1) Why “prescription” matters in defamation cases

In Philippine criminal law, prescription of crimes (often called the prescriptive period) is the time limit for commencing criminal prosecution. Once the prescriptive period lapses, the State generally loses the right to prosecute, and the accused may seek dismissal on the ground that the offense has prescribed.

Defamation disputes are especially sensitive to prescription because the law sets short prescriptive periods for these offenses. Missing the deadline is one of the most common reasons why complaints fail—regardless of the strength of the evidence.

This article focuses on slander / oral defamation (and closely related points that commonly arise in practice).

2) Defamation under Philippine law: quick map

Philippine defamation offenses are found in the Revised Penal Code (RPC) under “Crimes Against Honor”:

A. Libel (written or via specified media)

Defamation committed through writing or other means enumerated by the RPC (notably including radio and similar media) is treated as libel.

B. Slander / Oral Defamation

Defamation made through spoken words (ordinary speech) is oral defamation, commonly called slander.

C. Slander by Deed

Defamation committed through acts (not purely words) that cast dishonor, discredit, or contempt upon another.

Why this classification matters: Different prescriptive periods apply. A common trap is assuming something “spoken” is automatically slander—when the law may treat it as libel depending on the medium.

3) The governing law on prescription for RPC crimes

For offenses under the Revised Penal Code, the basic rules come from:

Article 90 (Prescription of crimes)
Article 91 (Computation of prescription; interruption; when it begins; tolling)

These provisions define:

How long the State has to prosecute, and
How to count the time, including what stops (interrupts) the running of the period.

4) The prescriptive period for slander / oral defamation

Core rule (criminal prosecution)

Under the Revised Penal Code’s specific prescription rules on defamation:

Oral defamation (slander): prescribes in 6 months
Slander by deed: prescribes in 6 months
(Related for context) Libel: prescribes in 1 year

These are special prescriptive periods for defamation offenses, applied even though defamation penalties can vary by gravity.

“Serious” vs “slight” oral defamation (and why it still matters)

Oral defamation can be charged as:

Grave/serious oral defamation (more insulting, more damaging, more severe circumstances), or
Slight oral defamation (less serious)

The penalty differs depending on seriousness, which affects matters like:

case posture and negotiation,
potential bail considerations,
exposure to imprisonment/fines,
and sometimes whether barangay conciliation is mandatory (more below).

But the criminal prescriptive period is still commonly treated as 6 months for oral defamation under the RPC’s defamation-specific prescription clause.

5) When does the 6-month period start running?

General rule: from “discovery,” not always from the date spoken

The prescriptive period begins to run from the day the crime is discovered by:

the offended party, or
the authorities or their agents.

Practical meaning in slander cases:

If the offended person heard the defamatory words when spoken, discovery is immediate, and the clock starts that day.
If the defamatory words were spoken behind the offended person’s back, discovery may be the date the offended person learned of the statement (and could reasonably identify the defamatory act and speaker).

Examples

Face-to-face insult (immediate discovery): Statement made and heard on March 1 → prescription generally starts March 1 → deadline around September 1.
Statement made in a meeting the offended person did not attend: Words spoken March 1, but offended person learns about it March 20 → prescription may start March 20 (subject to proof of discovery date).

Proof issues (important in practice)

When discovery is not immediate, the complainant should be able to show:

when they learned of the defamatory statement, and
how they learned it (who told them, what was said, and why that date is credible).

Because prescription is a legal defense, courts scrutinize claims of late discovery.

6) What “interrupts” (stops) prescription?

A. Filing of the complaint or information

The prescriptive period is interrupted by the filing of the complaint or information.

In real-world terms, interruption typically occurs when a proper complaint is filed with the appropriate office—commonly:

the Office of the City/Provincial Prosecutor (for evaluation and filing in court), or
the court (where direct filing is allowed/appropriate under the rules depending on the offense and procedure).

Practical warning: Because slander prescribes quickly, delays in paperwork, notarization, or gathering affidavits can be fatal.

B. Barangay conciliation and its effect on prescription

The Katarungang Pambarangay system (under the Local Government Code framework) can require barangay-level conciliation as a precondition to court action for certain disputes, depending on:

the nature of the case,
the parties’ residences,
and the penalty level/exceptions.

When barangay conciliation is required and properly initiated, the filing at the barangay level generally interrupts the prescriptive period, subject to statutory limits (commonly discussed as a cap on how long the interruption lasts).

Why this matters for slander: A 6-month window can be consumed quickly by conciliation steps if not handled promptly and correctly.

Caution: Not all oral defamation complaints are subject to barangay conciliation. If the charge is framed as serious oral defamation with penalties exceeding the barangay threshold, the barangay process may not be mandatory (and insisting on it may waste time). The classification of the slander (slight vs serious) can therefore indirectly affect timing strategy.

C. Absence of the offender from the Philippines (tolling concept)

The RPC’s computation rules include the principle that prescription does not run when the offender is absent from the Philippine archipelago.

This can matter if:

the accused left the Philippines and remained abroad for a period, and
that absence is legally significant and provable.

In practice, this is a fact-heavy issue and can be contested.

7) What happens if proceedings are dismissed or stalled?

The Revised Penal Code’s rules recognize that prescription can:

be interrupted by filing, and then
run again if proceedings terminate without conviction/acquittal or are unjustifiably stopped for reasons not attributable to the accused.

Practical way to think about it

The filing stops the clock while the case is properly pending.
If the case is dismissed in a way that allows refiling (or proceedings are halted), prescription issues can re-emerge depending on:
- what caused the dismissal/stoppage,
- how much time had already run before filing,
- and how the court applies the restart/resumption rule in the circumstances.

Because the prescriptive period for slander is short, even brief gaps can be decisive.

8) The biggest classification trap: when “spoken” can become libel (1 year) instead of slander (6 months)

Many people assume:

“If it’s spoken, it’s slander.”

Not always.

The Revised Penal Code’s libel provision covers defamation committed through certain media, including radio and analogous means. So defamatory speech that is broadcast can be treated as libel, not slander.

Common situations where this issue arises

Defamatory statements aired on radio or television
Defamatory statements delivered in a format comparable to a broadcast or recorded dissemination (fact-dependent)
Content that is “published” to the public through similar means

Result: The applicable prescriptive period may shift from 6 months (slander) to 1 year (libel).

9) Criminal prescription vs civil actions for damages (often confused)

Even if a slander complaint is time-barred criminally, a person may still consider whether a civil action is available.

Independent civil action in defamation

Philippine civil law recognizes an independent civil action for defamation (commonly discussed under the Civil Code framework for defamation as an independent basis for damages), which has its own prescriptive period distinct from the criminal case.

Key concept:

Criminal prescription bars the criminal prosecution (jail/fine as punishment by the State).
Civil prescription governs the time to sue for damages.

The prescriptive period for civil claims can vary depending on the legal basis pleaded (e.g., independent civil action, quasi-delict, or other Civil Code provisions). Civil prescription is not automatically identical to the criminal prescriptive period.

Because the choice of civil theory affects deadlines, it’s important not to assume “6 months” applies to everything related to slander.

10) Practical filing guidance: what to do with a 6-month deadline

Because slander/oral defamation generally prescribes in six months, timing discipline matters:

Write down the discovery date immediately
- If the words were heard directly: note the date/time/place.
- If discovered later: document when and how it was discovered.
Identify witnesses quickly
- Affidavits often determine whether a prosecutor finds probable cause.
Preserve proof of publication/context
- While slander is oral, context matters: audience, setting, repetition, and intent are often litigated.
Avoid time-wasting misroutes
- If barangay conciliation is mandatory, initiate it promptly and keep records.
- If it is not mandatory (or an exception applies), proceed to the proper forum without delay.
File early, not near the deadline
- A short prescriptive period leaves little margin for administrative delay, holidays, absences, or document issues.

11) Quick reference (criminal prescriptive periods commonly applied)

Oral defamation (slander): 6 months
Slander by deed: 6 months
Libel: 1 year

(Separate from this: civil actions may follow different prescriptive periods depending on the civil cause of action.)

12) Key takeaways

Slander / oral defamation cases are time-sensitive: the criminal prescriptive period is commonly applied as six months.
The period generally runs from discovery, which may be immediate or later depending on circumstances.
Prescription can be interrupted by filing the complaint/information and can be affected by processes like barangay conciliation (when required) and by the offender’s absence from the Philippines.
Misclassification is costly: “spoken” defamation may become libel if delivered through covered media, changing the prescriptive period.
Criminal deadlines are not always the same as civil damages deadlines.

This is a general legal discussion in the Philippine context. Statutes and jurisprudence can change, and outcomes can depend heavily on specific facts.