Article 364 of the Revised Penal Code: Intriguing against honor
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 364 say?
The penalty of arresto menor or fine not exceeding Twenty thousand pesos (P20,000) shall be imposed for any intrigue which has for its principal purpose to blemish the honor or reputation of a person.
What does it mean in plain language?
Article 364 punishes any intrigue whose principal purpose is to blemish the honor or reputation of a person. The penalty is arresto menor (1 to 30 days) or a fine of up to ₱20,000. It sits in the same chapter as incriminating an innocent person, under the heading "incriminatory machinations".
The article reads:
The penalty of arresto menor or fine not exceeding Twenty thousand pesos (P20,000) shall be imposed for any intrigue which has for its principal purpose to blemish the honor or reputation of a person.
How does it work in real life?
Weng: a quiet campaign
Weng wants her officemate to lose a promotion. Over several weeks she quietly hints to different coworkers that the officemate "might" be stealing supplies, never saying it openly, and asks each of them to keep it secret. If the court finds that the main purpose was to blemish the officemate's reputation, this may be intriguing against honor.
Dante: an open accusation
At a barangay assembly, Dante loudly says his neighbor is a thief. That is an open statement in spoken words, so oral defamation under Article 358 is the closer fit, as the prosecutor and the court decide.
Celia: an honest warning
Celia tells a friend she heard a rumor about a contractor's unfinished projects, because the friend is about to hire him. If her main purpose is to warn, not to blemish the contractor's honor, the purpose required by Article 364 may be missing.
What does this mean in practice?
- Light felony. Article 9 counts crimes punished by arresto menor or a fine of up to ₱40,000 as light felonies, so this is one.
- Barangay first? Disputes between people living in the same city or municipality may first need barangay conciliation; see do I need to go to the barangay first? and the barangay guides.
- Annoying but not defamatory. Acts that only annoy or irritate may be unjust vexation.
- Deadlines. For when a case can no longer be filed, see prescription of crimes.
- See also the question on when gossip becomes a crime.
What does the article require?
From its words, two things:
- An intrigue. The Code does not define the word. In ordinary use, an intrigue is a secret scheme or plotting, rather than an open statement.
- A principal purpose. The main aim of the intrigue must be "to blemish the honor or reputation of a person".
The article is short and no Supreme Court ruling on it is explained on this page. Whether a given set of acts is an intrigue with that purpose is decided by the prosecutor and the court.
How is it different from slander and libel?
| Intriguing against honor (Article 364) | Oral defamation (Article 358) | Libel (Articles 353 and 355) | |
|---|---|---|---|
| What is punished | An intrigue mainly meant to blemish honor or reputation | Defamation by spoken words | Defamation by writing, printing, radio and similar means |
| Penalty | Arresto menor or a fine of up to ₱20,000 | Depends on whether it is serious or slight | Prision correccional in its minimum and medium periods, or a fine of ₱40,000 to ₱1,200,000, or both |
Libel under Article 353 is a public and malicious imputation of a crime, vice, defect or similar matter. Oral defamation under Article 358 is the same kind of imputation in spoken words. When a person openly accuses someone, the prosecutor may look at those articles instead. Article 364 has its own, much lighter penalty.
What did Republic Act No. 10951 change?
Republic Act No. 10951 (2017) raised the fine. The original 1930 text, still printed on the Supreme Court E-Library, set a fine "not exceeding 200 pesos". Today it is up to ₱20,000. The prison penalty, arresto menor, did not change.
Frequently asked questions
What is intriguing against honor?
Under Article 364, it is any intrigue whose principal purpose is to blemish the honor or reputation of a person. The penalty is arresto menor (1 to 30 days) or a fine of up to ₱20,000.
Is gossip a crime in the Philippines?
Not all gossip. Article 364 applies to an intrigue whose principal purpose is to blemish a person's honor or reputation. Whether a particular rumor fits, or is instead oral defamation or libel, or no crime at all, is decided by the prosecutor and the court.
What is the penalty for intriguing against honor?
As amended by Republic Act No. 10951, arresto menor or a fine not exceeding ₱20,000.
Is intriguing against honor a light felony?
Yes. Article 9 says light felonies are those punished by arresto menor or a fine not exceeding ₱40,000, or both. Article 364 provides arresto menor or a fine of up to ₱20,000.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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