Settlement and Fines for Slander by Deed in Philippine Law (2025 update)

1. What “slander by deed” means

Article 359 of the Revised Penal Code (RPC) punishes “any act, not being verbal, that casts dishonor, discredit or contempt upon another.” Typical examples include spitting at someone, tearing up a diploma in public, or slapping a person for humiliation rather than injury. The gravamen is reputational harm produced by an insulting act, not by words nor by the physical injury itself. (Wikipedia)

2. Statutory basis and current penalties

Republic Act 10951 (2017) modernised the monetary fines in the RPC. Under its Section 95, Article 359 now reads:

Gravity of the act	Imprisonment range	Fine range
Serious (grave) slander by deed	arresto mayor max. (4 m 1 d – 6 m) to prisión correccional min. (6 m 1 d – 2 y 4 m)	₱20 000 – 100 000
Slight slander by deed	arresto menor (1 d – 30 d)	up to ₱20 000

(Supra Source, Wikipedia)

Key points

Courts may impose fine alone, fine + imprisonment, or imprisonment alone.
The ranges replace the obsolete ₱200/₱1 000 ceilings that existed before 2017.
If only a fine is imposed and the accused is unable to pay, subsidiary imprisonment applies (Art 39 RPC).

3. When the court can avoid jail altogether

Since 2019, the Community Service Act (RA 11362) allows a judge, in lieu of jail, to order community service for offences whose penalty is arresto menor or arresto mayor. Thus a conviction for slight slander by deed—or even a grave case punished only up to arresto mayor—can be served by community work under probation-officer supervision. The privilege may be granted once only in a lifetime. (Lawphil)

Probation is also commonly granted for first-time offenders because even grave slander by deed does not exceed six-year imprisonment. Courts have likewise signalled a policy preference for monetary fines over incarceration to avoid a chilling effect on speech. (RESPICIO & CO.)

4. How long the State may prosecute

Under Article 90 RPC, as reiterated by the Supreme Court in Causing v. People (G.R. 258524, 11 Oct 2023), slander by deed must be prosecuted within six (6) months from the date of commission or discovery; otherwise the criminal action is time-barred.

5. Elements the prosecution must prove

An insulting or defamatory act (not words) was performed.
Publication – at least one third person witnessed the act.
Identifiability – the target is determinable.
Malice in law is presumed; the accused must show privilege, good motives or justifiable ends to negate it. (RESPICIO & CO.)

6. Where and how the case is started

Stage	Key rules
Barangay (Katarungang Pambarangay)	If parties live in the same city/municipality and the penalty does not exceed 1 year jail or ₱5 000 fine, conciliation before the Lupon Tagapamayapa is mandatory. An amicable settlement, once written and signed, has the force of a contract; failure to settle results in a Certificate to File Action. (RESPICIO & CO.)
Office of the City/Provincial Prosecutor	The offended party (or spouse/ascendant/guardian) must execute a verified complaint-affidavit. During preliminary investigation the parties may still mediate; prosecutors often endorse compromise and apology for slight cases.
Trial court	Venue is (a) where the act occurred or (b) where the offended party resides at filing (Art 360 RPC). Conviction carries criminal penalties plus automatic civil liability (Art 100 RPC).

7. Settlement pathways after a case is filed

Judicial dispute resolution (JDR) or court-annexed mediation – Available in many first-level courts; if successful, the criminal case may be dismissed and only civil damages remain.
Affidavit of Desistance – The complainant may forgive the accused, but once the Information is filed the prosecutor or court may refuse dismissal if public interest demands continuation.
Plea to a lesser offence – The accused may offer to plead guilty to unjust vexation or intriguing against honour; the private complainant’s conformity and the prosecutor’s consent are required.
Civil Compromise – Even without affecting criminal liability, parties may execute a compromise agreement under Articles 2028 & 2034 Civil Code to settle damages, apology, retraction, or charitable donation.

8. Civil damages and other monetary exposure

Type	Basis
Actual / compensatory	Art 2199 Civil Code – proved loss (e.g., medical bills, lost wages from humiliation-induced leave).
Moral damages	Art 2219(7) – injury to feelings, mental anguish; frequently ranges ₱20 000 – ₱300 000 in recent RTC rulings.
Exemplary damages	Art 2232 – when the act is wanton or done in bad faith, to set a public example.
Attorney’s fees	Art 2208 when the defendant’s act compelled court action.

A separate tort action under Article 33 may be filed even if the criminal case is dropped; prescription is four (4) years for the civil suit. (RESPICIO & CO.)

9. Recent jurisprudential trends (2021 – 2024)

People v. Villanueva (G.R. 160351, 10 Apr 2006) – Slapping in front of co-workers held to be grave slander by deed because the humiliation, not the injury, predominated.
People v. Encarnacion (G.R. L-16883, 31 Mar 1961) – The case was remanded to an inferior court because slander by deed is triable by the justice of the peace when only arresto menor is imposable.
Causing v. People (2023) – Re-affirmed the six-month prescriptive period for oral defamation and slander by deed despite higher penalties imposed on cyber-libel.
Supreme Court media-speech line (statements vs. public officers) – The Court has clarified that acts or words tied to the performance of an official’s duties enjoy qualified privilege; absence of malice defeats defamation. (See SC press release, 2024.) (RESPICIO & CO.)

10. Practical check-list for complainants and accused

Complainant	Accused
Act within 6 months of the incident.	Consider apology + restitution early; many cases end at the barangay.
Gather witnesses, CCTV, photos to prove “publication.”	Evaluate qualified/absolute privilege (e.g., performance of duty).
Attend barangay proceedings; refusal may bar court action.	Explore community service or probation to avoid jail if conviction is likely.
Decide if you prefer a civil suit only (no jail risk to the other party).	Timely raise prescription or lack of third-party publicity as defences.

11. Key take-aways

Fine levels today are ₱20 k – 100 k for serious slander by deed; ≤ ₱20 k for slight. Imprisonment is still legally possible but increasingly supplanted by fines, probation or community service. (Supra Source)
Settlement is encouraged at multiple stages—barangay, prosecution, and court—reflecting the offence’s essentially private nature. (RESPICIO & CO.)
The State nevertheless reserves the right to prosecute within six months, and a conviction brings both criminal and civil consequences.

This overview is for educational purposes only and should not be relied upon as legal advice. For case-specific guidance, consult a Philippine lawyer.