Drafting a Cease and Desist Letter for Oral Defamation (Slander) in the Philippines: A Comprehensive Guide

Disclaimer: This article is for general informational and educational purposes only. It is not intended as legal advice. For legal assistance or advice specific to your situation, it is recommended to consult with a qualified attorney licensed to practice law in the Philippines.

1. Introduction

In the Philippines, defamation can generally be categorized into two forms: libel (written or printed defamation) and slander (oral defamation). Slander refers to defamatory statements spoken by one person against another, which may harm an individual’s reputation, honor, or integrity.

When someone engages in slanderous activities, it can give rise to both civil and criminal liabilities under Philippine law. Although you may ultimately decide to file a lawsuit for damages, many parties prefer to start with a Cease and Desist Letter (also called a demand letter) to formally notify the offending party to stop making harmful statements and to provide an opportunity for an amicable resolution before proceeding to litigation.

2. Legal Framework for Oral Defamation (Slander) in the Philippines

Revised Penal Code of the Philippines
- Article 358 (Slander or Oral Defamation): Defines oral defamation as “libel committed by oral (spoken) means.”
- Classification into Simple or Grave Slander:
  - Simple Slander: An act of slight or moderate nature; punishable by arresto menor or a fine.
  - Grave Slander: A more serious, insulting, or malicious remark; punishable by arresto mayor in its maximum period or a higher fine.
- Penalties depend on the gravity of the defamatory words and the context in which they were uttered.
Civil Code of the Philippines
- Articles 19, 20, 21, and 26: These articles deal with the abuse of rights and provide the basis for filing civil actions for damages.
- Article 26 specifically emphasizes that every person should respect the dignity, personality, privacy, and peace of mind of others. Violations can give rise to liability.
Criminal vs. Civil Actions
- Criminal Action for Oral Defamation (Slander): Initiated by filing a complaint with the Office of the City or Provincial Prosecutor. Conviction may result in imprisonment or a fine, depending on the nature of the offense (simple vs. grave slander).
- Civil Action for Damages: A separate or additional remedy under the Civil Code. The aggrieved party can claim moral, exemplary, or nominal damages for injury to reputation or emotional distress.

3. What is a Cease and Desist Letter?

A Cease and Desist Letter is a formal written notice demanding that an individual or entity stop a particular action—in this case, making or spreading defamatory (slanderous) statements. Although there is no legal requirement under Philippine law to send such a letter prior to filing a complaint, it is a common and often prudent practice.

Purposes of a Cease and Desist Letter:

Put the offender on notice that their conduct is defamatory.
Demand a stop to the offending statements.
Attempt to resolve the issue amicably before legal proceedings.
Establish evidence of good faith if you later decide to take the matter to court.

4. Key Considerations Before Drafting the Letter

Gather Evidence:
- Identify and record specific instances of oral defamation (who said what, when, where, and to whom).
- Secure witness statements or any audio/video recordings (if lawfully obtained) to substantiate the claims.
Determine the Nature of Defamation:
- Assess whether the statements amount to simple slander or grave slander based on their seriousness, maliciousness, and intent.
- Evaluate whether you also have grounds for a civil action under Articles 19, 20, 21, or 26 of the Civil Code.
Seek Preliminary Legal Counsel (if possible):
- A lawyer can help ensure the letter’s language is accurate, legally correct, and appropriately forceful without risking additional legal complications (e.g., crossing the line into harassment or threats).
Clarify Your Demands:
- Decide what you want the offender to do:
  - Stop making false statements.
  - Possibly issue a retraction or public apology.
  - Provide compensation for damages, if appropriate.
Decide on Consequences:
- Clearly state the consequences of failing to comply (e.g., filing a criminal complaint for slander or a civil case for damages).

5. Structure and Content of a Cease and Desist Letter

While there is no single mandatory format, an effective Cease and Desist Letter typically includes the following sections:

Letterhead and Date:
- If you are represented by counsel, use the law firm’s letterhead for added gravitas.
- Include the date at the top for record-keeping.
Recipient’s Information:
- Clearly identify the person or entity to whom the letter is addressed.
- Include their full name (or authorized representative, if any) and address.
Salutation:
- Use a formal salutation (e.g., “Dear Mr. [Name],”).
Introduction and Statement of Facts:
- Briefly introduce yourself or your client.
- Summarize the background of the relationship or context, if necessary (e.g., “I am writing in connection with repeated statements made by you…”).
- State the specific defamatory statements made, the date/time/place they were uttered (to the extent known), and the potential harm caused.
Legal Basis:
- Cite relevant legal provisions, such as Article 358 of the Revised Penal Code (for slander) and relevant articles of the Civil Code (Articles 19, 20, 21, 26, etc.).
- Emphasize how these statements constitute oral defamation and how the law provides remedies.
Demand to Cease and Desist:
- Clearly state that the recipient must immediately stop making or spreading any further defamatory remarks.
- Indicate whether you also require a public apology or retraction (e.g., in the same setting where the defamatory statements were originally made).
Remedies and Consequences:
- Mention the remedies you intend to pursue (criminal complaint, civil suit for damages) should the slander continue.
- Specify a reasonable timeframe for compliance (e.g., within 5 or 10 days upon receipt of the letter).
Reservation of Rights:
- Explicitly state that you reserve all legal rights and remedies under Philippine law, even if you are giving an opportunity for an amicable resolution now.
Conclusion and Contact Information:
- Encourage the recipient to rectify the situation or contact you (or your counsel) to discuss a resolution.
- Provide your (or your counsel’s) contact details for further communication.
Signature and Notary (If Applicable):

Sign the letter. If you are represented by counsel, typically the lawyer signs.
Notarization is not strictly necessary for a Cease and Desist Letter but may underscore its seriousness.

6. Serving or Delivering the Cease and Desist Letter

Modes of Delivery:
- Personal Delivery: Have a reliable person deliver the letter and request a signed acknowledgment of receipt.
- Registered Mail with Return Card: Provides proof that the recipient received the letter on a specific date.
- Courier Services: Some courier services also provide delivery confirmation.
Record-Keeping:
- Keep a copy of the letter, the delivery receipt, or the return card as proof that the offender was officially put on notice.

7. Next Steps if the Offender Fails to Comply

Filing a Criminal Complaint for Oral Defamation:
- Draft a complaint-affidavit detailing the facts and legal basis.
- Submit it to the Office of the City or Provincial Prosecutor having jurisdiction over the place where the defamation was uttered.
- Attend the preliminary investigation if summoned.
Filing a Civil Suit for Damages:
- File a complaint before the appropriate Regional Trial Court or Metropolitan/Municipal Trial Court (depending on the amount of damages) in the area where the cause of action or part thereof arose or where you or the defendant resides.
- Claim for moral, exemplary, or nominal damages as justified by the circumstances.
Consider Mediation or Alternative Dispute Resolution:
- Even after a complaint is filed, parties may still opt for mediation. A settlement or compromise can be reached before or during the court proceedings.
Public Apology or Retraction:
- Sometimes, the offending party might offer a public apology or retraction to avoid litigation.
- If a settlement is reached, make sure it is set out in a written agreement witnessed and signed by all parties.

8. Important Tips and Reminders

Avoid Potential Counterclaims:
- Ensure that your letter is factual, polite, and avoids defamatory or threatening language that could expose you to your own legal liabilities.
Precision and Clarity:
- The more specific you are regarding the alleged defamatory statements and the legal basis for your demand, the stronger your position.
Timeliness:
- For criminal actions, be mindful of the prescriptive period for slander as provided by law (generally one year for libel or slander cases to be filed under the Revised Penal Code).
- For civil actions, consider the applicable statute of limitations for filing damage suits.
Consider Potential Constitutional Issues:
- There is a balancing act between one’s right to freedom of speech and another’s right to protect their reputation.
- Ensure that you are targeting only false, malicious statements rather than fair comment on matters of public interest.
Professional Assistance:
- Consulting a lawyer skilled in defamation law is highly advisable, especially if the offense is severe or ongoing.
- Missteps in legal strategy or letter drafting can weaken your case or prolong the dispute.

9. Sample Outline of a Cease and Desist Letter

Below is a simplified outline you may adapt (in consultation with a lawyer) for Philippine oral defamation cases:

[Date]

[Name of Recipient]
[Address]

Re: Cease and Desist from Making Defamatory Statements

Dear Mr./Ms. [Surname],

I. Introduction
    - Briefly introduce yourself or your client and the relationship/context.

II. Statement of Facts
    - Provide details of the incident(s): dates, places, the nature of the defamatory statements, potential witnesses.

III. Legal Basis
    - Cite applicable laws (Revised Penal Code Article 358 on Slander; Civil Code provisions).

IV. Demand
    - Demand that the recipient immediately cease and desist from making any further defamatory statements.
    - If needed, request a public apology or retraction.

V. Consequences
    - State that failure to comply within [number of days] will prompt the filing of criminal and/or civil actions.

VI. Reservation of Rights
    - State that you or your client reserves all rights and remedies under Philippine law.

VII. Closing
    - Provide contact details for further communication.
    - Encourage an amicable resolution.

Sincerely,

[Signature]
[Printed Name]
[Title, if any]
[Contact Information]

10. Conclusion

Drafting a Cease and Desist Letter for oral defamation (slander) in the Philippines is a strategic first step to seek an end to damaging statements and to lay the groundwork for further legal action if necessary. It serves as formal notice to the offender and can help resolve issues swiftly and amicably without resorting to litigation.

However, defamation cases can be intricate due to the interplay of criminal and civil liabilities, as well as constitutional considerations on free speech. Thus, while a properly composed demand letter can be sufficient in some cases, severe or complicated situations may warrant closer guidance from an experienced Philippine attorney.

Key Takeaways

Identify and document all instances of defamatory statements before sending a Cease and Desist Letter.
Cite the relevant laws (Revised Penal Code and Civil Code) and demand specific remedies.
A well-crafted letter can stop the defamatory behavior and/or open the door to settlement.
If the offender does not comply, you may proceed with filing a criminal complaint for slander or a civil action for damages.
Legal counsel can provide valuable assistance in drafting the letter and formulating an overall legal strategy.

Disclaimer: This guide is designed to provide general information on drafting a Cease and Desist Letter for oral defamation in the Philippines and is not a substitute for personalized legal advice. If you need specific guidance, consult a qualified Philippine lawyer.