Oral defamation

Dear Atty. Shalie,

I am a single parent, trying to earn a living by providing massage services. There was one client whose wife got seriously unpleasant with her husband’s frequent return to me to avail himself of my services.

Whatever her reasons were for coming to my home, where I dedicated a small room for the massage services I provide, the visit was really offensive, as she suddenly shouted and hurled invectives at me. She called me names and cast dishonor upon my person, claiming that I was offering other illicit services to my clients, more particularly, her husband.

My next-door neighbors could hear her, and some of them might have believed what she said about me. I would have let it pass, except that some people are really mean or merely gullible enough to believe what they hear without knowing the facts.

Soon enough, my small business suffered, and most importantly, my children have been affected, since that day I was verbally attacked by my client’s wife.

Can I sue her for slander? 

 Sheryl

Dear Sheryl,

Oral defamation or slander has been defined as “the speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood.”  

The elements of oral defamation are: there must be an imputation of a crime, vice or defect, or any act, omission, status or circumstance; made orally, publicly and maliciously; directed to a person, which tends to cause dishonor to the offended party. 

The Courts have adopted some guidelines, using the “doctrine of ancient respectability,” such that the defamatory words could either be serious or slight oral defamation, depending upon “their sense and grammatical meaning,” as well as upon the special circumstances of the case, antecedents or relationship between the offended party and the offender.

Where the language used by your offender was deliberately applied to you, with evident intent to injure your character, ruin your reputation, and hold you in public contempt, by imputing immorality or crime against you, the Courts will certainly step in, to protect you.

If the words spoken against you were insulting and scandalous remarks, and seriously affected you, your trade, and even your children, the defamation may be considered grave and serious, calling for a higher penalty than that of simple oral defamation. 

Atty. Shalimar P. Lazatin-Obinque