Dear Atty. Nico,

I have a neighbor whose house is right across mine. There are rumors going around the neighborhood that she is a mistress of a local politician.

Oftentimes, there would be various vehicles parked in front of her house to the point that it was becoming a nuisance to the neighborhood, especially to my family.

One day, her visitor parked in front of our lawn because her car was parked in front of her house. To my annoyance, I went to her house and called her out. After hearing the commotion, some of our neighbors were intrigued about what was happening. After a couple of verbal exchanges, I suddenly blurted out, “Kaya ka lang naman nakatira dito kasi babae ka ni Mayor.”

Eventually, I heard from another neighbor that she was contemplating on filing a criminal action against me.

Will her action prosper, even when there is truth to the statement I made? Thank you for your time.

Maricar

Dear Maricar,

Unfortunately, she may have a case of oral defamation (or slander) against you as the elements are present in your case.

In the case of Labargan vs People, citing De Leon vs People, the Court discussed the nature and elements of the crime:

Oral Defamation or Slander is libel committed by oral (spoken) means, instead of in writing. It is 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: (1) there must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, status, or circumstances; (2) made orally; (3) publicly; (4) and maliciously; (5) directed to a natural or juridical person or one who is dead; (6) which tends to cause dishonor, discredit, or contempt of the person defamed. Oral defamation may either be simple or grave. It becomes grave when it is of a serious and insulting nature.

After a careful review, each of the elements of Slander, as laid down in De Leon, has been satisfactorily established.

a) First, there was an imputation of a crime. The statement attributed to you, “Kaya ka lang naman nakatira dito kasi babae ka ni Mayor” in its plain, natural, and ordinary meaning, accusing your neighbor of prostitution under Article 202 of the Revised Penal Code (RPC). Such imputation is defamatory per se, since it inherently tends to dishonor and discredit the latter’s character.

b) Second, the imputation was made orally, during a verbal spat between you and your neighbor.

c) Third, the imputation was made publicly, in the presence of other neighbors, who were within hearing distance at the time of the confrontation.

d) Lastly, the imputation was malicious. Truthfulness of the statement is irrelevant unless it can be shown that it was made with good intention or justifiable motive. Neither “good intention” nor “justifiable motive” can be inferred from the utterance of such statement.

Atty. Nico Antonio