On
Slander - Oral Defamation

ART.358

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 200 pesos.

KINDS OF ORAL DEFAMATION:
1. Grave slander - defamation is of a serious and insulting nature;
2. Simple slander - light insult or defamation.

FACTORS THAT DETERMINE GRAVITY OF THE OFFENSE:
1. expressions used
2. personal relations of the accused and the offended party,
3. circumstances surrounding the case, and
4. social standing and position of the victim.

Words uttered in the heat of anger constitute light oral defamation.

If the utterances were made publicly and were heard by many people and the accused at the same time pointed his finger at the complainant, oral defamation is committed.

Simple slander prescribes in 2 months and grave slander in 6 months. (Prescription of Crime)

Bar Exam Question (1988)

Slander (1988)

For some time, bad blood had existed between the two families of Maria Razon and Judge Gadioma who were neighbors. First, there was a boundary dispute between them which was still pending in court. Maria's mother also filed an administrative complaint against the judge which was however dismissed. The Razons also felt intimidated by the position and alleged influence of their neighbor. Fanning fire to the situation was the practice of the Gadiomas of throwing garbage and animal excrement into the Razon's premises. In an explosion of anger, Maria called Judge Gadioma "land grabber", "shameless", and
"hypocrite." What crime was committed by Maria, if any? Explain briefly.

Suggested Answer:

Maria committed the crime of slander or slight defamation only because she was under the influence of anger. When Maria called Judge Gadioma a hypocrite and land grabber she imputed to him the commission of crimes.


Bar Exam Question (1996)

Slander (1996)

Pia, a bold actress living on the top floor of a plush condominium in Makati City sunbathed naked at its penthouse every Sunday morning. She was unaware that the business executives holding office at the adjoining tall buildings reported to the office every Sunday morning and, with the use of powerful binoculars, kept on gazing at her while she sunbathed. Eventually, her sunbathing became the talk of the town. 

1) What crime, if any, did Pia commit? Explain, 
2) What crime, if any, did the business executives commit? Explain.

Suggested Answer:

1) Pia did not commit a crime, The felony closest to making Pia criminally liable is Grave Scandal, but then such act is not to be considered as highly scandalous and offensive against decency and good customs. In the first place, it was not done in a public place and within public knowledge or view. As a matter of fact, it was discovered by the executives accidentally and they have to use binoculars to have a public and full view of Pia sunbathing in the nude.

2) The business executives did not commit any crime. Their acts could not be acts of lasciviousness [as there was no overt lustful act), or slander, as the eventual talk of the town, resulting from her sunbathing, is not directly imputed to the business executives, and besides such topic is not intended to defame or put Pia to ridicule.


Bar Exam Question (2004)

Slander vs. Criminal Conversation (2004)

Distinguish clearly but briefly between oral defamation and criminal conversation.

Suggested Answer:

Oral defamation, known as SLANDER, is a malicious imputation of any act, omission, condition, or circumstance against a person, done orally in public, tending to cause dishonor, discredit, contempt, embarrassment, or ridicule to the latter. This is a crime
against honor penalized in Art. 358 of the Revised Penal Code.

CRIMINAL CONVERSATION. The term is used in making a polite reference to sexual intercourse as in certain crimes, like rape, seduction, and adultery. It has no definite concept as a crime.