Oral Defamation (Slander): Is Shouting Insults a Crime?

Defamation means saying something about a person that tends to cause dishonor, discredit or contempt. The Code defines it for libel in Article 353: imputing a crime, a vice or defect, real or imaginary, or any act or condition that tends to dishonor a person. When this is done in writing, print, radio and similar means, it is libel. When it is done by spoken words, it is oral defamation. See libel and oral defamation in our glossary.

Not every rude word is defamation. Calling someone a thief, a cheat or worse in front of other people can be. A quarrel where nothing dishonorable is said about the other person may not be.

Article 358, as amended by Republic Act No. 10951 (2017), reads:

In plain numbers, using the duration table of the Code (Articles 27 and 76):

The actual sentence depends on the facts and on other rules of the Code that we do not compute here.

The words alone do not decide it. In Pader v. People (2000), the Supreme Court said defamatory words fall in one class or the other depending on their meaning and also on the special circumstances of the case and the relationship between the two people, which may show what the speaker intended.

In that case, a man appeared at a lawyer's gate and shouted "putang ina mo" and called him shameless. The lawyer was then running for vice mayor. The lower courts convicted the man of grave oral defamation. The Supreme Court lowered it to slight oral defamation. It noted that the two were neighbors, the man was drunk, and his anger came from an earlier incident involving his father. The Court also said the phrase "putang ina mo" is often "just an expletive", used to show anger rather than to slander. It imposed a fine of ₱200, the old amount before Republic Act No. 10951.

One note: the Pader resolution describes the penalty for slight oral defamation as arresto mayor. The Code itself says arresto menor, both before and after Republic Act No. 10951. Follow the text of Article 358.

Slander by deed is defamation through an act instead of words. Article 359, as amended by Republic Act No. 10951, punishes any act not covered by the other articles that casts dishonor, discredit or contempt on another person. Examples could be a humiliating gesture or slap done in public to shame someone. If the act is serious, the penalty is arresto mayor in its maximum period to prision correccional in its minimum period, or a fine of ₱20,000 to ₱100,000. If it is not serious, it is arresto menor or a fine of up to ₱20,000.

Six months. Article 90, as amended by Republic Act No. 4661, says "the offenses of oral defamation and slander by deed shall prescribe in six months". The count starts when the offended party, the authorities or their agents discover the crime (Article 91). See How many years before a criminal case prescribes?

Yes. Libel is defamation in writing or similar means, with a heavier penalty and a one-year deadline. Cyber libel is libel done through a computer system, such as a Facebook post. For the side-by-side differences, see Oral defamation vs libel vs cyber libel and Libel in the Philippines.

These are made-up examples to show how the rules work. They are not advice for any real case.

Aling Rosa shouts "Magnanakaw ka!" at her neighbor Linda in front of other people at the sari-sari store. This is spoken, so it can be oral defamation under Article 358. Whether it is serious or slight depends on the words and the circumstances, as in Pader. Linda has six months to file.

Mario and Jun argue over a parking slot. After that, Mario blocks Jun's car every morning just to annoy him, without saying anything about Jun. Since nothing dishonorable is said or shown about Jun, this may not be defamation. Acts done only to annoy someone are looked at under unjust vexation.

Carmi sends a voice message to a group chat calling her co-worker a thief. Words sent through a phone or computer raise other questions, including cyber libel, that this page does not answer.

Many quarrels between neighbors in the same city or town pass through the barangay first. But the Local Government Code leaves out offenses with a fine above ₱5,000, and Republic Act No. 10951 raised the fine for slight oral defamation to up to ₱20,000. No official source we use settles the effect, so ask the barangay or the prosecutor. See Do I need to go to the barangay first? and our barangay guides.

Talk to a lawyer if you plan to file, if you received a complaint or subpoena, or if the words were also posted or sent online. A lawyer can judge whether the words are defamatory, whether the case is serious or slight, and whether the six-month deadline has passed. If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.