Slander

Dear Atty. Chris,

A co-worker’s wife came into the office and scandalously accused me of being his husband’s lover. I was so humiliated because none of it was true and a lot of people witnessed it. I have not been sleeping well the past nights because of this. What charges can I file and its jail term? Thanks, Atty.

Martha

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Dear Martha,

Slander is the action or crime of making a false spoken statement damaging to a person’s reputation.

The Revised Penal Code of the Philippines provides for the punishment for Slander or Oral Defamation as follows:

“Art. 358. Slander. — 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” (Article 368, Revised Penal Code of the Philippines).

The punishment for oral defamation will also depend on the degree of seriousness of the oral defamation. Accordingly, it is considered grave slander when it is of a serious and insulting nature, and its gravity is determined by the expressions used; the personal relations of the accused and the offended party; and the special circumstances of the case, the antecedents or relationship between the offended party and the offender, which may tend to prove the intention of the offender at the time (Agbayani v. Court of Appeals, G.R. No. 183623, 25 June 2012).

If proven that a person is guilty for a crime, that person may also be required to pay damages as part of the civil liability. It is concisely stated in a decision of the Supreme Court that:

“Article 2219, par. (7) of the Civil Code allows the recovery of moral damages in case of libel, slander or any other form of defamation. This provision of law establishes the right of an offended party in a case for oral defamation to recover from the guilty party damages for injury to his feelings and reputation. The offended party is likewise allowed to recover punitive or exemplary damages” (Occena vs. Icamina et. al., G.R. 82146, 22 January 1990).

Hope this enlightened you.

Atty. Christoffer Liquigan