Legal Action for Oral Defamation and Slander under Philippine Law

In the Philippines, protecting one’s reputation is a matter of both civil and criminal law. When an individual utters defamatory statements against another, it is categorized as Oral Defamation, more commonly known as Slander. Unlike libel, which involves written or published defamatory words, slander is committed through spoken words.

1. Legal Basis

Oral defamation is primarily governed by the Revised Penal Code (RPC).

• Article 358 (Oral Defamation): This article defines and penalizes slander.
• Article 353 (Definition of Libel): This provides the general definition of a defamatory statement, which applies to oral defamation as well. It defines defamation 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, or to blacken the memory of one who is dead."

2. Elements of Oral Defamation

To successfully prosecute a case for slander, four essential elements must be proven beyond reasonable doubt:

1. Imputation: There must be an allegation of a crime, vice, defect, act, or omission.
2. Publication: The defamatory words must be spoken in the presence of and heard by a third person (other than the person defamed).
3. Malice: The statement must be made with the intent to injure the reputation of the victim. Under Philippine law, malice is generally presumed if the statement is defamatory, unless a "privileged communication" exception applies.
4. Identity of the Victim: The words must clearly refer to a specific person, such that a third person can identify who is being insulted.

3. Classifications of Slander

The RPC distinguishes between two types of oral defamation based on the severity of the insult and the circumstances:

• Grave Oral Defamation: This occurs when the defamation is of a serious nature, deeply affecting the victim’s reputation and social standing. Courts consider the social standing of the parties, the occasion, and the intent of the speaker.
• Slight Oral Defamation: This involves insults that are not as serious in character or were uttered in the heat of anger (obloquy) without the deliberate intent to cause lasting damage to the victim's reputation.

4. Distinguishing Slander from Libel

The medium is the key difference. If the defamatory statement is made via radio, television, or the internet (social media), it is classified as Cyber Libel under the Cybercrime Prevention Act of 2012 (R.A. 10175), not oral defamation. Slander is strictly limited to unrecorded spoken words or gestures in a physical setting.

5. Defenses Against Slander Charges

A person accused of oral defamation may utilize several legal defenses:

• Truth: Under Article 361 of the RPC, the truth of the statement can be a defense if it was made 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 report to a superior) are generally protected.
• Heat of Anger: If the words were spoken during a heated argument or in response to a provocation, the court may downgrade the charge from "Grave" to "Slight" oral defamation.

6. Procedural Steps for Filing a Case

In the Philippine context, most slander cases must undergo a specific process:

1. Barangay Conciliation: Since slander is often a "light" or "less grave" felony, the Katarungang Pambarangay Law requires the parties to undergo mediation at the Barangay level first. A "Certificate to File Action" is required before the case can proceed to court, unless the parties reside in different cities/municipalities.
2. Filing a Complaint: If mediation fails, the victim files a complaint-affidavit with the Prosecutor's Office for preliminary investigation.
3. Criminal Prosecution: If the prosecutor finds probable cause, an "Information" is filed in court (usually the Municipal Trial Court or Metropolitan Trial Court).
4. Civil Liability: The victim may also claim moral damages, exemplary damages, and attorney's fees as part of the criminal case or in a separate civil action.

7. Penalties

The penalties for oral defamation vary:

• Grave Slander: Arresto mayor in its maximum period to prision correccional in its minimum period (roughly 4 months and 1 day to 2 years and 4 months of imprisonment).
• Slight Slander: Arresto menor (1 to 30 days of imprisonment) or a fine.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific legal concerns, it is best to consult with a licensed attorney in the Philippines.