Below is a comprehensive discussion on filing a libel or slander (oral defamation) complaint over false accusations under Philippine law. This article provides general legal information and should not be construed as legal advice. For personalized guidance, it is best to consult a qualified attorney.

1. Introduction

In the Philippines, false accusations that harm a person’s reputation can give rise to criminal and/or civil liability for defamation. Defamation is primarily governed by the Revised Penal Code (RPC). Under the RPC, defamation can be committed either in written form (libel) or spoken form (slander/oral defamation). In addition, online defamation or “cyber libel” is specifically covered by the Cybercrime Prevention Act of 2012 (Republic Act No. 10175).

Key Provisions in the Revised Penal Code:

Article 353: Defines libel
Article 355: Specifies the mode of publication of libel
Article 358: Defines slander (oral defamation)

Key Provision in the Cybercrime Prevention Act of 2012:

Section 4(c)(4): Defines cyber libel

2. Definitions and Elements

2.1 Libel

Definition
Libel is defined under Article 353 of the Revised Penal Code as a public and malicious imputation of a crime, or of a vice or defect (real or imaginary), or any act, omission, condition, status, or circumstance tending to cause dishonor, discredit, or contempt of a natural or juridical person.
Elements of Libel
- Imputation of a discreditable act or condition: A statement that is injurious to a person’s reputation or tends to subject them to public ridicule.
- Publication: The defamatory statement must be communicated to a third person or the public (e.g., in print, media, social media, or any other tangible medium).
- Identification: The person libeled must be identifiable or identifiable by the public to which the statement was published.
- Malice: The statement was made with knowledge that it was false, or with reckless disregard as to its truth or falsity, or with an intent to cause harm. Malice in law is presumed once defamation is shown, although it can be rebutted by showing good motives and justifiable ends.

2.2 Slander (Oral Defamation)

Definition
Slander is a defamatory act committed by speaking words that impute a crime, vice, or defect to another person. This is considered “oral defamation” under Article 358 of the Revised Penal Code.
Elements of Slander
- Imputation of a discreditable act or condition: The speaker makes a statement that harms another’s reputation.
- Publication (Communication to Third Party): At least one person, apart from the one defamed, hears the defamatory statement.
- Malice: The statement is made with knowledge of its falsity or with reckless disregard as to its truth or falsity.

2.3 Cyber Libel

Covered by the Cybercrime Prevention Act (RA 10175). It essentially carries over the elements of libel (under the RPC) but committed through a “computer system” or “any other similar means” (e.g., social media platforms, websites, emails).
The penalties are generally similar to those for regular libel, but with possible aggravating circumstances because it uses digital publication.

3. Examples of Defamatory Statements

Accusation of a Crime: Falsely accusing someone of theft, fraud, or any criminal act.
Imputation of Moral Defects: Falsely labeling someone as corrupt, dishonest, or immoral.
Publication of False Allegations: Disseminating unverified and damaging allegations in newspapers, social media posts, or public gatherings.

4. Legal Procedure: Filing a Criminal Complaint

4.1 Where to File

Office of the City Prosecutor or Provincial Prosecutor: In the city or province where the defamatory statement was printed, published, or first published, or where the offended party resides in cases of libel.
For online defamation, jurisdiction can also lie where the offended party’s computer or device was accessed or used to view the defamatory content, but this is sometimes subject to judicial interpretation.

4.2 Documentary Requirements

When filing a complaint, you typically need to prepare:

Judicial Affidavit or Sworn Statement: Detailing the facts of the case, how and when you learned of the defamatory statement, and the specific words or statements that are defamatory.
Evidence of Publication:
- For libel: Copies of the printed material (newspaper, magazine, letter, etc.) or screenshots if digital.
- For online defamation: Screenshots of the post, website link, date, and time stamps, as well as proof of authorship or identity of the accused (if available).
Witness Statements: Statements from witnesses who heard or saw the defamatory statement.
Proof of Identity: Valid identification showing you are the offended party.

4.3 Steps in Filing

Preparation of Complaint-Affidavit
- Draft a complaint-affidavit narrating the details of the alleged defamation. Attach all relevant pieces of evidence.
Submission to Prosecutor’s Office
- File the complaint-affidavit with the Office of the City or Provincial Prosecutor that has jurisdiction.
Preliminary Investigation
- The prosecutor will require the respondent to file a counter-affidavit. The parties may also submit additional affidavits and evidence.
- The prosecutor determines whether probable cause exists to file an information (criminal charge) in court.
Information Filed in Court
- If the prosecutor finds probable cause, an Information (formal charge) is filed in the Regional Trial Court (for libel) or Municipal Trial Court (for slander, depending on penalty considerations).
Arraignment and Trial
- The accused is arraigned, enters a plea, and the case proceeds to trial unless resolved through motions, settlement, or other legal remedies.

5. Applicable Penalties

5.1 Criminal Penalties

Libel (Article 355, RPC):
- Penalty is generally prisión correccional in its minimum to medium periods (imprisonment ranging from 6 months and 1 day to 4 years and 2 months), or a fine, or both.
- The court has discretion to impose the fine instead of imprisonment under certain circumstances (see Republic Act No. 10951, which adjusted penalties under the Revised Penal Code).
Slander (Article 358, RPC):
- Simple Slander: Arresto menor or arresto mayor (from 1 day to up to 6 months) depending on the severity of the offense.
- Slander by Deed: An act rather than words (such as gestures) causing dishonor can incur similar penalties but often is treated in a slightly different provision (Article 359 of the RPC).
- Courts generally weigh the gravity of the statement and its consequences on the offended party’s reputation.
Cyber Libel (Section 4(c)(4), RA 10175):
- Generally imposes the same penalty for libel under the Revised Penal Code but may result in one degree higher penalty compared to ordinary libel, depending on the court’s assessment.

5.2 Civil Liabilities

Under Philippine law, every person who is criminally liable for a felony is also civilly liable. This means the offended party may claim damages for mental anguish, moral damages, exemplary damages, and attorney’s fees if the court finds the accused guilty.
Alternatively or additionally, the offended party may file a separate civil action under Articles 19, 20, 21, 26, 32, or 33 of the Civil Code, especially where the claims focus on indemnification for damages rather than punishment.

6. Defenses to Libel or Slander

Truth
- If the imputation is true and the publication is done with good motives and justifiable ends, there is generally no libel (Article 361, RPC). However, truth alone is not always a complete defense if the statement was made with malicious intent and is unrelated to a matter of public interest.
Qualified Privilege
- Statements made in the performance of official duties or in official proceedings (e.g., in court pleadings, legislative hearings) may be covered by qualified privilege and not considered libelous if made without malice.
Fair Comment on Matters of Public Interest
- Opinions on matters of public interest (public officials’ conduct, political issues, etc.) are generally protected, provided they are fair, made in good faith, and not intentionally malicious.
Lack of Malice
- The defendant can show that the statement was made without malice or ill intent—perhaps as a mistaken impression, made in good faith, or a neutral statement of facts that did not intend to defame.
Prescription
- Criminal complaints for libel generally prescribe if not filed within one (1) year from the date of publication. For oral defamation, prescription is six (6) months. Cyber libel has been subject to varying interpretations, but commonly, the same one-year period from discovery or publication is applied unless jurisprudence dictates otherwise.

7. Practical Considerations

Evidence Collection
- Gather all relevant documents, screenshots, photos, and communications. Ensure the authenticity and verifiability of digital evidence.
Prompt Filing
- Mind the prescription periods (1 year for libel, 6 months for slander). Delay can forfeit your right to file criminal cases.
Identifying the Accused
- Especially in online defamation, establishing the identity of the author or poster can be challenging. Seek legal assistance on how to properly identify and attribute posts, possibly through digital forensics.
Possible Settlement or Mediation
- In some cases, an amicable settlement is possible, whether to correct or retract statements, pay damages, or issue a public apology.
Criminal vs. Civil Options
- You may file a criminal complaint, a separate civil suit, or both. However, you cannot seek double recovery for the same wrongful act. Decide based on strategic, financial, and time considerations.

8. Conclusion

Filing a libel or slander (oral defamation) complaint in the Philippines involves understanding the legal definitions, jurisdiction, procedural steps, and the potential defenses that may be raised. Key points include:

Libel and slander punish the wrongful and malicious injury to one’s reputation.
The Revised Penal Code and the Cybercrime Prevention Act govern defamation, with procedures initiated through the Office of the City or Provincial Prosecutor.
Accused parties may defend themselves by proving truth, lack of malice, or by invoking privileged communication.
Victims should compile strong evidence, identify the correct jurisdiction, and file their complaint promptly to avoid prescription issues.
Civil liability often accompanies criminal liability, allowing the offended party to seek damages in court.

If you believe you have been defamed—or if you have been accused of defamation—it is crucial to consult a lawyer. A qualified attorney can guide you through the evidentiary requirements, represent you in the prosecutor’s office and the courts, and help you secure the best possible outcome in your specific situation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a licensed attorney in the Philippines for advice tailored to your particular case.