In the Philippines, the protection of one’s reputation is enshrined in both criminal and civil law. When a person utters defamatory statements that tend to cause dishonor, discredit, or contempt against another, it falls under the category of Oral Defamation, more commonly known as Slander.
The following is a comprehensive guide on the legal landscape, elements, and remedies available under Philippine jurisdiction.
I. The Legal Definition
Oral Defamation is the speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business, or means of livelihood. Under the Revised Penal Code (RPC), specifically Article 358, it is treated as a criminal offense.
The law distinguishes between two types of oral defamation:
- Serious Oral Defamation: Libelous remarks that are of a serious and insulting nature.
- Slight Oral Defamation: Remarks that are not as grave, often uttered in the heat of anger or without the intent to cause lasting damage.
II. Elements of the Crime
To successfully prosecute a case for Slander, the following four elements must be proven beyond reasonable doubt:
- Allegation of a Discreditable Act: There must be an imputation of a crime, vice, defect, act, omission, condition, status, or circumstance.
- Publication: The defamatory words must be uttered in the presence of at least one person other than the victim.
- Identity of the Victim: The person being defamed must be identifiable.
- Malice: The statement was made with the intent to harm the reputation of the victim. In Philippine law, malice is generally presumed if the statement is defamatory, unless it falls under "privileged communication."
III. Legal Remedies
1. Criminal Action
The primary remedy is filing a criminal complaint. Because Oral Defamation is a "public crime," it follows a specific procedural path:
- Barangay Conciliation: Since most slander cases involve individuals in the same community, the case must generally pass through the Lupong Tagapamayapa (Barangay Justice System) for mediation before a court case can be filed.
- Preliminary Investigation: If mediation fails, a complaint is filed with the Office of the City or Provincial Prosecutor to determine Probable Cause.
- Trial: If the Prosecutor finds probable cause, an "Information" is filed in court (usually the Municipal Trial Court or Metropolitan Trial Court).
2. Civil Action for Damages
Under the Civil Code of the Philippines (Article 33), a civil action for damages can be filed entirely separately from the criminal case.
- Moral Damages: For the mental anguish and wounded feelings caused.
- Exemplary Damages: Imposed as a deterrent to prevent others from committing similar acts.
- Attorney’s Fees: To cover the costs of litigation.
3. Administrative Action
If the perpetrator is a public official or a professional (like a lawyer or doctor), the victim may file an administrative complaint with the Office of the Ombudsman or the Professional Regulation Commission (PRC) for "Conduct Unbecoming" or "Grave Misconduct."
IV. Penalties and Consequences
The penalties for Oral Defamation under Article 358 of the RPC are as follows:
| Type of Slander | Penalty (Revised Penal Code) |
|---|---|
| Serious Oral Defamation | Arresto Mayor in its maximum period to Prision Correccional in its minimum period (4 months and 1 day to 2 years and 4 months). |
| Slight Oral Defamation | Arresto Menor (1 to 30 days) or a fine not exceeding 20,000 Pesos (as updated by R.A. 10951). |
V. Common Defenses
A defendant in a slander case may utilize several legal defenses:
- Truth: In some cases, proving the truth of the statement can be a defense, provided it was published 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 supervisor giving a performance review) are generally protected.
- Anger and Obfuscation: If the words were uttered in the heat of a quarrel or under great provocation, the court may downgrade the charge from "Serious" to "Slight" Oral Defamation.
- Absence of Identification: If the "victim" cannot be clearly identified by the public from the words spoken, the case may fail.
VI. Important Considerations: Slander vs. Cyber-Libel
It is vital to distinguish between Oral Defamation and Cyber-Libel (under R.A. 10175).
- If the defamatory words are spoken in person or via a live phone call, it is Slander.
- If the same words are recorded and posted on social media, or written in a post/comment, it becomes Libel or Cyber-Libel, which carries significantly higher penalties and follows different prescriptive periods.
VII. Prescription Period
The window to file a case is limited. Under the law, Slander prescribes in six months. This means the victim must initiate the legal process within six months from the time the defamatory words were uttered or discovered; otherwise, the right to file the case is forever lost.