In the Philippine legal system, "Slight Physical Injuries" and "Oral Defamation" (Slander) fall under the Revised Penal Code. These are common grievances arising from neighborhood disputes, workplace altercations, or heat-of-the-moment confrontations. Understanding the legal process—from the initial act to the courtroom—is essential for seeking justice.
1. Defining the Offenses
Slight Physical Injuries (Art. 266, RPC)
This crime occurs when the physical injuries sustained by the victim do not prevent them from performing their habitual labor, nor do they require medical attendance for more than nine days. It is categorized into three types:
- Injuries that incapacitate the victim for 1 to 9 days or require medical attendance for the same period.
- Injuries that do not prevent the victim from engaging in their habitual labor nor require medical attendance.
- Physical ill-treatment of another which does not cause an actual injury (e.g., a slap that doesn't leave a bruise but is offensive).
Oral Defamation (Art. 358, RPC)
Also known as Slander, this is libel committed by oral means. It is the speaking of base and defamatory words which tend to prejudice another in their reputation, office, trade, business, or means of livelihood.
- Simple Slander: Insulting words used in a heat of anger.
- Grave Slander: Serious and insulting words that seriously damage the victim’s reputation, taking into account the social standing of the parties and the circumstances of the case.
2. The Condition Precedent: Barangay Conciliation
Under the Katarungang Pambarangay Law (Local Government Code), both Slight Physical Injuries and Oral Defamation are generally subject to mandatory barangay conciliation if the parties reside in the same city or municipality.
- The Certificate to File Action (CFA): You cannot go straight to the Prosecutor’s Office. You must first file a complaint with the Lupong Tagapamayapa. If mediation fails or the respondent refuses to show up after three summons, the Barangay Captain will issue a CFA.
- Exceptions: Conciliation is not required if the parties reside in different cities (not adjoining), if the case is about to prescribe, or if the accused is under police detention.
3. The Prosecution Process
Once you have your CFA, the formal legal process begins.
Step 1: Filing the Complaint-Affidavit
The victim (Complainant) must prepare a Complaint-Affidavit detailing the facts of the case. This must be supported by:
- For Slight Physical Injuries: A Medical Certificate issued by a licensed physician.
- For Oral Defamation: Affidavit of Witnesses who heard the defamatory remarks.
This is filed before the Office of the City or Provincial Prosecutor.
Step 2: Preliminary Investigation or Summary Procedure
Most cases of Slight Physical Injuries and Simple Slander fall under the Rules on Summary Procedure.
- The Prosecutor determines if there is Probable Cause.
- If cause is found, an "Information" (the formal criminal charge) is filed in the Municipal Trial Court (MTC) or Metropolitan Trial Court (MeTC).
Step 3: Arraignment and Trial
The court will set the case for arraignment where the accused enters a plea (Guilty or Not Guilty). If no settlement is reached during the pre-trial, the case proceeds to a trial where evidence is presented.
4. Prescription Periods (Statute of Limitations)
Time is of the essence. If you wait too long, the right to file expires.
| Crime | Prescription Period |
|---|---|
| Slight Physical Injuries | 2 Months |
| Oral Defamation (Slander) | 6 Months |
Note: The period begins from the day the crime was discovered by the offended party. Filing the complaint at the Barangay level "interrupts" or pauses this countdown.
5. Penalties and Consequences
The Revised Penal Code imposes the following:
- Slight Physical Injuries: Usually Arresto Menor (1 to 30 days imprisonment) or a fine.
- Oral Defamation: * Simple: Arresto Menor or a fine.
- Grave: Arresto Mayor in its maximum period to Prision Correccional in its minimum period (roughly 4 months to 2 years).
In both cases, the court may also award Civil Indemnity (damages) to the victim for moral suffering or medical expenses.
6. Key Evidence Requirements
To ensure a high probability of conviction, the following evidence is crucial:
- Medical Certificate: For physical injuries, this is non-negotiable. It must clearly state the estimated period of healing.
- Affidavits of Disinterested Witnesses: Friends or relatives can testify, but third-party witnesses who have no stake in the dispute are more credible.
- Audio/Video Recordings: While the Philippines has a Anti-Wiretapping Act, recordings made in public places where there is no reasonable expectation of privacy (like a public street or a barangay hall) are generally admissible to prove oral defamation.