Article 359 of the Revised Penal Code: Slander by deed
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 359 say?
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).
What does it mean in plain language?
Article 359 punishes slander by deed: an act, not words, that casts dishonor, discredit or contempt on another person, when the act is not already punished as another crime against honor. 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.
The full text, 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 ("this title., which shall cast,") are printed this way in the official text. "This title" is the part of the Code on crimes against honor (Articles 353 to 364), which includes libel and oral defamation.
How does it work in real life?
Tess: a slap in public
During a quarrel at the market, Tess slaps her neighbor Weng in front of other vendors, without leaving any 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: a humiliating gesture
At a neighborhood party, Ramon throws a glass of water in the face of his neighbor Nestor while others watch, to shame him. The act was done to put Nestor to contempt in public. A court may find this serious slander by deed.
Jinky: a rude gesture
In a heated argument, Jinky makes a rude hand gesture at her co-worker in the office pantry. A court may treat this as not serious, which carries arresto menor or a fine of up to ₱20,000.
What does this mean in practice?
- Six months. Under Article 90, slander by deed prescribes in six months.
- Barangay first in some disputes. Some disputes between people who live in the same city or municipality must first go through barangay conciliation. See do I need to go to the barangay first? and the barangay guides.
- Words or acts. If the insult was spoken, see oral defamation. Annoying acts that do not dishonor may be unjust vexation.
- Injuries. If the act caused an injury, see physical injuries.
What are the penalties for slander by deed?
| Kind | Penalty | Length or amount |
|---|---|---|
| Serious | Arresto mayor, maximum period, to prision correccional, 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 |
Lengths come from the Article 76 table; see the table of the duration of penalties. The article does not define "serious". Whether an act is serious is decided by the court on the facts.
How is slander by deed 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 |
| Deadline to file (Article 90) | Six months | Six months | One year |
When is a slap or a gesture slander by deed?
The same act can fit more than one crime. 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. Which crime fits depends on the facts, and the prosecutor and the court decide.
What did Republic Act No. 10951 change?
Republic Act No. 10951 (2017) raised the fines in Article 359: ₱20,000 to ₱100,000 for serious slander by deed, and up to ₱20,000 for the less serious kind. The prison penalties did not change. Older decisions applied the much lower fines of the 1930 text.
Frequently asked questions
What is slander by deed?
Under Article 359, it is any act, not otherwise punished as a crime against honor, that casts dishonor, discredit or contempt upon another person. It is defamation by an act rather than by words.
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 from ₱20,000 to ₱100,000. If not serious: arresto menor (1 to 30 days) or a fine of up to ₱20,000.
How long do I have to file a slander by deed case?
Article 90 says oral defamation and slander by deed prescribe in six months.
Is a slap in public slander by deed or physical injuries?
It depends on the facts. A slap that leaves no injury may be maltreatment under Article 266, or slander by deed under Article 359 if it was done to dishonor the person. The prosecutor and the court decide which crime fits.
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. They have similar penalties, and 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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