In the Philippines, the line between social gossip and criminal liability is governed primarily by the Revised Penal Code (RPC) and the Cybercrime Prevention Act of 2012. While "backbiting" is a colloquial term, in legal parlance, it falls under the crimes of Libel or Oral Defamation (Slander).
1. Defining the Offense
Under Article 353 of the Revised Penal Code, libel is defined as a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person.
The Four Elements of Defamation
For a legal action to prosper, four elements must be proven beyond reasonable doubt:
- Allegation of a discreditable act or condition: The statement must impute something negative about the person's character, reputation, or lifestyle.
- Publication: The statement must be communicated to a third person. If a friend says something mean directly to your face and no one else hears it, it is not defamation.
- Identity of the person defamed: It must be clear who is being talked about, even if the name isn't explicitly mentioned.
- Existence of Malice: The law presumes malice in every defamatory imputation, even if it is true, unless there is a "good intention and justifiable motive."
2. Slander vs. Libel
The primary difference lies in the medium used to communicate the "backbiting."
Oral Defamation (Slander)
Governed by Article 358, this occurs when the defamatory statements are made orally.
- Simple Slander: Insulting words that do not seriously damage a person’s reputation.
- Grave Slander: Statements that are serious in nature, such as accusing a friend of a heinous crime or something that deeply affects their honor.
Libel (Written or Online)
- Traditional Libel: Statements made in writing, printing, or similar means.
- Cyber Libel: Defamatory statements made through a computer system or any other similar means (e.g., Facebook posts, Messenger group chats, Twitter, or Viber). Under R.A. 10175, the penalty for Cyber Libel is one degree higher than traditional libel.
3. The Role of the "Barangay"
For disputes among friends living in the same city or municipality, the law requires Mandatory Barangay Conciliation under the Katarungang Pambarangay Law.
Before filing a case in court, the parties must first meet before the Lupon Tagapamayapa to attempt a settlement. If no agreement is reached, the Barangay Kapitan will issue a Certificate to File Action, which is a prerequisite for filing a formal complaint with the Prosecutor's Office.
4. Defenses Against a Defamation Charge
If a person is sued for defamation, they may employ several legal defenses:
- Privileged Communication: Statements made in the performance of a legal, moral, or social duty (e.g., a formal complaint filed with an employer).
- Fair Commentary: If the person defamed is a public figure, the standard for malice is higher.
- Truth (with Justifiable Motive): In the Philippines, truth is not always a defense. One must also prove that the "backbiting" was done with a legitimate purpose and not just to ruin someone's name.
5. Penalties and Liabilities
A successful legal action can result in two types of liabilities:
| Liability Type | Description |
|---|---|
| Criminal Liability | Includes imprisonment (Prision Correccional) and/or fines. For Cyber Libel, the prison time can range from 6 years and 1 day to 12 years. |
| Civil Liability | The victim may claim Moral Damages for suffering and anxiety, Exemplary Damages to set an example, and Attorney’s Fees. |
6. Practical Considerations for Filing
- Evidence Gathering: Collect screenshots of messages, social media posts, or affidavits from witnesses who heard the "backbiting."
- Prescription Period: Traditional libel prescribes in one (1) year. For Cyber Libel, there has been legal debate, but the Supreme Court has clarified that the prescriptive period is also one (1) year following the "discovery" of the post.
- Jurisdiction: The case is usually filed where the complainant resides or where the defamatory statement was first published/printed.