both. | MTC/MTCC/MCTC |
*Under the Judiciary Reorganization Act (B.P. 129, as amended by R.A. 7691), courts of the first level have exclusive original jurisdiction over offenses punishable by ≤ 6 years’ imprisonment, hence virtually all slander prosecutions begin in the MTC.
5. Step‑by‑Step Filing Process
Time‑bar: Act within one (1) year from the date the defamatory words were uttered; otherwise the criminal action prescribes.
Assess Barangay Conciliation Requirement
- Required if parties live in the same city/municipality and the offense is punishable by ≤ 1 year imprisonment or ≤ ₱5 000 fine (simple slander).
- Not required for grave slander (penalty exceeds 1 year) or if an exception applies—e.g., the accused is a public official acting in an official capacity, the complainant is a minor, or imminent violence is feared.
Gather Evidence
- Eyewitness affidavits describing the exact words, tone, and context.
- Audio/video recordings (check Anti‑Wiretapping Act compliance; consent recordings generally allowed).
- Circumstantial proof of publication (e.g., number of people present, their reactions).
- Proof of damages if you plan a civil action (medical records for emotional distress, lost opportunities, etc.).
Prepare a Sworn Complaint‑Affidavit
- State personal circumstances, narrate facts in chronological order, identify witnesses and attach their affidavits, list evidence, and swear before a prosecutor or authorized officer.
File with the Office of the City/Provincial Prosecutor
- Bring at least three copies plus annexes; pay docket fees (varies by LGU, ~₱500–₱1 500).
- Receive a Case Control Number and subpoena duces tecum/ad testificandum will be issued to the respondent.
Pre‑Investigation & Counter‑Affidavit
- Respondent has 10 calendar days (extendible) to submit a counter‑affidavit.
- Complainant may reply within 10 days if necessary.
- Parties may be called to a clarificatory hearing.
Resolution & Information
- Prosecutor issues a Resolution: dismiss or file Information in court.
- If probable cause exists, an Information is filed in the proper trial court; a warrant or summons follows.
Arraignment & Bail
- For bailable offenses (all slander), bail is set (surety, property, or cash).
- Accused is arraigned, enters plea, and the 90‑day trial clock (Speedy Trial Act) begins.
Pre‑Trial & Trial Proper
- Marking of exhibits, stipulations, and mediation.
- Prosecution presents evidence first; cross‑examination; followed by defense.
- Filing of memoranda or oral offer of evidence.
Judgment & Remedies
- Possible decisions: Acquittal, Conviction, or Civil Liability Only.
- Aggrieved party may appeal to the RTC, then to the Court of Appeals, and ultimately to the Supreme Court on pure questions of law.
6. Independent Civil Action for Damages
- Article 33, Civil Code: Allows a separate civil suit for defamation regardless of the criminal complaint.
- No need to reserve the civil action; it may proceed simultaneously.
- Remedies: Moral, nominal, temperate, exemplary damages plus attorney’s fees.
- Standard of proof: Preponderance of evidence (lower than criminal “beyond reasonable doubt”).
7. Defenses & Doctrinal Clarifications
Truth + Good Motive
- For private individuals: truth is not a complete defense unless also privileged (e.g., judicial proceedings).
- For public officers: truth and that the remarks were made with a lawful purpose or justified by the public interest.
Privileged Communications
- Absolute: legislative debates, official communications in judicial proceedings; cannot be prosecuted.
- Qualified: fair and true reports of official proceedings, comments on public figures, employee evaluations; actionable only if actual malice is proven (knowledge of falsity or reckless disregard).
Lack of Publication – statements heard solely by the offended party, or made in private with mutual consent.
Prescription – filing beyond 1 year from utterance extinguishes criminal liability.
Consent or Condonation – extremely rare; must be explicit.
8. Recent Landmark Cases & Practical Takeaways
| Case | Gist | Take‑Home Rule |
|---|---|---|
| Flores v. People, G.R. 233351 (Aug 15 2022) | Radio broadcaster’s on‑air remarks vs. vice‑mayor deemed grave slander. | Public officials offended by words in official context must still prove actual malice. |
| Villanueva v. People, G.R. 242746 (June 16 2021) | Statement made during barangay meeting found qualifiedly privileged; accused acquitted. | Community forums may be privileged if issue is of public concern and speaker acted in good faith. |
| Tulfo v. People, G.R. 195254 (Mar 21 2018) | Television host convicted; “pot session” insinuation not proven true. | Media must verify facts; truth alone is insufficient without good motive or justifiable aim. |
9. Strategic & Ethical Tips
- Act Quickly – gather affidavits while memories are fresh; file within the 1‑year prescriptive period.
- Mind Barangay Conciliation – non‑appearance may prompt dismissal for prematurity.
- Evaluate Settlement – mediation often results in apology/retraction; consider emotional and financial costs of litigation.
- Avoid Counter‑Suits – an ill‑prepared complaint can backfire; libel/slander suits are often met with counter‑defamation or malicious prosecution charges.
- Protect Evidence Integrity – unedited recordings, certified transcripts, and notarized affidavits enhance credibility.
- Consider Cyber Angle – the same spoken words posted online become cyber‑libel (R.A. 10175) with heavier penalties; choose the correct cause of action.
10. Conclusion
Oral defamation prosecutions balance two fundamental values: freedom of expression and the right to honor and reputation. While Philippine criminal law offers a clear framework to redress slander, successful litigation hinges on timely filing, solid evidence, and precise legal strategy. When in doubt, seek counsel from a lawyer experienced in criminal procedure and media law, and exhaust amicable remedies before resorting to the courts.
This article is for general information only and does not constitute legal advice. Laws and jurisprudence may evolve; consult a qualified attorney for guidance on a specific case.