In the Philippines, protecting one's reputation is a matter of both civil and criminal law. When someone speaks ill of another person, causing dishonor or discredit, it may constitute Oral Defamation, colloquially known as Slander.
Under the Revised Penal Code (RPC), specifically Articles 353 and 358, oral defamation is treated as a crime against honor.
1. Defining the Offense
According to Article 353 of the RPC, libel (the umbrella term for defamation) 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, or to blacken the memory of one who is dead.
Oral Defamation (Slander) is simply libel committed through spoken words rather than written or published text.
2. The Four Essential Elements
For a legal action to prosper, the prosecution must prove four elements beyond reasonable doubt:
- Imputation of a discreditable act or condition: The words spoken must attribute a crime, vice, defect, or act that lowers the victim in the estimation of the community.
- Publication: In oral defamation, "publication" means the defamatory words were spoken in the presence of and heard by a third person (someone other than the speaker and the victim).
- Identity of the person defamed: It must be clear who is being insulted. While the name doesn't have to be mentioned, the description must point to the victim.
- Existence of Malice: The speaker must have intended to injure the reputation of the victim. Under Philippine law, malice is generally presumed if the imputation is defamatory, unless a "privileged communication" exception applies.
3. Classifications of Slander
The law distinguishes between two types of oral defamation under Article 358:
| Type | Gravity | Description |
|---|---|---|
| Serious Oral Defamation | Grave | When the words, by their nature, character, and circumstances, are of a serious and insulting nature. |
| Slight Oral Defamation | Less Grave | When the words are not so serious or were spoken in the heat of anger without the intent to really insult. |
How is "gravity" determined? Courts look at the social standing of both parties, the occasion, and the relationship between them. For instance, shouting "thief" at a professional in a public plaza is likely Serious Oral Defamation, whereas a heated argument between neighbors involving mild insults might be classified as Slight.
4. Legal Procedures and Requirements
The Katarungang Pambarangay (Barangay Conciliation)
Since most slander cases occur between neighbors or members of the same community, they are subject to mandatory Barangay Conciliation. You cannot file a case in court without a Certificate to File Action from the Lupon, unless the parties live in different cities/provinces or the crime is about to prescribe.
Prescription Period (Statute of Limitations)
Timing is critical. If you fail to file within these windows, you lose the right to sue:
- Serious Oral Defamation: Prescribes in six (6) months.
- Slight Oral Defamation: Prescribes in two (2) months.
Filing the Complaint
After the Barangay stage, the victim must file a complaint-affidavit before the Office of the Prosecutor for a preliminary investigation to determine if there is "probable cause" to bring the case to court.
5. Penalties and Liabilities
A person found guilty of Oral Defamation faces two types of consequences:
- Criminal Penalty: Imprisonment (ranging from arresto mayor to prision correccional) or a fine.
- Civil Liability: Under the Civil Code (Article 33), the victim can independently seek moral damages (for emotional distress), exemplary damages (to set an example), and attorney's fees.
6. Common Defenses
A defendant in a slander case may argue the following:
- Truth: In many cases, proving the truth of the statement can be a defense, provided it was spoken with "good motives and justifiable ends."
- Privileged Communication: Statements made in the performance of a legal, moral, or social duty (e.g., a witness testimony or a formal complaint to a superior).
- Anger and Provocation: Proving the words were uttered in the "heat of passion" or after being provoked can often downgrade a charge from Serious to Slight Oral Defamation.