This article explains—end-to-end—how to evaluate a potential defamation case (oral slander, libel, slander by deed), the elements and defenses, criminal and civil filing routes, jurisdiction and venue, timelines/prescription, evidence strategy (including online posts), common pitfalls, and practical templates. Philippine statutes referenced include the Revised Penal Code (RPC) and related laws such as the Cybercrime Prevention Act. This is general information, not a substitute for legal advice for your specific facts.

1) What “defamation” is under Philippine law

Defamation is the imputation of a discreditable act, condition, status, or vice to another person that tends to cause dishonor, discredit, or contempt.

Libel (Art. 355, RPC): Defamation in writing or a similarly permanent form (e.g., print, broadcast script, blog/website posts, social media captions, group chats with a record, memes, images with text overlays, emails, letters, posters, reviews).
Slander / Oral Defamation (Art. 358, RPC): Defamation spoken (e.g., speeches, meetings, phone calls, voice notes, live streams).
Slander by Deed (Art. 359, RPC): Defamatory acts (e.g., humiliating gestures or conduct that casts dishonor, like publicly throwing an object at someone with the intent to shame).

Core elements (generally):

Defamatory imputation (words or acts tending to dishonor).
Publication (communication to at least one person other than the offended party).
Identifiability (the statement refers to the complainant, expressly or by reasonable implication).
Malice (presumed in defamatory imputations; may be actual or presumed, subject to privileges and defenses).

2) Defenses and privileges you must anticipate

Truth (Art. 361, RPC): Truth alone does not automatically absolve criminal liability; for criminal cases you generally must show truth plus good motives and justifiable ends (public interest often relevant). In civil cases, truth is a powerful defense.
Privilege (Art. 354, RPC & jurisprudence):
- Absolute privilege: e.g., statements made in legislative proceedings, certain judicial pleadings, and official acts—no liability even if malicious (within proper scope).
- Qualified privilege: (a) private communications made in the performance of a legal, moral, or social duty; (b) fair and true, good-faith reports of official proceedings without comments; (c) fair comment on matters of public interest and public figures, if made without malice and based on facts.
Lack of malice / good faith: Reasonable care in verifying facts, neutral language, and absence of ill will.
Consent: The offended party agreed to the publication.
Not defamatory / opinion: Pure opinion, hyperbole, or non-actionable rhetoric (no false factual assertion).
Prescription: Filing out of time bars prosecution (see §10).

3) Criminal vs. civil routes (you may pursue both)

A. Criminal complaints

Libel is a criminal offense. Cyber-libel (online publication) is punished by reference to libel via the Cybercrime Prevention Act, which generally increases penalties for online commission.
Oral defamation and slander by deed are also crimes.

Key effects:

State prosecution after preliminary investigation (PI); potential imprisonment and/or fine upon conviction.
You may reserve or waive the civil action for damages in the criminal case.

B. Civil action for damages

You may sue independently under the Civil Code (e.g., Arts. 19, 20, 21, 26, 33, 2217, 2219).
Article 33 allows an independent civil action for defamation (separate from the criminal case) with a preponderance of evidence standard.
You can claim actual/compensatory, moral, exemplary, temperate, and attorney’s fees.

Strategy tip: If speed and injunctive relief (e.g., take-downs) matter, a civil action with application for injunctive relief may be more immediately useful than waiting out a full criminal case.

4) Jurisdiction & venue (where to file)

Criminal libel: Historically falls under Regional Trial Courts (RTCs) after PI; oral defamation and slander by deed may fall under MTC/MTCC/MeTC or RTC depending on imposable penalties.
Venue (libel generally follows special venue rules in Art. 360 RPC):
- Private offended party: where the libelous article was printed and first published or where the offended party resides at the time of commission.
- Public officer: where he/she holds office at the time of the offense or where printed/first published.
Online/cyber cases: Prosecutors/courts typically analogize to Art. 360; practice commonly accepts filing where the offended party resides/holds office or where any essential element occurred (including online publication’s locus). Check latest local practice in your jurisdiction.
Civil actions: Venue is governed by the Rules of Court—generally where the plaintiff resides or the defendant resides, at plaintiff’s option (for personal actions), unless a stipulation controls.

5) Preliminary questions before filing

What exactly was said/done? Quote verbatim; capture exact wording and context (tone, setting).
Who heard/received it? Identify at least one third person.
Was the target identifiable? Name, photo, handle, job, or descriptions that point to you.
Is there a record? Screenshots, URLs, device exports, witness notes.
Is any privilege implicated? Legislative/judicial settings, employee evaluations, complaints to authorities.
Is it opinion or fact? Opinions are generally non-actionable unless imply false facts.
Is the statement false? Gather refuting documents.
Are you inside the prescriptive period? See §10.
Is barangay conciliation required? See §6.

6) Barangay conciliation (Katarungang Pambarangay)

Before filing certain criminal complaints, parties who live in the same city/municipality must undergo barangay conciliation unless exempt.

Not required for offenses with penalties exceeding 1 year imprisonment or fines above the statutory threshold, and in several other exceptions (e.g., where one party is a government employee acting in official duties, or parties live in different cities/municipalities).
Application to defamation:
- Libel: Typically not covered (penalty exceeds one year).
- Serious oral defamation: May exceed one year → usually not covered.
- Slight oral defamation: Penalty may be ≤ 1 year → barangay conciliation is usually required if parties are in the same city/municipality and no exception applies.

If required and skipped, your case can be dismissed for non-compliance.

7) Evidence: build your record like a prosecutor

For online posts:
- Take full-page screenshots showing URL, date/time, handle, profile, and the content; capture comment threads and shares.
- Export conversations (platform tools), preserve metadata if possible.
- Use screen recording to capture dynamic content (stories/reels).
- Keep chain of custody: who captured, when, how.
- Consider sending preservation requests to platforms (often via counsel) while PI is ongoing, because content can be deleted.
- For cyber cases, approach NBI/PNP Anti-Cybercrime for extraction/validation when needed.
For spoken defamation:
- Witness affidavits from people who heard it.
- Audio/video recordings (ensure compliance with anti-wiretapping law if applicable; recording your own conversation is generally permitted, but secretly recording a conversation where you are not a party can be illegal).
For slander by deed:
- CCTV, photos, eyewitnesses, incident reports.
Damages proof:
- Lost income contracts/emails, business metrics (sales dip), medical or psychological reports for moral damages, receipts showing mitigation steps.
Rebuttal evidence (truth defense):
- Gather documents proving the falsity of the accusation.

8) Step-by-step: filing a criminal complaint

Draft an Affidavit-Complaint (under oath, notarized), attaching all evidence as annexes.
- Identify the offender(s) (author, publisher, editor, business manager for libel; speaker for slander).
- State jurisdiction/venue basis (residence/office, publication).
- Narrate facts: the exact words/acts, when, where, who witnessed, why defamatory, effect on you.
- Address malice (actual or presumed) and falsity.
- Anticipate defenses (privilege, opinion) and explain why they fail.
File with the Office of the City/Provincial Prosecutor (where venue lies). Pay any documentary fees required for affidavits/copies.
Preliminary Investigation (PI):
- Prosecutor issues subpoena; respondent files Counter-Affidavit with annexes.
- Reply and Rejoinder may follow.
- Prosecutor issues a Resolution (dismiss/charge).
If probable cause is found:
- An Information is filed in the proper trial court (libel: RTC; oral defamation/slander by deed: MTC/RTC depending on penalty).
- Arrest warrant may issue; offenses are bailable.
Trial: Prosecution evidence → Defense evidence → Judgment.
Appeals as applicable.

Persons liable in libel (Art. 360): author, publisher, editor, and business manager may be included; for online publications, allegations usually target the author/poster and sometimes site administrators depending on facts.

9) Step-by-step: filing a civil action for damages

Choose venue (where you or defendant resides).
Draft a Verified Complaint stating:
- Parties and jurisdictional facts.
- Specific defamatory statements/acts, context, publication, identifiability.
- Wrongfulness, falsity, and malice.
- Damages: actual, moral, exemplary; attorney’s fees.
- Prayer: damages amounts; injunctions (e.g., take-downs, non-republication).
Attach evidence and Certification Against Forum Shopping.
File with the RTC or MTC depending on damages amount and rules on jurisdiction; pay filing fees (based on amounts claimed).
Seek interim relief:
- Temporary Restraining Order (TRO)/Preliminary Injunction to stop further dissemination.
- Inspection/production orders for devices/accounts (via discovery, after issues are joined).

10) Prescriptive periods (deadlines to file)

Criminal libel (including cyber-libel by reference): generally 1 year from publication.
Oral defamation / slander by deed: practice treats them as similar offenses to libel for prescription purposes; filing within 1 year from the defamatory act is the conservative approach.
Civil action: subject to Civil Code prescription for quasi-delicts/obligations (commonly 4 years from discovery of the wrongful act for actions under Art. 33/2176; other causes may vary).

Tip: Use the earliest provable publication date as your anchor. For online posts, avoid relying on “edits”; secure an early notarized printout/screenshot with visible timestamps/URLs.

11) Penalties & remedies snapshot

Criminal libel: imprisonment under prisión correccional (min.–med.) and/or fine (fines were updated by RA 10951). Cyber-libel penalties are generally higher.
Oral defamation:
- Serious: arresto mayor (max) to prisión correccional (min.) depending on gravity.
- Slight: arresto menor.
Slander by deed: arresto mayor (min.–max.) to prisión correccional (min.), depending on gravity.
Civil damages: actual, moral (expressly allowed for defamation), exemplary, and attorney’s fees.

12) Special issues for online/cyber cases

Each “share”/“retweet”/“repost” can count as republication by that user; primary liability focuses on the original poster. Forwarders/re-posters may incur liability depending on knowledge and participation.
Anonymity & subpoenas: Identifying account owners often requires law-enforcement coordination and court processes (subpoenas to platforms; data privacy rules apply).
Take-downs: Platforms have their own reporting tools; a civil TRO/injunction can compel removal locally.
Public figures: Wider berth for fair comment; you must show actual malice more clearly in many such cases.

13) Common pitfalls

Waiting too long and missing prescription.
Weak publication proof (no third-person witness or record).
Sloppy screenshots (no URL/time/handle; easily challenged).
Skipping barangay conciliation when required (slight oral defamation between same-city residents).
Over-pleading (criminal + civil + admin complaints) without venue/jurisdiction plan—can trigger forum shopping issues.
Ignoring privileges (e.g., reports to authorities) and failing to address them in your affidavit.

14) Practical templates (condensed)

A. Affidavit-Complaint (Criminal)

Title: Affidavit-Complaint for [Libel / Oral Defamation / Slander by Deed] I, [Name], Filipino, of legal age, resident of [Address], after being duly sworn, state:

Parties. Respondent [Name/Handle] is…

Venue/Jurisdiction. This complaint is filed in [City/Province] because [residence / place of publication / office].

Facts. On [date/time], respondent published/uttered the following defamatory statements: “[…]”. The post/speech was seen/heard by [names]. Attached screenshots/recordings are Annexes “A” to “C”.

Defamatory nature. The statements accuse me of [crime/vice], which is false.

Identifiability. The statements refer to me because [name/photo/context].

Publication. At least [name] saw/heard it and reacted [describe].

Malice/Falsity. The accusations are false; respondent acted with malice as shown by [facts].

Reliefs. I pray that criminal charges be filed and that I be awarded costs/fees as allowed. SUBSCRIBED AND SWORN before me this [date]…

Attach: government ID, screenshots (with URL/time), witness affidavits, proof of residence, any rebuttal documents.

B. Civil Complaint (Damages)

Caption Complaint for Damages (Defamation) Parties; Jurisdiction/Venue; Material Facts (quotes, publication, identifiability, falsity, malice); Causes of Action (Arts. 19/20/21/33/Civil Code); Damages (actual, moral, exemplary, attorney’s fees); Prayer (damages, injunction/take-down); Verification; Certification Against Forum Shopping; Annexes.

C. Preservation Letter (to platforms or data holders)

Please preserve all records associated with account @[handle]/URL [link], including IP logs, device IDs, message contents, timestamps, and edits from [date range], regarding defamatory content about [client]. This is related to a pending investigation and potential litigation.

15) Quick decision tree

Was it written/posted? → Consider libel / cyber-libel. File criminal complaint with the Prosecutor; consider civil damages + injunction.
Was it spoken? → Oral defamation. Check serious vs. slight and barangay conciliation.
Was it an act (humiliating gesture)? → Slander by deed.
Are you within 1 year? If close to lapse, file immediately.
Is it privileged? Evaluate before filing; tailor your evidence.
Is quick removal crucial? Pair with civil injunction.

16) FAQs

Q: Do I need the exact original file or device? A: Not always. Authenticated screenshots/printouts with visible metadata, plus testimony of the person who captured them, are commonly accepted. Stronger if corroborated by platform records.

Q: Can I sue multiple people (author, sharers, page admins)? A: Yes, depending on participation and knowledge. Plead roles specifically.

Q: The post was deleted. Am I out of luck? A: Not necessarily. Witnesses, cached copies, archives, or platform-preserved data may be available. Act fast.

Q: What if they claim it’s just opinion? A: Opinions are protected; but false statements of fact framed as opinion can still be actionable, especially if they imply undisclosed defamatory facts.

17) Action checklist

Calendar prescription (target within 1 year for criminal).
Capture verbatim statements; secure screenshots with URL/time.
Identify third-person publication evidence.
Collect witness affidavits.
Evaluate privileges/defenses.
Decide criminal, civil, or both; map venue/jurisdiction.
Complete barangay conciliation if required (slight oral defamation, same city).
File Affidavit-Complaint (criminal) and/or Civil Complaint with annexes.
Consider injunctive relief and preservation letters.
Prepare for Counter-Affidavit and trial evidence sequence.

Final note

Defamation cases turn on details: exact words, who saw/heard them, and your evidence discipline. Move promptly, document meticulously, and align your filing route (criminal vs. civil) with your remedy goal—deterrence/punishment, monetary redress, or rapid take-down and reputational repair.