1. Overview

In Philippine law, what most people call “public insult” usually falls under oral defamation (slander) or slander by deed, both found in the Revised Penal Code (RPC).

Oral defamation (Art. 358, RPC) – defamatory words spoken against a person.
Slander by deed (Art. 359, RPC) – acts (not words) that publicly insult or humiliate a person, like slapping or spitting in someone’s face before a crowd.

This article focuses mainly on oral defamation but also explains how public insult fits into the legal framework, and how to actually file a case (criminal and civil), including barangay conciliation, evidence, venue, prescription, defenses, and practical tips.

(General note: Laws and jurisprudence evolve. This is general information, not a substitute for specific legal advice.)

2. Legal Framework

2.1 Constitutional Basis

The 1987 Constitution guarantees:

Freedom of speech (Art. III, Sec. 4)
Right to privacy and reputation (via due process and the Civil Code)

Freedom of expression is not absolute. Speech that unjustly injures another’s honor, reputation, or person can be punished as defamation, whether:

Written / online → usually libel
Spoken and transient → oral defamation (slander)

Courts balance:

The value of speech (criticism, political opinion, public concern)
The protection of dignity and reputation

3. What Is Oral Defamation?

3.1 Definition

Oral defamation is the speaking of defamatory words about another person, which:

Impute a crime, vice, defect, or dishonorable condition, or
Otherwise tend to dishonor, discredit, or put the person in contempt or ridicule,
In the presence of another person (at least one third person), and
With malice (presumed if the words are defamatory per se).

The key idea: someone’s honor and reputation are attacked verbally, and heard by someone else.

3.2 Elements of the Crime

To file and eventually secure a conviction for oral defamation, these elements must be proven:

There was an imputation – You actually uttered the words or statements.
The imputation is defamatory – It harms the person’s reputation or dignity.
It was communicated to a third person – Another person (not just the attacker and victim) heard it.
It refers to a specific, identifiable person – The offended party, even if not named, must be identifiable.
It was done maliciously – Either:
- Malice in fact: clear intent to insult, or
- Malice in law: presumed from the defamatory nature of words, unless it’s privileged communication.
Jurisdictional facts – It happened within the Philippines and within the prescriptive period.

3.3 Grave vs. Slight (Simple) Oral Defamation

The law and jurisprudence distinguish two levels:

Grave oral defamation Considered serious because of:
- Nature of words (extremely insulting, imputing serious crimes, or attacking morality, chastity, or integrity)
- Circumstances (publicly shouted, in front of many people, with clear intent to humiliate)
Slight (simple) oral defamation
- Insults that are less serious, more like ordinary outbursts or mild offensive remarks, without the same gravity.

Courts consider:

Status of the offended party (ordinary private person vs public official)
Relationship between parties
Time, place, and occasion
Actual words used

The same words can be treated as grave or slight depending on context.

4. What Is “Public Insult” in Law?

“Public insult” is more of a layman’s term than a named crime, but it usually refers to:

Oral defamation committed in public, or
Slander by deed (Art. 359) – e.g., slapping, pointing a dirty finger, throwing things at someone in front of others to humiliate them.

In practice:

If the insult is verbal → usually oral defamation.
If the insult is by action (no or few words) → may be slander by deed.

The “public” aspect matters because:

It can show greater malice and greater damage to reputation.
It can be used to argue that the defamation is grave, not slight.
There may be more witnesses, which helps or hurts depending on which side you’re on.

5. Distinguishing Oral Defamation from Related Offenses

5.1 Oral Defamation vs. Libel

Oral defamation – spoken, transient words.
Libel (Art. 353, RPC) – defamation by writing, print, radio, TV, or similar means (and by law, also online postings – typically classified as libel or cyberlibel).

Key difference: form of communication.

If the insult is in:

Facebook post, Tweet, blog, or group chat screenshot (text/image) → likely libel/cyberlibel, not oral defamation.
Livestream or in-person speech → may be oral defamation (though some broadcasts can be treated as libel).

5.2 Oral Defamation vs. Slander by Deed

Oral defamation – insulting words.
Slander by deed – insulting acts (e.g., gesture, slap) clearly meant to degrade or humiliate.

5.3 Oral Defamation vs. Unjust Vexation / Grave Coercion

Unjust vexation – irritation, annoyance, or disturbance of another’s peace without justification, even if not clearly defamatory.
Some public insults that are more about harassment and less about reputation may fall here.
Grave coercion – using violence, threats, or intimidation to compel another to do something against their will.

A good lawyer will analyze the facts to decide what charge (or combination) fits best.

6. Penalties and Prescription (Time Limit to File)

(Amounts of fines have been adjusted by later laws; imprisonment ranges are more stable. Exact updated amounts should be checked with current statutes.)

6.1 Penalties

Grave oral defamation
- Punishable by correctional imprisonment (months to years) and/or a fine.
Slight oral defamation (light offense)
- Punishable by shorter imprisonment (arresto menor) and/or a fine.

The exact penalty depends on:

Classification (grave vs slight)
Circumstances (recidivism, aggravating/mitigating circumstances)

6.2 Prescriptive Period (Deadline to File Criminal Case)

Under the Revised Penal Code, as amended:

Oral defamation and slander by deed generally prescribe in six (6) months.
Light offenses (including some slight oral defamation) prescribe in two (2) months.

Meaning: If you file the criminal complaint after the prescriptive period, the case can be dismissed because the State has lost the right to prosecute.

Practical takeaway: If you are offended by a public insult or oral attack, don’t wait too long. Talk to a lawyer or the prosecutor’s office as soon as reasonably possible.

7. Criminal Case: How to File for Oral Defamation / Public Insult

Filing a criminal case generally involves several stages.

7.1 Determine Whether Barangay Conciliation Is Required

Under the Katarungang Pambarangay Law, many cases between individuals must first go through barangay mediation / conciliation, if:

Parties are natural persons,
They live in the same city/municipality, and
The offense is not among the exceptions (e.g., offenses punishable by more than 1 year imprisonment or fine above the statutory cap; cases where one party is a government employee in relation to office, etc.).

Many slight oral defamation cases must go to the Lupong Tagapamayapa first.

If you bypass mandatory barangay conciliation when required, your case may be dismissed for lack of jurisdiction or prematurity.

Steps here:

Go to the barangay hall where either:
- The offense was committed, or
- The respondent (offender) resides.
File a complaint with the Punong Barangay.
Attend the mediation and conciliation hearings.
If no settlement occurs, you get a Certification to File Action, which you will attach to your complaint to the prosecutor or court.

7.2 Document the Incident

Before formal filing, gather and organize:

Your detailed narration – dates, time, place, exact words said, who was present.
Witnesses – their full names, contact details, and a short summary of what they saw/heard.
Physical or digital evidence, if any:
- Photos or videos showing the incident
- Messages or admissions afterward
- Police blotter entries

Important on recordings: Secret audio recordings of private communications may be illegal or inadmissible under the Anti-Wiretapping Law. Always consult a lawyer before relying on such recordings.

7.3 Filing a Complaint-Affidavit with the Prosecutor’s Office

Unless the law allows direct filing with the court, you will usually:

Prepare a Complaint-Affidavit that states:
- Your personal circumstances
- The respondent’s personal circumstances
- Clear narration of facts in chronological order
- Specific offense charged (e.g., Grave Oral Defamation under Art. 358)
- How the elements of the crime are present
- Prayer for the filing of an Information in court
Attach:
- Annexes – supporting documents, photos, copies, etc.
- Affidavits of witnesses (sworn statements).
- Barangay Certification to File Action, if required.
Have all affidavits subscribed and sworn before a prosecutor or authorized officer.
File them with the Office of the City/Provincial Prosecutor where the offense was committed.

7.4 Preliminary Investigation

The prosecutor will:

Docket the case, assign a case number.
Issue a subpoena to the respondent, who will file a Counter-Affidavit.
Possibly hold clarificatory hearings if needed.
After evaluation, issue a Resolution:
- Finding probable cause – and recommend filing of an Information in court, or
- Dismissing the complaint – for lack of probable cause, prescription, or other reasons.

If probable cause is found, the court (usually a Municipal/Metropolitan Trial Court) acquires jurisdiction once the Information is filed.

7.5 Court Proceedings

After filing in court:

Arraignment – the accused is informed of the charge and enters a plea.
Possible Mediation / Plea bargaining / Settlement
Pre-trial – issues are defined; witness lists and evidence are marked.
Trial proper – presentation of evidence by prosecution and then defense.
Decision – conviction or acquittal.
Possible appeal to higher courts.

8. Civil Liability and Separate Civil Action

Defamation gives rise to civil liability, either:

As a consequence of the criminal case, or
Through a separate civil action, based on the Civil Code, such as:
- Article 19, 20, 21 – abuse of rights and acts contrary to morals, good customs, or public policy
- Article 26 – privacy, dignity, and peace of mind
- Article 2180 – employer liability for acts of employees in some cases

Damages can include:

Actual damages – provable financial loss (therapy, lost income, etc.)
Moral damages – for mental anguish, wounded feelings, and social humiliation
Exemplary damages – to serve as example or correction for public good
Attorney’s fees and costs

You may:

Let civil liability be impliedly instituted with the criminal case, or
Reserve your right to file a separate civil action.

Strategy on this is best discussed with a lawyer.

9. Venue and Jurisdiction

For oral defamation:

The case is generally filed in the court of the place where the defamatory words were uttered.

Practical points:

If the insult happened in a public place (e.g., market, school, office), that’s usually the venue.
Witnesses from that locality strengthen the case.

For civil cases, venue may differ:

Where the plaintiff resides, or
Where the defendant resides, at the plaintiff’s option (subject to Rules of Court).

10. Defenses Against Oral Defamation

If you are accused of oral defamation, several defenses may be available:

10.1 Not Defamatory / Not Referring to the Complainant

Words are not defamatory in their natural and ordinary meaning.
The statement does not identify the complainant or is too vague.

10.2 Privileged Communication

Some statements are privileged:

Absolutely privileged – e.g., statements made by legislators in Congress debates. These are generally not actionable.
Qualifiedly privileged – e.g., fair and true reports in official proceedings, good-faith communications in performance of a duty, or to a person with legitimate interest.

In qualified privilege, malice is not presumed – the complainant must prove actual malice.

10.3 Truth and Good Motive

In some circumstances, truth can be a defense, particularly if:

The matter is of public interest, and
It was uttered with good motives and for justifiable ends (e.g., legitimate whistleblowing).

However, truth is not always an absolute defense in oral defamation, especially in purely private matters said with clear intent to humiliate.

10.4 Fair Comment on Public Figures

Public officials and public figures must tolerate a wider margin of criticism, particularly on matters of public concern.

Fair comment, based on facts and made in good faith, can be protected, especially when it falls under qualified privilege and lacks actual malice.

10.5 Lack of Malice / Heat of Passion / Self-Defense in Speech

Courts sometimes recognize:

Heat of passion – spontaneous outburst due to provocation; may lower the gravity to slight oral defamation.
Self-defense in speech – responding to a prior attack or accusation.
Lack of malice – jokes or banter that, in context, were not meant to harm reputation.

11. Practical Tips If You Are the Offended Party

Move quickly.
- Be aware of the short prescriptive periods (2 months for some light offenses, 6 months for oral defamation).
Write everything down immediately.
- Dates, times, location, exact words, names and contact details of witnesses.
Talk to a lawyer early.
- To classify whether it’s oral defamation, slander by deed, libel, unjust vexation, or another offense.
Consider barangay settlement.
- Many cases are resolved via apology, retraction, or monetary settlement, which may be faster and less emotionally draining.
Be realistic about cost, time, and emotional toll.
- Defamation cases can take years and cost money; evidence and witnesses may weaken over time.
Preserve your own dignity.
- Avoid retaliating with your own insults or posts that might expose you to counterclaims (libel, cyberlibel, oral defamation, etc.).

12. Practical Tips If You Are Accused

Do not panic; do not rush into counter-insults.
- Anything you say or post can be used against you.
Consult a lawyer.
- Bring all documents, screenshots, and your own account of what really happened.
Assess whether settlement is possible.
- A sincere apology or compromise can sometimes prevent a long, costly case.
Prepare your defenses.
- Were you quoting someone else? Was it a joke in context? Was there provocation? Are there witnesses who can clarify what was actually said?

13. When to Consider Alternative Remedies

Not every public insult is worth a full-blown criminal case. Other options include:

Demand letter – asking for apology, retraction, or clarification.
Formal HR complaint – if it happened at work.
School disciplinary proceedings – for school-related incidents.
Restorative justice / mediation – focusing on apology, acknowledgment of harm, and repairing relationships.

Sometimes, a written apology and clear recognition that the insult was wrong can be more valuable than a conviction.

14. Summary

In the Philippines, what people commonly call “public insult” typically translates to:

Oral defamation – defamatory words spoken in public; or
Slander by deed – humiliating acts performed in front of others.

To file a case, you need to:

Determine if barangay conciliation is required.
Document the incident and gather witnesses.
Prepare a Complaint-Affidavit and supporting documents.
File with the prosecutor, go through preliminary investigation, and if probable cause is found, proceed to trial in court.
Decide whether to pursue civil damages, either with the criminal case or separately.

Defamation law is a delicate balance between protecting reputation and upholding free speech, and both complainants and accused must act carefully, preferably with guidance from competent counsel.