1) Overview

“Oral defamation” (also called slander) happens when a person speaks words that damage another person’s reputation. In Philippine criminal law, it is punishable under the Revised Penal Code (RPC). Oral defamation is commonly invoked in disputes involving verbal insults, public shaming, accusations of immorality or crime, humiliating remarks, and similar statements spoken to others.

Oral defamation has two levels:

Slight oral defamation (less serious)
Grave oral defamation (serious)

The difference is not just the vocabulary used. Courts look at the context: the nature of the words, the manner of delivery, the circumstances, the relationship of the parties, and the impact on the offended party.

This article focuses on grave oral defamation and the practical steps for filing a complaint in the Philippines.

2) Legal Basis and Key Concepts

A. Oral Defamation Under the Revised Penal Code

Oral defamation is a crime under the RPC provision on defamation. In general terms, defamation is an imputation of a discreditable act or condition, made publicly, that tends to cause dishonor or contempt.

Oral defamation is simply defamation done by spoken words, not by writing or similar means.

B. “Grave” vs “Slight”

There is no fixed list of “grave words.” Philippine courts usually treat as “grave” those utterances that are:

Highly insulting or inherently degrading
Accusations of serious wrongdoing (e.g., calling someone a thief, prostitute, drug dealer, rapist) especially when said as a factual assertion
Delivered in a manner showing clear intent to humiliate (shouting, making a spectacle, repeated taunts)
Spoken in circumstances that make the harm worse (e.g., in front of neighbors, co-workers, customers, in a public event, or over a loudspeaker)

However, even harsh words can be downgraded to slight if the setting suggests an outburst of anger without sustained intent to destroy reputation, or if the words are closer to vulgar abuse than a reputational accusation.

3) Elements of Oral Defamation

A criminal complaint for oral defamation generally must establish:

There was an imputation (or insult) that is defamatory—i.e., it tends to dishonor, discredit, or expose a person to contempt or ridicule.
The imputation was made orally.
It was made publicly, meaning it was heard by someone other than the offended party (even one other person can be enough).
The person making the statement acted with malice (intent to injure reputation), unless the situation falls under recognized privileged communications.

For grave oral defamation, the prosecution must additionally show that the words and context make the defamation serious.

4) “Publicity” Requirement: Why Witnesses Matter

A common misunderstanding is thinking that insulting someone directly is automatically oral defamation. If only the offended person heard it, it becomes difficult to establish “publicity.” A complaint is strongest when there is at least one independent witness who heard the exact words (or a reliable recording showing they were spoken and heard).

Examples where “publicity” is usually present:

The statement was uttered in front of neighbors, customers, officemates, classmates, barangay attendees, or passersby.
The statement was shouted so others could hear.
The speaker repeated the insult to third persons.
The remark was made during a confrontation with bystanders.

5) Malice and Intent

Defamation typically presumes malice when the imputation is defamatory and public. Still, context matters:

Heat of anger may reduce seriousness (often affecting whether it is grave or slight), but it does not automatically erase liability.
Truth is not an all-purpose defense for oral defamation in the same way people assume. Even “true” statements can still lead to liability if they are not within lawful, good-faith contexts—though defenses differ depending on circumstances.
Good motives and justifiable ends can matter, especially in contexts like reporting wrongdoing to authorities.

6) Common Defenses and Obstacles

A. Not Defamatory / Mere Opinion / Vulgar Abuse

If the words are seen as mere name-calling without an imputation of a discreditable act/condition, the case may weaken or be treated as slight.

B. Lack of Publicity

No credible third-party witness, no proof the words were heard by others.

C. Privileged Communications

Some communications are protected, especially those made:

In official proceedings or pleadings (if relevant and made in good faith)
In lawful reporting to authorities (police blotter/complaints), when done honestly and without malice

Privilege is a complex area; it does not protect plainly malicious attacks disguised as “reports.”

D. Identity and Proof Problems

If the accused denies speaking the words, the case becomes a credibility contest. Clear witness testimony, recordings, or contemporaneous reports help.

7) Grave Oral Defamation vs Other Related Offenses

A. Unjust Vexation / Alarms and Scandals

If the behavior is more about annoyance, disturbance, or public disorder rather than reputational harm, authorities sometimes consider other offenses. This is fact-specific and depends on what can be proven.

B. Threats or Harassment

If the words include threats of harm, that can point to separate criminal offenses.

C. Cyber Issues

If the insults are delivered through online posts/messages, the issue may shift toward written defamation (libel) and possibly cyber-related statutes. Grave oral defamation is about spoken words, not posts.

8) Where to File: Barangay, Prosecutor, and Courts

A. Barangay Conciliation (Katarungang Pambarangay)

Many interpersonal disputes must first go through barangay conciliation if:

Both parties are residents of the same city/municipality, and
The dispute is within the barangay justice system’s coverage, and
No exception applies (e.g., parties in different cities/municipalities, certain urgent cases, etc.)

If covered, you generally need a Certificate to File Action (CFA) from the barangay before filing in court or prosecutor’s office.

B. Prosecutor’s Office (City/Provincial Prosecutor)

Criminal cases for oral defamation are typically initiated by filing a criminal complaint-affidavit with supporting evidence at the prosecutor’s office for inquest/regular preliminary investigation processes depending on circumstances (most are regular).

C. Court Filing After Prosecutor Action

If probable cause is found, the prosecutor files the Information in court. The court then issues process (summons/warrant depending on the situation and rules).

9) Prescription (Time Limits)

Defamation cases have prescriptive periods (time limits) that are relatively short compared with many other crimes. Practically, this means you should act quickly. Because prescription depends on the penalty classification and circumstances, it’s risky to delay: gather evidence promptly and file as soon as possible.

10) Evidence: What to Prepare

Strong oral defamation complaints are evidence-driven. Useful materials include:

Affidavit of the complainant (clear narration: date, time, place, exact words, persons present, how it was heard).
Affidavits of witnesses who heard the words and can recount them consistently.
Audio/video recordings, if lawfully obtained and reliable (recordings are often disputed; authenticity matters).
Screenshots or posts only if relevant to show context (but online insults usually fall under different legal frameworks).
Barangay documents (summons, minutes, settlement attempts, CFA).
Medical/psychological documents only if relevant to damages (civil aspect) or to show serious effects.

When describing the spoken words, include the exact phrases as close as possible, including the language/dialect used, and note tone (shouting, repeated statements) and audience.

11) Step-by-Step: Filing a Complaint for Grave Oral Defamation

Step 1: Document Immediately

Write down the exact words, the time/date/place, and the names of those present.
If there were multiple incidents, list each separately.

Step 2: Identify Witnesses and Secure Statements

Approach persons who heard the statement and ask if they are willing to execute an affidavit.
Independent witnesses (not close relatives) can help credibility.

Step 3: Consider Barangay Conciliation First (If Required)

File a complaint at the barangay where the respondent resides or where the incident occurred (depending on barangay practice).
Attend mediation/conciliation.
If no settlement, secure the Certificate to File Action.

Step 4: Draft the Complaint-Affidavit

Your complaint-affidavit typically contains:

Parties’ identities and addresses
Detailed facts (chronological)
The exact defamatory words
Proof of “publicity” (who heard it)
Why it is “grave” (circumstances, humiliation, imputations, repetition)
List of evidence and attached affidavits/documents
Prayer for the filing of the appropriate criminal charge

Step 5: File with the Prosecutor’s Office

Submit the complaint-affidavit and annexes.
Pay any required administrative fees (varies by office).
The prosecutor will issue notices and require the respondent to submit a counter-affidavit.

Step 6: Participate in the Preliminary Investigation Process

You may need to submit a reply-affidavit.
The prosecutor evaluates probable cause.

Step 7: If the Case is Filed in Court

Be ready for arraignment, pre-trial, and trial.
Witnesses may need to testify.

12) How Courts Assess “Grave” in Practice

Courts commonly consider:

Nature of the imputation: Is it an accusation of a shameful act, immorality, or crime?
Public setting and audience: Was it done to shame the person publicly?
Social standing and relationship: Employer-employee, teacher-student, public figure-private person, neighbors, etc.
Manner of utterance: Calm assertion vs heated outburst; repeated or broadcast insults.
Provocation: Whether the offended party provoked the statement can affect the seriousness and sometimes penalties.

Because “grave” is context-specific, two cases using similar words may be treated differently depending on circumstances.

13) Possible Outcomes and Risks

A. Criminal Liability

If convicted, the accused faces a penalty based on whether the slander is grave or slight. Courts may also award civil damages within the criminal case.

B. Settlement and Desistance

Some complainants choose settlement at the barangay or even after filing. However, criminal cases are not purely private; prosecutors and courts control dismissal subject to rules. A “desistance” affidavit may not automatically terminate the case once it is in court.

C. Countercharges

Respondents sometimes file countercases (e.g., perjury if they claim your affidavit is false, or other retaliatory complaints). Accuracy and good faith matter.

14) Practical Drafting Tips for a Strong Complaint

Quote the words verbatim and indicate the language used.
State who heard it, where they were positioned, and why they could hear it.
Explain why it is defamatory: what it imputes and how it affects reputation.
Explain why it is grave: public humiliation, accusation of crime/immorality, repetition, power imbalance, deliberate shaming.
Avoid exaggeration; keep narration precise and consistent with witness accounts.
Attach barangay CFA if required.
Keep dates consistent; even small inconsistencies are commonly exploited in defenses.

15) Special Situations

A. Workplace Incidents

If the insult is spoken in front of coworkers or customers, “publicity” and gravity can be easier to prove. However, internal HR processes may also be relevant separately from criminal action.

B. Family and Neighbor Disputes

These often trigger barangay conciliation requirements and can involve multiple incidents over time. Document each incident, not just the worst one.

C. Public Officials and Public Issues

Statements tied to public interest can raise privilege and free speech issues, and the facts become more complex. The more the statement looks like a malicious personal attack rather than a good-faith discussion of public matters, the more exposure there is to defamation liability.

16) Frequently Asked Questions

“Is cursing at me automatically grave oral defamation?”

Not automatically. Vulgar words can still be defamatory, but courts distinguish between name-calling and defamatory imputation, and they evaluate context to determine whether it is grave or slight.

“Do I need multiple witnesses?”

Not strictly, but at least one credible witness is usually important to prove publicity, unless there is a reliable recording or other strong corroboration.

“What if the person said it in anger?”

Anger does not automatically excuse defamation. It can influence whether it is treated as grave or slight and can affect appreciation of circumstances.

“Can I file even if it happened only once?”

Yes. A single incident can be grave if the imputation and context are severe.

“Can I claim damages?”

Yes. Civil damages may be pursued in relation to the offense, often within the criminal action, subject to procedural rules and proof.

17) Summary Checklist for Complainants

Write down exact words, date/time/place, and names of listeners
Secure witness affidavits
Gather recordings or other corroboration (if available)
Determine if barangay conciliation is required; obtain CFA if needed
Prepare complaint-affidavit with annexes
File with the prosecutor’s office promptly to avoid prescription issues
Maintain consistency in all statements and evidence