Filing a Case for Slander or Oral Defamation in the Workplace

In the Philippine legal system, your reputation is a protected right. When someone spreads malicious statements about you verbally within a professional environment, it is categorized as Oral Defamation, commonly known as Slander.

The Revised Penal Code (RPC) and relevant labor jurisprudence provide the framework for addressing these grievances.


1. Defining Oral Defamation (Slander)

Under Article 358 of the Revised Penal Code, Oral Defamation is the speaking of base and defamatory words which tend to cause dishonor, discredit, or contempt of another person. In a workplace context, this often involves false accusations of theft, incompetence, immorality, or professional misconduct.

There are two types of Slander:

  • Simple Slander: Defamation that is not of a serious or insulting nature.
  • Grave Slander: When the utterances are serious and insulting, taking into account the social standing of the parties, the occasion, and the intent of the speaker.

2. The Four Essential Elements

For a case of Slander to prosper in court, the following elements must be proven beyond reasonable doubt:

  1. Allegation of a crime, vice, or defect: The statement must impute a crime, a vice, a defect (real or imaginary), or any act, omission, or condition.
  2. Publication: The defamatory words must be heard by a third person (other than the victim and the perpetrator). In an office setting, this usually means coworkers or clients.
  3. Identity of the person defamed: It must be clear that the words were directed at the complainant.
  4. Existence of Malice: The law presumes malice if the statement is defamatory. However, if the statement is a "privileged communication," the complainant must prove "malice in fact" (actual intent to harm).

3. The "Privileged Communication" Defense

In the workplace, many statements are considered Qualifiedly Privileged Communication. This occurs when a person (like a supervisor) makes a statement in the performance of a legal, moral, or social duty.

Example: An HR manager discussing an employee's performance issues during a formal evaluation is generally protected, provided the discussion is private and made without actual malice.


4. Administrative vs. Criminal vs. Civil Action

Victims of workplace slander in the Philippines have three potential avenues for redress:

A. Administrative (Internal)

Most companies have a Code of Conduct. You can file a formal grievance with the Human Resources (HR) Department. If the slanderer is a superior or coworker, their actions may constitute "Serious Misconduct" or "unprofessional behavior," which are grounds for disciplinary action or termination under the Labor Code.

B. Criminal Action

You may file a criminal complaint for Slander.

  • Jurisdiction: For Simple Slander, the case is filed with the Metropolitan or Municipal Trial Court. For Grave Slander, it may fall under the Regional Trial Court depending on the penalties involved.
  • Barangay Conciliation: Since most coworkers live or work in the same vicinity, the law often requires a "Certificate to File Action" from the Lupong Tagapamayapa (Barangay) before the case can be filed in court, unless the crime is about to prescribe or involves parties from different cities/provinces.

C. Civil Action

Under Article 33 of the Civil Code, a person can file an independent civil action for damages (moral, exemplary, and attorney's fees) arising from defamation. This is separate from the criminal case and requires a lower burden of proof (preponderance of evidence).


5. Step-by-Step Process for Filing

  1. Gather Evidence: Collect affidavits from coworkers who witnessed the utterance. Secure recordings (if legal) or screenshots of transcripts if the verbal abuse happened during a recorded virtual meeting.
  2. Barangay Mediation: Unless an exception applies, go to the Barangay where the incident occurred or where the respondent resides for mandatory mediation.
  3. Filing the Complaint: If mediation fails, bring the "Certificate to File Action" to the Office of the Prosecutor (Fiscal’s Office).
  4. Preliminary Investigation: The Prosecutor will determine if there is probable cause to file an "Information" (charge sheet) in court.
  5. Trial: If probable cause exists, the case goes to court.

6. Prescription Period (The Deadline)

Time is of the essence. Under the law:

  • Oral Defamation prescribes in six (6) months. This means you must initiate the legal process (filing the complaint with the prosecutor) within six months from the time the defamatory words were spoken or discovered. Failure to do so bars you from filing the case.

7. Penalties

  • Simple Slander: Arresto menor (1 to 30 days imprisonment) or a fine.
  • Grave Slander: Arresto mayor in its maximum period to Prision correccional in its minimum period (4 months and 1 day to 2 years and 4 months).
Factor Simple Slander Grave Slander
Nature Minor insults, "heat of the moment" Serious accusations of crimes or moral turpitude
Intent Lessened by immediate provocation Deliberate intent to ruin reputation
Penalty Light Afflictive/Correctional

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.