In the landscape of Philippine criminal law, there is often confusion regarding the terms "Slander" and "Oral Defamation." While laypeople may use them interchangeably, it is crucial to understand how the Revised Penal Code (RPC) and Philippine jurisprudence categorize these concepts to determine liability and potential penalties.
1. Defining the Terms
In the Philippine legal context, Slander and Oral Defamation are technically the same thing. Under Article 358 of the Revised Penal Code, "Slander" is the official term used for oral defamation.
Defamation is the public and malicious imputation of a crime, vice, 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. When this imputation is made orally, it is Slander.
2. The Two Degrees of Slander
The law distinguishes between two types of oral defamation based on the gravity of the insult and the circumstances of its utterance:
A. Grave Slander (Slander Muy Grave)
This involves imputations that are serious in nature. It is determined by:
- The social standing of the parties involved.
- The occasion or circumstances under which the words were spoken.
- The intent of the speaker.
- Example: Accusing a public official of a heinous crime in front of a large crowd with the intent to ruin their reputation.
B. Simple Slander (Slander Leve)
This involves insults that do not significantly damage the victim's reputation or were uttered in the heat of anger.
- Example: Uttering common insults or "cursing" at someone during a minor neighborhood dispute without a deep-seated intent to defame their character.
3. Elements of the Crime
To successfully prosecute a case for Slander/Oral Defamation in the Philippines, the following elements must be present:
- There must be an imputation of a crime, vice, defect, act, omission, status, or circumstance.
- The imputation must be made publicly. (In oral defamation, this means the words were spoken in the presence of a third person).
- The imputation must be malicious.
- The imputation must be directed at a natural or juridical person.
- The imputation must tend to cause dishonor, discredit, or contempt.
4. Key Factors in Philippine Jurisprudence
The "Heat of Anger" Doctrine
Philippine courts often mitigate the charge from Grave Slander to Simple Slander if the defamatory words were spoken in the heat of anger or as a result of a physical confrontation. The reasoning is that the speaker's state of mind at the moment may lack the calculated "malice" required for a grave offense.
The "Third Person" Requirement
For slander to exist, there must be publication. In oral defamation, if you whisper an insult directly into the ear of the victim and no one else hears it, it is generally not slander because there is no "public" damage to the victim's reputation.
Slander vs. Libel
While Slander is oral, Libel (Article 355) is defamation committed through writing, printing, lithography, or any similar means. Under the Cybercrime Prevention Act of 2012, defamation committed through a computer system (social media, emails, etc.) is classified as Cyber Libel, which carries significantly higher penalties than simple oral slander.
5. Penalties and Prescription
| Type of Slander | Penalty (Revised Penal Code) | Prescription Period |
|---|---|---|
| Grave Slander | Arresto Mayor (maximum period) to Prision Correccional (minimum period) | 6 Months |
| Simple Slander | Arresto Menor or a fine | 2 Months |
Note on Prescription: One of the most critical aspects of Slander in the Philippines is its short prescription period. Unlike many other crimes, the right to file a case for Slander expires very quickly—often within 60 days (for simple) or 6 months (for grave) from the time the victim discovered the defamatory act.
6. Procedural Requirement: Barangay Conciliation
Since Slander (especially Simple Slander) is often a "Light Offense" or "Less Grave Offense" involving individuals in the same community, the law usually requires the parties to undergo Barangay Conciliation before a complaint can be filed in court. Failure to obtain a "Certificate to File Action" from the Lupong Tagapamayapa can lead to the dismissal of the case.