In the Philippines, the law protects a person’s honor and reputation as much as it protects their physical safety. When someone hurls insults or malicious statements against another, it may transcend mere rudeness and enter the realm of a criminal offense known as Oral Defamation, commonly referred to as Slander.
1. Legal Basis: The Revised Penal Code
Oral defamation is governed primarily by Article 358 of the Revised Penal Code (RPC). It is defined as the speaking of base and defamatory words which tend to cause dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.
The law distinguishes between two types of oral defamation based on the severity of the insult:
- Serious Oral Defamation: This involves insults of a serious and insulting nature, taking into consideration the circumstances of the parties, the occasion, and the social standing of the person insulted.
- Slight Oral Defamation: This involves utterances that are not of a serious nature or those made in the heat of anger without the intent to cause lasting damage to the victim's reputation.
2. Elements of the Crime
To successfully prosecute a case for oral defamation, the following elements must be proven beyond reasonable doubt:
- There must be an allegation of a crime, a vice, a defect, or an act/omission.
- The allegation must be made orally.
- The allegation must be public. (It is sufficient that a third person heard the remarks).
- The allegation must be malicious.
- The allegation must be directed at a specific natural or juridical person.
- The allegation tends to cause dishonor, discredit, or contempt.
3. "Heat of Anger" and Context
Philippine jurisprudence often considers the context of the utterance. If the insults were exchanged during a heated argument (the "heat of anger" defense), courts often downgrade the charge from Serious Oral Defamation to Slight Oral Defamation.
The logic is that words spoken in a moment of passion or anger are often intended to release frustration rather than deliberately ruin a person's reputation.
4. The Procedure: How to File a Case
The process for filing a case follows a specific legal hierarchy in the Philippines:
A. Barangay Conciliation (Katarungang Pambarangay) Since most oral defamation cases fall under the jurisdiction of the Municipal Trial Courts (due to the penalty range), they are generally subject to mandatory barangay conciliation.
- The complainant must first file a complaint at the Barangay Lupon where the respondent resides.
- If no settlement is reached, the Barangay Captain will issue a Certificate to File Action. Without this, the court may dismiss the case for being premature.
B. Filing at the Office of the Prosecutor Once the certificate is obtained, the victim files a Complaint-Affidavit (supported by witnesses) at the City or Provincial Prosecutor’s Office.
- A preliminary investigation will be conducted to determine Probable Cause.
- If the prosecutor finds merit, an "Information" (the formal charge) will be filed in court.
C. Court Proceedings The case will then proceed to trial in the Municipal Trial Court (MTC) or Metropolitan Trial Court (MeTC).
5. Penalties and Prescription Periods
The penalties depend on the gravity of the offense:
| Type of Defamation | Penalty (Revised Penal Code) | Prescription Period |
|---|---|---|
| Serious Oral Defamation | Arresto mayor (maximum period) to prision correccional (minimum period) | 6 Months |
| Slight Oral Defamation | Arresto menor or a fine | 2 Months |
Note on Prescription: The "prescription period" is the deadline for filing. For oral defamation, the clock is very short. If a complaint is not filed within 6 months for serious cases or 2 months for slight cases from the time the victim discovered the defamation, the right to file the case is forever lost.
6. Civil Liability
In addition to criminal penalties (imprisonment or fines paid to the government), a victim can also sue for Civil Damages under the Civil Code of the Philippines (Articles 33 and 2219). This allows the victim to claim:
- Moral Damages: For mental anguish and wounded feelings.
- Exemplary Damages: To set an example for the public.
- Attorney's Fees: To cover the cost of litigation.
7. Distinguishing Slander from Libel
While both fall under the umbrella of "Defamation," the key difference is the medium:
- Slander (Oral Defamation): Spoken words.
- Libel: Written words, printed images, or any other similar means.
- Cyber Libel: Defamatory statements made through a computer system or the internet (governed by the Cybercrime Prevention Act of 2012).
If the "insult" was posted on Facebook or sent via a public group chat, it is no longer Oral Defamation; it becomes Cyber Libel, which carries significantly higher penalties and a longer prescription period.