Slander by Deed: When a Slap or Gesture Is a Crime
Quick answer
Slander by deed is dishonoring a person through an act instead of words, such as a slap or a humiliating gesture done to shame someone. It is punished by Article 359 of the Revised Penal Code. 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, the penalty is arresto menor or a fine of up to ₱20,000. The case must be filed within six months.
What does Article 359 say?
As amended by Republic Act No. 10951 (2017):
The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from Twenty thousand pesos (P20,000) to One hundred thousand pesos (P100,000) shall be imposed upon any person who shall perform any act not included and punished in this title., which shall cast, dishonor, discredit or contempt upon another person. If said act is not of a serious nature, the penalty shall be arresto menor or a fine not exceeding Twenty thousand pesos (P20,000).
The stray comma and full stop are printed this way in the official text. "This title" means the part of the Code on crimes against honor, which includes libel and oral defamation. So slander by deed covers acts that dishonor a person and are not already punished as another crime against honor.
What are the penalties?
| Kind | Penalty | Length or amount |
|---|---|---|
| Serious | Arresto mayor in its maximum period to prision correccional in its minimum period, or a fine | 4 months and 1 day to 2 years and 4 months, or ₱20,000 to ₱100,000 |
| Not serious | Arresto menor or a fine | 1 to 30 days, or not more than ₱20,000 |
The lengths come from Articles 27 and 76. Article 359 does not define "serious". Whether an act is serious is decided by the court on the facts of each case. The fines were set by Republic Act No. 10951; older decisions applied the much lower fines of the 1930 text.
When is a slap slander by deed and not physical injuries?
The same act can fit more than one crime:
- If the slap causes no injury, it may be maltreatment under Article 266, or slander by deed if it was done to dishonor the person, for example in public.
- If the act causes an injury that needs treatment or keeps the person from work, the articles on physical injuries apply. See physical injuries.
- If the act only annoys without dishonoring, it may be unjust vexation.
Which crime fits depends on the facts. The prosecutor decides the charge, and the court decides on the evidence.
How is it different from oral defamation and libel?
| Slander by deed | Oral defamation | Libel | |
|---|---|---|---|
| How | An act or deed | Spoken words | Writing, printing, radio and similar means |
| Article | 359 | 358 | 353 and 355 |
| Time to file (Article 90) | Six months | Six months | One year |
See oral defamation for insults by spoken words.
How long is there to file a case?
Under Article 90, "the offenses of oral defamation and slander by deed shall prescribe in six months." Some disputes between people who live in the same city or municipality pass through the barangay first; whether that step applies depends on the offense. See do I need to go to the barangay first? and the barangay guides.
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case.
Tess slaps her neighbor Weng in front of other vendors at the market, without leaving a mark. This can be maltreatment under Article 266, or slander by deed if it was done to dishonor Weng. The prosecutor decides which charge fits.
Ramon throws a glass of water in the face of his neighbor Nestor at a party, while others watch, to shame him. A court may find this serious slander by deed.
Jinky makes a rude hand gesture at a co-worker during an argument in the office pantry. A court may treat this as not serious, which carries arresto menor or a fine of up to ₱20,000.
When do you need a lawyer?
Talk to a lawyer soon, because the six-month period is short, and because the same act may be charged as slander by deed, maltreatment, physical injuries or unjust vexation. A person accused of slander by deed may also need a lawyer to answer the complaint. If you cannot afford one, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.
Which provisions does this answer rest on?
Frequently asked questions
What is slander by deed?
Under Article 359 of the Revised Penal Code, slander by deed is performing an act, not covered by another crime against honor, that casts dishonor, discredit or contempt upon another person.
What is the penalty for slander by deed?
If serious, arresto mayor in its maximum period to prision correccional in its minimum period (4 months and 1 day to 2 years and 4 months), or a fine of ₱20,000 to ₱100,000. If not serious, arresto menor (1 to 30 days) or a fine of up to ₱20,000.
Is slapping someone slander by deed?
It can be. A slap that causes no injury may be maltreatment under Article 266, or slander by deed if it was done to dishonor the person, for example in front of others. The prosecutor and the court decide which crime fits.
How long do I have to file a slander by deed case?
Six months. Article 90 of the Revised Penal Code says the offenses of oral defamation and slander by deed prescribe in six months.
What is the difference between slander by deed and oral defamation?
Oral defamation (Article 358) is done with spoken words. Slander by deed (Article 359) is done with an act or gesture. Both prescribe in six months.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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