Article 358 of the Revised Penal Code: Slander (oral defamation)
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Republic Act No. 10951 (Wording as amended by this law.)
What does Article 358 say?
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).
What does it mean in plain language?
Article 358 punishes oral defamation, also called slander: defaming someone with spoken words. If the defamation is "of a serious and insulting nature", the penalty is arresto mayor in its maximum period to prision correccional in its minimum period (4 months and 1 day to 2 years and 4 months). Otherwise it is simple or slight oral defamation, punished by arresto menor (1 to 30 days) or a fine of up to ₱20,000.
Oral defamation is defamation by spoken words. Defamation in writing, print, radio or similar means is libel, punished under Article 355.
How does it work in real life?
Aling Rosa: "Magnanakaw ka!"
During a quarrel in front of other neighbors, Aling Rosa shouts at Mang Berto, "Magnanakaw ka!" ("You're a thief!"). The words impute a crime and were heard by others, so this can be oral defamation. Whether it is serious or simple depends on the words, the setting and what happened between them before.
Joel: a calm accusation at a meeting
At a homeowners' association meeting, Joel calmly stands up and tells everyone that the treasurer "pockets our dues" and has a criminal record, which is untrue. The statement is deliberate, made to a group, and attacks the treasurer's honesty. The prosecutor may consider serious oral defamation, but the court decides.
Carmi: words in a heated moment
In a heated argument over a parking spot, Carmi curses at her neighbor. As in Pader, a court may treat words said in sudden anger as slight, especially when they are expletives rather than a real accusation.
What does this mean in practice?
- The deadline is short: Article 90 says oral defamation prescribes in six months.
- Some disputes between people who live in the same city or municipality must first go through barangay conciliation; the barangay or the prosecutor's office can say whether that step applies to a given case. See do I need to go to the barangay first? and the barangay guides.
- If the act was a gesture or deed, not words, the crime may be slander by deed under Article 359 instead.
- Annoying words that do not defame may be unjust vexation.
- Full overview: oral defamation (slander): is shouting insults a crime? and oral defamation vs libel vs cyber libel.
What is the difference between serious and simple oral defamation?
The article itself only says "serious and insulting nature" and "otherwise":
| Kind | Penalty | Length or amount |
|---|---|---|
| Serious (grave) oral defamation | Arresto mayor, maximum period, to prision correccional, minimum period | 4 months and 1 day to 2 years and 4 months |
| Simple (slight) oral defamation | Arresto menor or a fine | 1 to 30 days, or a fine not exceeding ₱20,000 |
The courts decide which kind applies. In Pader v. People (2000), the Supreme Court said that defamatory words fall under one or the other depending on their sense and ordinary meaning, and also on "the special circumstances of the case, antecedents or relationship between the offended party and the offender". These can show what the speaker intended at the time.
What did the Supreme Court decide in Pader v. People?
The accused shouted "putang ina mo", then the lawyer's name, then "Napakawalanghiya mo!" at a lawyer who was then running for vice mayor, while the lawyer was talking with his political leaders at his house. The trial court convicted him of grave oral defamation.
The Supreme Court found that the words were defamatory, but only slight. It pointed out that the two were neighbors, that the accused was drunk, and that his anger came from something the lawyer had done when the accused's father died. The Court also noted that "putang ina mo" is often used to express anger or displeasure rather than to slander. It imposed only a fine. The factors the Court weighed were:
- the plain meaning of the words;
- the circumstances in which they were said;
- what happened before, and the relationship between the two people;
- what these show about the speaker's intention at the time.
What did Republic Act No. 10951 change?
Republic Act No. 10951 (2017) raised the fine for simple oral defamation. The original 1930 text, still printed on the Supreme Court E-Library, said "a fine not exceeding 200 pesos". Today the fine is up to ₱20,000. The prison penalties did not change.
Frequently asked questions
What is the penalty for oral defamation in the Philippines?
Serious oral defamation is punished by arresto mayor in its maximum period to prision correccional in its minimum period (4 months and 1 day to 2 years and 4 months). Simple or slight oral defamation is punished by arresto menor (1 to 30 days) or a fine of up to ₱20,000.
Is saying 'putang ina mo' oral defamation?
It can be, but in Pader v. People (2000) the Supreme Court found it only slight oral defamation on the facts. The Court noted the phrase is often used to express anger rather than to slander, and looked at the circumstances: the parties were neighbors and the accused was drunk and angry over an earlier incident.
How long do I have to file an oral defamation case?
Article 90 says oral defamation and slander by deed prescribe in six months.
What is the difference between slander and libel?
Slander, or oral defamation, is defamation by spoken words. Libel is defamation by writing, printing, radio, film or similar means under Article 355, and online it is cyber libel. They have different penalties and deadlines.
What is slander by deed?
It is a separate crime under Article 359: an act, not words, that casts dishonor, discredit or contempt on another person, such as a humiliating gesture done in public. It has its own penalties.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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