Slander is a crime since such act is punishable by law. It may be Oral Defamation or Slander By Deed. Both are felonies. The Philippine Penal Code provides that:
“Article 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.”1
However, a new law, Republic Act No. 10951, has been passed increasing the fine from P200.00 to P20,000.00 for the crime of Slander (Oral Defamation). Consequently:
Section 94.2 Article 358 of the same Act is hereby amended to read as follows:
“Art. 358. Slander. – Oral defamation shall be punished by arresto mayor in its maximum period to prisión 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 Twenty thousand pesos (₱20,000).”3
“Article 359. Slander by deed. – The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed upon any person who shall perform any act not included and punished in this title, which shall cast dishonor, discredit or contempt upon another person. If said act is not of a serious nature, the penalty shall be arresto menor or a fine not exceeding 200 pesos.”4
Similarly, under the above-mentioned Republic Act, the fine in the felony of Slander By Deed has also been increased from P200.00 to P20,000.00. Thus:
Section 95.2 Article 359 of the same Act is hereby amended to read as follows:
“Art. 359. Slander by deed. – The penalty of arresto mayor in its maximum period to prisión correccional in its minimum period or a fine ranging from Twenty thousand pesos (₱20,000) to One hundred thousand pesos (₱100,000) shall be imposed upon any person who shall perform any act not included and punished in this title, which shall cast dishonor, discredit or contempt upon another person. If said act is not of a serious nature. the penalty shall be arresto menor or a fine not exceeding Twenty thousand pesos (₱20,000).”3
Is slander punishable by law, why?
Slander is defined and penalized by law. Upon conviction of the person who committed Slander, either Oral Defamation or Slander By Deed, it caries with it the punishment of imprisonment or fine. These are penalties imposed by law.
No person has the right to defame another in order to ruin his or her reputation, thereby, putting the latter in a situation where people will judge him or her because of the remarks uttered against that individual.
It takes a lot of time and effort to build a person’s reputation. Yet, it only takes a few seconds to destroy what you have worked so hard for many years.
It will be grave injustice on the part of the aggrieved party if someone can just freely ruin another individual’s image or dignity and is not held accountable for such action.
People should be very careful with the words they say because words cut deep and can destroy life in an instant.
What qualifies as slander?
As mentioned, Slander is committed when:
There is an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, status or circumstances:
- It has been made orally or through some physical action.
- It has been committed publicly.
- The perpetrator acted maliciously.
- The slander or defamation is directed to a natural or juridical person, or one who is dead.
- The purpose the author of the crime is to cause dishonor, discredit or contempt of the person defamed.
The gravity of the oral defamation depends not only (1) upon the expressions used, but also (2) on the personal relations of the accused and the offended party, and (3) the circumstances surrounding the case. 5
The social standing and the position of the offended party are also taken into account. It was ruled by the Supreme Court that the slander was grave because the offended party had held previously the office of Congressman, Governor, and Senator and was a candidate for Vice-President.6
What can I do if someone is slandering me?
No person has the right to tarnish someone’s reputation. People should be very cautious on the language they use. It is better to keep your mouth shut rather than uttering something you might regret later on or even worse, put you behind bars.
Nowadays, it is easy for people to spew garbage and hurl out epithets with the intention to debilitate someone’s reputation and put them in a bad light.
If someone is slandering you, you have to report it immediately to the proper authorities in order for them to inquire on the matter.
Once you’ve already filed a report or a complaint against the person who is slandering you, wait for the results of the proper authorities’ inquiry or investigation.
If the officers find probable cause for the complaint to prosper, such complaint will be elevated to the courts of justice. Once it is already in court, you have nothing to do but wait for the judge to render a decision.
If you are being slandered you should try your best to keep calm and avoid saying anything that might be used against you. Leave the administration of justice to the proper authorities.
Even though you are the aggrieved party, never take justice in your own hands. It is the court who gets to decide when justice will be served.
For purposes of evidence, you can interview the persons whom the author of the slander have talked to. Inquire what have been said to them against you. If they will be amenable, get their statements and reduced them into affidavits.
In this way, you have already secured evidence in your favor. Likewise, your report before the authorities shall also form part of your proofs and documentations.
Can you go to jail for slander in relation to the kinds of slander?
You can be incarcerated in relation to the kind of slander that you have committed. The Revised Penal Code expressly provides the term of imprisonment for those people who will be convicted of slander. It states that:
“Article 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.”7
“Article 359. Slander by deed. – The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed upon any person who shall perform any act not included and punished in this title, which shall cast dishonor, discredit or contempt upon another person. If said act is not of a serious nature, the penalty shall be arresto menor or a fine not exceeding 200 pesos.”8
Therefore, without prejudice to the applicability of Probation or Recognizance under existing laws, a person guilty of Slander, both by Oral Defamation or Slander By Deed, will have to go to jail, upon conviction.
Is it worth suing for defamation, why?
Reputation and dignity as a person is something that we can only hold on to. These are the qualities that will make an individual respectable and dignified. Thus, is worth suing so as to clear your name? Then, based on this postulate, it seems it will be worth it.
The reputation of a person is worthy of protection because this is what people think of us. Although it is not healthy to be someone who always wants to please people in order not to be judged by them, our reputation should still be protected especially when someone wants to ruin it by spreading falsehood.
People worked so hard to achieve the reputation they now have, and it will be grave injustice to them if someone could easily besmirch that reputation in a blink of an eye and would not be held liable for such act. Mankind should always respect each other and should not in any way destroy other individual’s name or reputation.
Regardless of the fact that what the person is spreading is the truth, it would always be presumed that such defamation is made with malice and intent to ruin the one’s name.
Persons should not waste their time nitpicking over other people’s lives and waiting for them to commit a mistake to use it against them.
Individuals who try to besmirch someone’s reputation should be sued and be held accountable in order for him to learn his lesson to avoid similar incidents in the future. Our reputation is a part of who we are as a person and no one has the right to take that from us.
What has been Decided
There are already landmark jurisprudence which the High Court had resolved for the people to amplify their understanding about slander. Hence:
It is not required that the person defamed has read or heard about the libelous remark. What is material is that a third person has read or heard the libelous statement, for “a man’s reputation is the estimate in which others hold him, not the good opinion which he has of himself.”9
“An allegation is considered defamatory if it ascribes to a person the commission of a crime, the possession of a vice or defect, real or imaginary or any act, omission, condition, status or circumstance which tends to dishonor or discredit or put him in contempt or which tends to blacken the memory of one who is dead.”10
“To determine whether a statement is defamatory, the words used in the statement must be construed in their entirety and should be taken in their plain, natural and ordinary meaning as they would naturally be understood by persons reading them, unless it appears that they were used and understood in another sense.”11
“It must be stressed that words which are merely insulting are not actionable as libel or slander per se, and mere words of general abuse however opprobrious, ill-natured, or vexatious, whether written or spoken, do not constitute a basis for an action for defamation in the absence of an allegation for special damages. The fact that the language is offensive to the plaintiff does not make it actionable by itself.”11
Final Thoughts
The bottom line is that reputation can either make or break a person. We cannot ignore the fact that a person’s reputation has a bearing in his life. A person’s reputation dictates the opportunities that will come to him.
People with good reputation tend to have better opportunities as compared to those people who do not have one. It partly affects a person’s success in life. A concrete example of the impact of reputation is evident in the classroom.
Students who have good grades tend to have better job opportunities as compared to those who barely survived school. It might look unfair but it is what it is.
Individuals should learn how to be happy for other people’s success instead of devising ways on how to drag them down.
We have our own timelines and we have no idea what each other had to go through just to get where they are now. The world will be a better place if people drop the hatred and animosity and start spreading kindness instead of hate.
- Act No. 3815, Revised Penal Code[↩]
- Republic Act No. 10951[↩][↩]
- Ibid.[↩][↩]
- Act No. 3815, Revised Penal Code[↩]
- The Revised Penal Code, Book Two, Reyes, p. 956 (14th Ed., 1998), citing People vs. Jaring, C.A., 40 O.G. 3683[↩]
- People vs. Boiser, C.A, 53 O.G. 2202[↩]
- Supra., Revised Penal Code[↩]
- Supra, Revised Penal Code[↩]
- Manila Bulletin Publishing Corporation vs. Victor Domingo, G.R. No. 170341, July 05, 2017[↩]
- Digna Ramos vs. People of the Philippines, G.R. No. 226454, November 20, 2017[↩]
- Ibid.[↩][↩]
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