Criminal Law - Book 2- Crimes and Penalties

Art. 358. Slander (Oral Defamation)

I. Concept: It is understood as the speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood

II. Oral or verbal Defamation is of two kinds:  (1) Grave when it is of a serious and insulting kind or (2) Simple

A. Factors to consider:

1. The expression used including their sense, grammatical significance and accepted ordinary meaning

2. The personal relations of the accused and the offended party, as when both are bitter enemies

3. The special circumstances of the case and its antecedents, such as the time, place and occasion of the utterances, persons present 

4. The social standing and position of the offended party

B. Words uttered in the heat of anger or in a quarrel, with some provocation on the part of the victim, is simple slander.

Example: The refusal of the Mayor, without valid justification to approve the monetization of accrued leaves of the accused led the latter to utter scathing words against the Mayor, which utterances were considered slight as the said refusal was deemed sufficient provocation (Villanueva vs. People, April 10, 2006) 

III. The victim may not have heard the words, it is enough that a third person heard them.

IV. Words uttered in one occasion and place and directed at several persons not mentioned individually constitute only one offense.

V. Words used as expletives ( i.e.to express anger, displeasure, are not defamatory)

1. Example: the words “Puta, Putang Ina Mo” are common enough expressions in the dialect that are often  employed, not really to slander but rather to express anger or displeasure. It is seldom, if ever, taken in its literal sense by the hearer, that is, as a reflection on the virtues of the mother “(PP. vs. Reyes quoted in Villanueva vs. PP)

Art. 359. Slander By Deed.

I. The performance of any act which shall cast dishonor, discredit or contempt upon another person. Depending upon the seriousness of the act, the time, place, occasion, the character of the victim, it is either Grave or Light. 

II. If it is not proven that the purpose of the act is to humiliate or embarrass the act may either be maltreatment or unjust vexation.

III. Poking a dirty finger ordinarily connotes the phrase “Fuck you” which is similar to the expression “Puta” or “Putang Ina Mo” and, when there is provocation from the victim, is simple slander by deed ( Viilanueva vs. Pp)

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SLANDER OR LIBEL?
written by Claro del Rosario, June 24, 2009

If the defamation is written but confined to a limited number of persons (Supervisors and management) like a complaint against a co-employee is it libel or slander?

The complaint report has many omissions and misleading to place the victim in a bad light and possible disciplinary penalty.

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written by mark anthony lee, July 15, 2009

what are the minimum and maximum penalty for this crime? and usualy how long does a trial take to punish the offender?thank you very much

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written by 0verseer, July 16, 2009

The penalties differ from the acts that constituted the crime but the maximum of all the penalties when it comes to imprisonment is prision correccional.

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