Oral Defamation (Slander): Meaning in Philippine Law
Quick answer
Oral defamation, also called slander, is defamation by spoken words: saying something that tends to dishonor, discredit or bring contempt on a person. It is punished by Article 358 of the Revised Penal Code. The law treats it as either serious (grave) or slight.
Also called: Slander, Grave oral defamation, Slight oral defamation
What does Article 358 say?
As amended by Republic Act No. 10951, the article reads:
Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period if it is of a serious and insulting nature; otherwise the penalty shall be arresto menor or a fine not exceeding Twenty thousand pesos (P20,000).
Under the Code's tables of duration, the penalty for serious slander runs from four months and one day to two years and four months. Slight slander carries arresto menor (one to thirty days) or a fine of up to ₱20,000.
When is oral defamation serious and when is it slight?
The law does not list the words. In Pader v. People (2000), the Supreme Court said the answer depends "not only upon their sense, grammatical significance, and accepted ordinary meaning", but also on the special circumstances of the case and the relationship between the parties. In that case, the accused shouted "putang ina mo" at a lawyer who was also his neighbor. The Court held it was only slight oral defamation. It noted that the accused was drunk, that his anger came from an earlier incident, and that the phrase is often used to express anger rather than to slander.
How is it different from libel and slander by deed?
- Libel is defamation in writing, print, radio, painting, film or a similar means (Article 355).
- Slander by deed is an act, not words, that casts dishonor, discredit or contempt on another person (Article 359).
- Oral defamation is defamation by spoken words.
Is there a deadline to file?
Yes, and it is short. Article 90 says oral defamation and slander by deed prescribe in six months.
Example
Made-up illustration: During a quarrel in the street, Rosa shouts at her neighbor "Magnanakaw ka!" in front of other people. Because the words were spoken, this may be oral defamation. Whether it is serious or slight depends on the words, the setting and the history between them. See Oral defamation in the Philippines for more, and Is truth a defense in libel?.
Which provisions use this term?
Frequently asked questions
What is the difference between oral defamation and libel?
Oral defamation is spoken. Libel is made in writing, print, radio, painting, film or similar means under Article 355. Defamation through a computer system can be cyber libel.
Is cursing someone always grave oral defamation?
No. In Pader v. People (2000), shouting 'putang ina mo' at a lawyer who was a neighbor was held to be only slight oral defamation, given the circumstances: the accused was drunk and angry over an earlier incident. The Court looks at the words and at the circumstances and relationship of the parties.
How long do I have to file a case for oral defamation?
Article 90 of the Revised Penal Code, as amended by Republic Act No. 4661, says oral defamation and slander by deed prescribe in six months.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
Was this page helpful?