A step-by-step, practitioner-grade guide to filing, defending, and resolving libel (written/online) and slander (oral) cases: elements, venue, evidence, timelines, bail, damages, and practical templates.

I. What You’re Alleging (and Why It Matters)

A. Elements

Defamatory imputation (fact—not pure opinion—tending to discredit, dishonor, or contempt).
Malice (presumed in law, unless privileged; “actual malice” may be required for public figures/official conduct).
Publication to at least one third person (for slander: uttered; for libel: in writing or similar medium).
Identifiability of the offended party (expressly or by innuendo/context).

B. Offense vs. Medium

Libel (RPC Arts. 353–355): written/printed/broadcast/posted (includes social platforms).
Slander (oral defamation) (Art. 358): grave or simple depending on seriousness.
Slander by deed (Art. 359): defamatory acts (e.g., public slap/spit).
Cyber libel: libel committed through ICT; penalty generally one degree higher than offline libel.

Not libel/slander: Pure opinion (non-verifiable value judgments), fair comment on public concern based on true facts, or statements within absolute/qualified privilege (see §VIII).

II. Jurisdiction, Venue, and Who Can File

A. Private offense; who may file

Only the offended party (or authorized representative with special authority) may initiate criminal complaint for libel/slander. In death or incapacity, heirs/guardian may act.

B. Venue (critical—mistakes can be fatal)

Libel (offline): file where the offended party resided at the time of publication or where the material was printed/published.
Cyber libel: venue tracks online publication—often where the offended party actually resides or where any essential element occurred.
Slander: where the words were uttered.

C. Court

Informations for libel/cyber libel and slander are filed in RTC or MTC depending on penalty; prosecutors determine the proper court after preliminary investigation.

III. Prescriptive Periods (Deadlines)

Criminal libel/cyber libel: 1 year from first publication (special rule).
Slander: follows general rules keyed to penalty (move quickly; one year is a safe working target).
Independent civil action for defamation (Art. 33, Civil Code): 4 years from publication.

Practice rule: Treat the earliest provable publication/uttering date as Day 0. File early.

IV. Evidence Strategy (Build Before You File)

A. For written/online (libel/cyber libel)

Full-page captures with URL, handle, timestamp (Asia/Manila), and visible metadata (link previews, IDs).
Platform proofs: post IDs/links, admin logs, analytics if you control the page; request preservation from platforms.
Authorship/identification: link aliases to real persons (who has admin rights, matching phone/email, admissions in chat).
Reach & harm: views, shares, comments, employer or client reactions.

B. For oral (slander)

Eyewitness affidavits quoting exact words, tone, context, audience, distance, gestures/weapon.
CCTV/doorbell video if available; avoid illegal secret audio of private conversations (see §XII).

C. Corroboration

Medical/psych notes for distress; receipts for costs; HR letters for workplace impact.
Prior demand/retraction letters and replies.

V. Criminal Procedure: From Filing to Judgment

1) Draft & File the Complaint-Affidavit (Prosecutor)

Include:

Parties and addresses (to support venue).
Exact words (verbatim) and where/how published/uttered.
Why defamatory (the imputation and its meaning).
Annexes (A: captures/URLs; B: witness affidavits; C: platform preservation letters; D: corroborating documents).
Prayer for prosecution; for cyber cases, ask for lawful preservation orders.

Barangay conciliation is not a prerequisite to criminal libel/slander.

2) Counter-Affidavits & (Optional) Clarificatory Hearing

Respondents file counter-affidavits with defenses (truth, privilege, opinion, lack of publication/identifiability, prescription, venue).

3) Prosecutor’s Resolution & Information

Probable cause found → Information filed in the proper court; otherwise dismissal (you may move for review).

4) Bail & Arraignment

Libel/slander are bailable; cyber-libel has higher bail benchmarks but remains bailable.
After bail approval → arraignment (enter plea) → pre-trial (stipulations, issues).

5) Trial

Prosecution evidence first; witnesses and exhibits.
Defense evidence (defenses in §VIII).
Memoranda → Decision (acquittal/conviction; fines/imprisonment calibrated; courts often prefer fines, but custodial penalties are legally available).

6) Appeals

RTC → Court of Appeals → Supreme Court (questions of law).
Civil liability is adjudicated with the criminal case unless waived/reserved.

VI. Civil Actions (Two Tracks)

Civil action together with the criminal case (implied unless waived): claim moral, exemplary, actual/temperate damages, attorney’s fees, plus costs.
Independent civil action (Art. 33): file in civil court even without criminal case; standard of proof is preponderance of evidence (lower than criminal). Useful when prescription/venue issues complicate the criminal route.

If you file the civil case first, manage reservation/waiver to avoid procedural conflicts.

VII. Remedies Short of Trial

Retraction/Apology: Mitigates damages; may support settlement (does not automatically extinguish criminal liability).
Compromise: Permissible only as to civil liability; criminal liability in public offenses is not subject to compromise.
Takedown/Content edits: Not a defense by itself but helps limit continuing harm and mitigate penalty/damages.

VIII. Common Defenses (and How They Work)

Privilege
- Absolute: statements in legislative proceedings, judicial pleadings (pertinent), official communications in due course.
- Qualified: fair and true report of official proceedings, private communications in the performance of duty, fair comment on matters of public interest. Plaintiff must then prove malice-in-fact.
Truth with good motives & justifiable ends (statutory defense).
Opinion (value judgment) vs. fact (verifiable assertion).
No publication (only told to the complainant).
Lack of identifiability (no reasonable reader/listener could tell who).
Prescription (filed too late).
Improper venue (fatal).

IX. Sentencing & Civil Liability

Criminal: fines and/or imprisonment (libel: prisión correccional in its minimum to medium periods or fine; cyber libel is one degree higher). Courts increasingly impose fines where appropriate.
Civil:
- Moral damages for mental anguish, social humiliation;
- Exemplary damages for egregious conduct;
- Temperate/actual damages (with proof);
- Attorney’s fees where justified.

Mitigating: retraction/apology, limited reach, lack of prior offenses. Aggravating: virality, persistence after notice, doxxing, profit motive.

X. Tactical Timelines (Realistic Working Cadence)

Day 0: Publication/uttering. Start prescription clock.
Days 1–15: Evidence capture; demand/retraction (optional) and preservation letters to platforms.
Days 7–30: File criminal complaint-affidavit (earlier if close to 1-year mark).
1–3 months: Prosecutor proceedings; resolution varies by docket.
After filing of Information: Bail-arraignment-pre-trial typically within weeks; trial schedule thereafter.

(Calendars vary by city/branch; the one-year criminal clock stops once a proper complaint is filed with the prosecutor.)

XI. Templates (Short-Form)

A. Complaint-Affidavit (Libel/Cyber Libel) – Outline

Affiant: [Name, address, ID] Respondent(s): [Name/alias, known address/links] Venue Allegations: I resided at [City] at time of publication; the post was accessible and targeted here. Narrative: On [date/time], respondent published [exact words – quote verbatim] at [URL/handle] with images [describe]. The statement is false and imputes [crime/vice/defect], damaging my reputation. Annexes: A (screenshots with URL/time), B (platform preservation letters), C (witness affidavits), D (harm proofs), E (ID/COE). Prayer: Find probable cause for [libel/cyber libel], issue lawful preservation requests, and prosecute. Jurat

B. Complaint-Affidavit (Slander) – Outline

Venue: Words uttered at [place] (within your jurisdiction). Exact words: “[quote]” in the presence of [names] on [date/time]. Defamation: Why the statement imputes a crime/vice/defect. Annexes: Witness affidavits, CCTV (if any), blotter/incident report. Prayer: File for [grave/simple slander].

C. Preservation/Takedown Letter (Platform/Publisher)

Kindly preserve all logs, IP/device, timestamps, and post contents for [URL/ID] from [dates] in view of an ongoing criminal complaint for [libel/cyber libel]. Please acknowledge receipt.

D. Retraction/Apology (Mitigation)

I retract my statements posted on [date] regarding [Name]. They were incorrect and I apologize. The post has been deleted, and I undertake not to republish.

XII. Recording & Privacy: What You Can (and Can’t) Do

You may capture public posts/pages, messages sent to you, and public conduct (video).
Avoid secretly recording private face-to-face audio or phone calls without consent of all parties (Anti-Wiretapping Law).
Keep originals; label exhibits with filenames, timestamps, and chain-of-custody notes.

XIII. Costs, Bail & Practicalities

Filing with prosecutor: no filing fee; you’ll shoulder notarization, printing, courier, and occasional e-forensics costs.
Bail: amounts vary by court and offense; prepare IDs, surety/cash, and a bondsman contact.
Lawyer’s fees: agreed privately; some victims pursue damages to recover attorney’s fees.

XIV. Defendant’s Playbook (If You’re Accused)

Freeze the post (don’t delete logs; take private if advised).
Collect evidence of truth/privilege/opinion; document due diligence done before posting.
Venue/prescription challenge early; move to dismiss if improper.
Consider apology/retraction to mitigate penalties, without conceding liability unless in settlement.

XV. Key Takeaways

Venue and prescription make or break libel/slander cases: file where allowed and within one year (criminal).
Build a clean evidentiary record (verbatim words, context, publication, identifiability, harm).
Choose your remedy mix: criminal complaint (with or without joined civil claim) and/or independent civil action.
Expect defenses of privilege, truth with good motives, opinion, and venue/prescription—prepare rebuttals.
Retraction/takedown mitigates but does not erase liability; fines are common, yet imprisonment remains legally possible, especially for aggravated or persistent defamatory conduct.

This article is general legal information. For high-stakes reputational or business harm, tailor filings with counsel to your exact facts, venue options, and evidentiary posture.