Filing a Slander Case in the Philippines: Legal Process and Cost Considerations
Disclaimer: The following article is for general informational purposes only and does not constitute legal advice. For specific concerns or personalized guidance, please consult a licensed Philippine attorney.

1. Overview of Defamation Under Philippine Law

In the Philippines, defamation is generally categorized into two forms under the Revised Penal Code (RPC):

Libel – a defamatory statement in writing or any other similar means (including broadcast media, social media, or other electronic means).
Slander (Oral Defamation) – a defamatory statement that is expressed verbally/spoken.

Since this article focuses on slander, it is important to understand its elements, legal basis, procedures, costs, and defenses.

1.1 Definition of Slander (Oral Defamation)

Oral Defamation (Slander): A crime committed when a person, by spoken words, imputes to another person a discreditable act or condition, causing damage to the latter’s reputation or honor.
The legal foundation is found in Article 358 of the Revised Penal Code.

To be considered actionable slander, the statement must have the following elements:

Defamatory Imputation: The spoken words must impute something that is damaging to the reputation of the person to whom it refers.
Publication/Communication to a Third Party: The defamatory statement must be heard or understood by at least one person other than the defamed individual.
Identifiability of the Victim: The statement should be directed to or clearly identify the person allegedly defamed, either explicitly or implicitly.
Malice: Under the law, malice is generally presumed if the statement is defamatory. However, there are certain privileged communications and defenses that may negate malice.

2. Legal Process of Filing a Slander Case

2.1 Preliminary Steps: Documentation and Evidence-Gathering

Record Incidents: Write down the exact statements, context, date, time, place, and any witnesses.
Witness Statements: Get the written, signed statements of all individuals who heard the defamatory words.
Corroborating Evidence: If the utterances were recorded (audio or video), or if there were text messages or chat logs referring to the same defamatory statements, keep these records.

Tip: Even though slander is verbal, any subsequent admissions or references in messages, notes, or social media posts may help corroborate the claim.

2.2 Filing a Complaint with the Public Prosecutor

In the Philippines, criminal actions for oral defamation are initiated by filing a complaint before the Office of the City or Provincial Prosecutor. The procedure typically involves:

Execution of a Complaint-Affidavit: The complainant (the allegedly defamed party) prepares a complaint-affidavit detailing the facts, attaching supporting evidence (witness affidavits, recordings if any).
Docketing and Assignment: The complaint is assigned a docket number and raffled to a prosecutor.
Preliminary Investigation:
- The prosecutor evaluates whether there is prima facie evidence of slander—i.e., enough evidence to suggest the crime of oral defamation was committed and that the accused is probably guilty.
- The accused is given the opportunity to file a counter-affidavit.
- The prosecutor may schedule clarificatory hearings.
Resolution and Filing of Information:
- If the prosecutor finds sufficient basis, they issue a resolution recommending the filing of an Information (formal charge) in court.
- The Information is filed with the Municipal or Regional Trial Court (depending on the case classification and penalty involved).

2.3 Arraignment and Trial

Arraignment: The accused appears before the court and is formally informed of the charge. The accused enters a plea (guilty or not guilty).
Pre-Trial and Trial Proper:
- The court may encourage settlement or mediation, especially in less grave offenses.
- If the case proceeds, the prosecution presents its evidence and witnesses first, followed by the defense.
Judgment: After the presentation of evidence, the court decides whether the accused is guilty beyond reasonable doubt.

2.4 Civil Aspect (Damages)

In criminal defamation cases, the civil aspect—i.e., claim for damages—can be included in the same proceeding. The Revised Penal Code allows the offended party to seek indemnification for moral or actual damages. Alternatively, the complainant may file a separate civil action.

3. Penalties for Slander Under the Revised Penal Code

3.1 Slight Oral Defamation vs. Grave Oral Defamation

Slight Oral Defamation: Punished by arresto menor, which ranges from 1 day to 30 days of imprisonment, or a fine ranging from PHP 200 to PHP 1,000, or both, depending on the court’s discretion.
Grave Oral Defamation: Punished more severely by arresto mayor, which can range from 1 month and 1 day to 6 months of imprisonment, and/or a higher fine, depending on the circumstances and the court’s determination of the gravity of the offense.

The classification between slight and grave depends on the nature of the defamatory words, the social standing of the parties, the occasion the words were uttered, and the extent of the injury to the offended party’s reputation.

4. Cost Considerations

4.1 Filing Fees

For criminal complaints, generally, there is no filing fee for initiating a criminal action at the level of the prosecutor’s office. However, if you decide to file a civil case for damages separately or reserve the right to file it independently, you will have to pay filing fees based on the amount of damages claimed.

4.2 Attorney’s Fees

Private Counsel: If you engage a private attorney to draft your complaint-affidavit, represent you during the preliminary investigation, and attend trial, fees can vary widely depending on the lawyer’s experience, firm size, and complexity of the case.
Pro Bono or Public Attorneys Office (PAO): If your income level qualifies, you may seek representation from the Public Attorney’s Office at no cost. However, PAO representation is generally limited to financially indigent clients.

4.3 Litigation Costs

Court Appearance and Administrative Fees: Although criminal proceedings typically do not require the complainant to pay standard filing fees (those are generally absorbed by the state once the case is accepted for prosecution), costs may arise for documentary stamps, notarial fees, photocopying, travel expenses, and other incidental expenses.
Bond: If the accused is arrested, they may post bail, but that is not a direct cost to the complainant.
Expert and Witness Fees: If you need expert witnesses or you must pay transportation and allowance to witnesses, you may incur additional expenses.

5. Timelines and Prescriptive Periods

Under Act No. 3326 (and related laws setting prescriptive periods), slander (or oral defamation) must generally be filed within a certain time after the alleged offense is committed. Typically, the prescriptive period is six (6) months for oral defamation. Failing to file within this time may bar the criminal action.

6. Possible Defenses to a Slander Charge

A defendant in a slander case may raise several defenses, including:

Truth – However, unlike in libel, truth alone is not always a complete defense in oral defamation if it is not shown that the statement was made with good motives and for justifiable ends.
Lack of Malice – If the utterance is a privileged communication, made in good faith, or in a situation exempted by law (e.g., testimonies in court, official legislative or executive proceedings), malice might be negated.
Consent – If the person allegedly defamed consented to the publication or statement.
Prescriptive Period – The case can be dismissed if it is filed after the statutory period.

7. Practical Considerations Before Filing a Slander Case

Strength of Evidence: Assess whether the spoken words are clearly defamatory, and whether you have credible witnesses or recordings.
Potential Countercharges: Be aware that if your complaint is deemed baseless or malicious, the accused can potentially file a countercharge for malicious prosecution or perjury.
Costs vs. Benefits: Litigation can be lengthy and potentially expensive; consider the potential remedies (imprisonment or damages) and weigh them against time and financial resources.
Alternative Dispute Resolution: Especially if the parties have ongoing relationships (e.g., neighbors, co-workers, relatives), exploring mediation or settlement through barangay conciliation or court-annexed mediation may be more beneficial in resolving issues amicably.

8. FAQs

Can a slander complaint be settled out of court?
- Yes. The parties can opt for compromise or amicable settlement at different stages of the proceedings. However, since slander is a public offense, the prosecutor or court must approve the dismissal if the private complainant withdraws the complaint.
Is it necessary to go through the Barangay Lupon (Katarungang Pambarangay)?
- In many minor offenses and disputes, the law requires prior referral to the Barangay Lupon for conciliation unless the parties reside in different cities or municipalities, or if the penalty involved is beyond certain thresholds. Check with your local barangay to see if conciliation is mandatory in your case.
If the defamatory statement was published on social media, is that slander or libel?
- Spoken statements broadcast in a live stream could be considered oral defamation. However, once a statement is posted (e.g., text on a status update) or permanently recorded online, it may fall under libel or cyber libel (under the Cybercrime Prevention Act of 2012, Republic Act No. 10175). Consult a lawyer to clarify which charge is appropriate.
Does public apology remove the criminal liability for slander?
- A public apology may help mitigate penalties or possibly lead the complainant to forgive the offender and withdraw the complaint, but it does not automatically extinguish criminal liability once the case is in court.

9. Conclusion

Filing a slander (oral defamation) case in the Philippines involves understanding the criminal and civil aspects of defamation under the Revised Penal Code. From gathering evidence and filing a complaint with the prosecutor’s office to going through preliminary investigation and trial, the process can be time-consuming and potentially expensive. A successful case hinges on proving all elements of slander—defamatory statement, communication to a third party, identifiability of the victim, and malice.

Cost considerations include attorney’s fees, incidental litigation costs, and possible filing fees for civil damages. Before proceeding, it is crucial to weigh the potential benefits against financial and emotional burdens. Consulting with a qualified Philippine lawyer can help you determine the best course of action, whether through formal litigation, alternative dispute resolution, or other avenues for redress and protection of one’s reputation.

Remember: Laws and legal procedures can change over time. Always verify the most current rules and statutes, and consider obtaining professional legal advice for your specific case.