In the Philippines, the protection of one’s reputation is a matter of both civil and criminal law. While written defamation is known as Libel, defamation committed through oral means is categorized as Slander or Oral Defamation. This offense is governed primarily by the Revised Penal Code (RPC).

Understanding the grounds for filing such a case requires a deep dive into the legal elements, the classification of the offense, and the specific defenses available under Philippine jurisprudence.

I. Legal Definition and Basis

Oral Defamation is defined as the intentional and public adjudication of a crime, vice, defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead, made orally.

The primary legal basis is Article 358 of the Revised Penal Code.

II. Essential Elements of the Crime

For a case of Oral Defamation to prosper, the prosecution must prove the following four elements beyond reasonable doubt:

Imputation of a discreditable act or condition: There must be an allegation of a crime, a vice, a defect, or any act that tends to dishonor or discredit the victim.
Publication: In the context of slander, "publication" means the defamatory words were spoken in the presence of and heard by a third person (other than the speaker and the victim).
Identifiability: The victim must be clearly identified or at least identifiable from the context of the spoken words.
Malice: The speaker must have acted with ill will or a desire to cause harm. Under Philippine law, malice is generally presumed if the imputation is defamatory, except in cases of "privileged communication."

III. Classifications of Oral Defamation

Not all insults are created equal under the law. The RPC distinguishes between two types based on the severity of the insult and the circumstances:

Simple Oral Defamation: This involves utterances that are insulting but do not seriously damage the victim's reputation given the context, the relationship of the parties, and the heat of the moment.
Grave Oral Defamation: This occurs when the imputation is of a serious nature (e.g., accusing someone of a heinous crime) or when the circumstances of the utterance—such as the social standing of the parties or the presence of a large crowd—magnify the damage to the victim's honor.

Legal Note: The distinction is crucial because Grave Oral Defamation carries a heavier penalty and has a longer prescriptive period (the timeframe within which you can file the case).

IV. Determining "Grave" vs. "Simple" Slander

Philippine courts use the "Social Standing and Context" test. To determine if the slander is grave, the court considers:

The personal relations of the parties.
The occasion on which the words were spoken.
The educational attainment and social status of the parties.
Whether the words were spoken in the heat of anger or with deliberate intent to malign.

V. Common Defenses

A defendant in an oral defamation case may raise several defenses:

Truth: Under Article 361 of the RPC, the truth may be a defense if the accused proves that the imputation is true and that it was published with good motives and for justifiable ends.
Privileged Communication: Statements made in the performance of a legal, moral, or social duty (e.g., a witness testifying in court or a private complaint filed with a superior) are generally protected, provided there is no actual malice.
Heat of Anger: If the defamatory words were uttered in the heat of an immediate quarrel or as a reaction to a provocation, the court may downgrade the charge from Grave to Simple Oral Defamation, or even dismiss it if the language is considered "common vituperation."

VI. Procedural Requirements: The Katarungang Pambarangay

In the Philippines, most Oral Defamation cases are subject to mandatory Barangay Conciliation. If both parties reside in the same city or municipality, the victim cannot file a case directly in court. They must first bring the matter before the Lupong Tagapamayapa.

A "Certificate to File Action" will only be issued if:

No settlement was reached.
The respondent failed to appear for mediation.

Exceptions: If the accused is under detention, if the case is urgent (injunction), or if the parties reside in different cities/municipalities (subject to certain rules), the Barangay stage may be bypassed.

VII. Prescription Period

Time is of the essence when filing.

Grave Oral Defamation: Prescribes in six (6) months.
Simple Oral Defamation: Prescribes in two (2) months.

The countdown begins from the day the victim or the offended party discovered the defamatory statement. Failure to file within these periods results in the loss of the right to prosecute the offender.