In the Philippine legal system, Slight Oral Defamation (Slander) is a crime against honor. While often dismissed by the public as "mere gossip," it carries specific penal consequences under the Revised Penal Code (RPC), as amended by Republic Act No. 10951.

1. Legal Definition and Nature

Oral Defamation, or slander, is defined as the speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business, or means of livelihood.

Under Article 358 of the RPC, slander is classified into two types:

Grave Oral Defamation: When the utterances are of a serious and insulting nature.
Slight Oral Defamation: When the utterances are not of a serious nature, taking into consideration the relationship of the parties, the circumstances of the case, and the social standing of the person defamed.

2. Penalties and Fines

The enactment of R.A. 10951 in 2017 significantly updated the fines associated with various crimes to adjust for inflation. For Slight Oral Defamation, the penalties are:

Imprisonment

Arresto Menor: The duration of this penalty is from 1 day to 30 days.

Fines

A fine not exceeding 40,000 Pesos.

Note: The court has the discretion to impose either the imprisonment, the fine, or both, depending on the aggravating or mitigating circumstances present in the case.

3. Elements of the Crime

For a person to be convicted of Slight Oral Defamation, the following elements must be proven beyond reasonable doubt:

There must be an allegation of a crime, a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance.
The allegation must be made orally.
It must be publicly made (at least one person other than the accused and the victim must hear it).
It must be malicious.
It must be directed at a natural or juridical person, or one who is dead.
The tendency is to cause dishonor, discredit, or contempt of the person defamed.

4. The "Heat of Anger" Doctrine

Philippine jurisprudence often distinguishes between Grave and Slight Oral Defamation based on the emotional state of the speaker.

If the defamatory words were uttered in the heat of anger or as a result of a sudden impulse, the courts generally downgrade the offense to Slight Oral Defamation. The rationale is that the passion of the moment lessens the malicious intent of the accused.

5. Prescription Period

One of the most critical aspects of Slight Oral Defamation is its "expiration date." Under Article 90 of the RPC:

The crime of oral defamation and slander by deed prescribes in six (6) months.
However, if the defamation is categorized as Slight, it prescribes in only two (2) months.

If a complaint is not filed within 60 days from the time the offended party discovered the defamation, the right to file the case is forever lost.

6. Procedural Requirement: Barangay Conciliation

Since Slight Oral Defamation is a light offense, it falls under the jurisdiction of the Katarungang Pambarangay.

Except in specific instances (e.g., parties reside in different cities/provinces), a complainant cannot file a case directly in court without first undergoing mediation before the Lupong Tagapamayapa. A Certificate to File Action is a mandatory requirement for the court to take cognizance of the case.